The Repercussions of removing a Protected Tree and How to Avoid them
Trees play an important part in the environment as they provide shade, clean air, and aesthetic value to our surroundings. However, not all trees are identical and some are granted extra protection status, which makes it illegal to perform any work without obtaining permission. If you’re thinking of having a tree removed it is essential to know the status of protection for the tree you’re considering, and the steps you need to follow to be in compliance with the law. This article we’ll walk you through the steps to determine if a tree is secured and the steps you need be doing to make sure that you are acting within the law.
What exactly is a tree that is protected?
A protected tree has been subjected to certain legal controls and it is unlawful to work on such a tree without having the appropriate permissions. There are two types of protection a tree could be protected by - statutory protection and preservation orders.
Statutory protection
In the context of statutory protection, trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees with a significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are issued from the Secretary of State responsible for Environment. Preservation orders for trees are considered to have an exceptional worth and are therefore protected from any work, including cutting down.
How do I know when a tree is in danger?
To determine if trees are protected, you will need to check if it is in the process of being subject to the protection of a TPO or preservation orders. This can be done by contacting the local authority and asking them to check for records.
TPO search
If you want to find a TPO, you can contact the Tree or Woodland Official from your local authority. They will inform you if the tree is protected. They’ll also be able advise you on the next steps to take if the tree is in a protected area.
Preservation order search
To search for a preservation order you will need to contact Secretary of State, Department of the Environment. They will be able to inform you whether the tree is protected and give you the necessary information and guidance.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you carry out work on a tree that is protected without the appropriate authorizations, you could be subject to massive fines or even prison.
Can I contest a TPO and/or preservation order?
You can appeal to a TPO or preservation or TPO if you feel it is unjustified. However, you will need to provide evidence to support your claim and explain that you believe that the TPO or preservation order isn’t needed.
Can I take down a protected tree?
It is unlawful to take down trees that are protected without permission from the appropriate authorities. If you need removal of the tree, you will need to seek permission from the council and provide proof to back your claim.
Conclusion
To conclude, knowing if trees are protected is a crucial step to ensure that any tree work is carried out legally. By understanding the different types of protection, and knowing how to determine if they are protected it is possible to be sure that you’re in compliance with the law and protecting the trees in your care. If you are unsure about the nature of the protection of trees, we suggest seeking professional advice from an expert in tree care like Sydney Wide Tree Services. Our arborists are experienced and can advise you on the protection status of your trees and walk you through the necessary steps to ensure you are acting within the law. With our experience and dedication to provide high-quality tree services we will help you preserve the beauty and value of your trees. Contact us today by phone at 1300 926 820 to schedule a consultation and let us guide you on how to keep your trees safe and healthy.