What is the definition of a tree that should be protected and How Do I Find Out
Trees play an essential part in the environment as they provide shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t alike and some have an additional status of protection, making it illegal to perform any work without permission. If you are considering having a tree removed it is crucial to be aware of the protection status of the tree in question and the steps you need to follow to be in compliance with the laws. The following article we’ll guide you through the process of discovering whether trees are safe and exactly what steps you have be doing to make sure you are acting within the law.
What is a protected tree?
A protected tree is one that has been subjected to certain legal restrictions, and it’s illegal to works on a tree without having the appropriate permissions. There are two kinds of protection that a tree may have - statutory protection and preservation orders.
Statutory protection
In the context of legal protection, trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are issued by the Secretary of State for the Environment. Preservation orders for trees are considered to have exceptional value and are protected from any work, including cutting down.
How can I tell whether a tree is safe?
To determine if the tree is protected, you need to check if it is in the process of being subject to an TPO or preservation orders. It is done by contacting the local authority and asking them to check their archives.
TPO search
To search for the TPO to locate one, contact the Tree and Woodland officer of your local authority. They can inform you if the tree is protected. They’ll also be able advise you on the next steps you should take if the tree is in a protected area.
Preservation order search
In order to search for a preservation permit, you must contact secretary of state for Environment. They can inform you if the tree is protected and will provide the required information and guidelines.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you work on a protected tree without the appropriate permissions, you could face substantial fines and even imprisonment.
Can I contest a TPO and/or preservation order?
You can appeal to a TPO or preservation or TPO if you believe that it is not justified. However, you will need to provide evidence to support your claim and explain your argument as to why the TPO or order to preserve is not necessary.
Can I cut down a tree that is protected tree?
It is unlawful to take down a protected tree without obtaining the required permissions. If you want removal of the tree then you must request permission and submit proof to back your claim.
Conclusion
In conclusion, discovering whether the tree is protected is a crucial step to ensure that any tree work carried out legally. If you know the various types of protection and the best way to check for them to ensure you’re in compliance with the law and protecting the trees that you are responsible for. If you’re unsure of the protection status of the tree you are in charge of, we suggest seeking advice from a reputable tree specialist, such as Northern Beaches Tree Lopping Sydney. Our experienced arborists will be able to advise you on the protection status of your trees, and will guide you through the required steps to make sure you’re acting within the legal guidelines. With our expertise and commitment to providing high-quality tree services we will help you keep the beauty and value of your trees. Call us now by phone at 1300 941 639 to schedule a consultation and let us assist you to keep your trees safe and healthy.