Protecting Trees: A Guide to Understanding Protected Status
Trees play a crucial contribution to our ecosystem as they provide shade, clean air and aesthetic value our surroundings. However they are not all equal and some carry additional protection status, making it illegal to do any work without permission. If you are considering having a tree removed, it’s essential to understand the status of protection for the tree being considered, and what steps you’ll need to take to ensure compliance with the legal requirements. This article we’ll walk you through the process of discovering whether the tree is secured and the steps you will need be doing to make sure that 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 is unlawful to do work on a protected tree without obtaining the necessary permissions. There are two kinds of protection that a tree could be protected by - statutory protection and preservation orders.
Legal protection
In the context of the law, trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees with a significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are issued from the Secretary of State responsible for Environment. Preservation orders for trees are considered to be of exceptional worth and are therefore protected from any kind of work, including the felling.
What can I do to determine whether a tree is safe?
To determine whether the tree is protected, you will need to verify if it’s under an TPO or preservation order. This can be accomplished by contacting your municipal authority, and asking them to look up for records.
TPO search
To find a TPO to locate one, contact the Tree and Woodland Officer from your local authority, who will be able to tell you if the tree is protected. They will also be able to guide you on the next steps you should take if the tree is protected.
Preservation order search
In order to search for a preservation order you’ll need to call the Secretary of State for the Environment. They can tell you if the tree is protected and will provide the necessary information and guidance.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you do work on a protected tree without obtaining the necessary permits, you could be facing substantial fines and even imprisonment.
Can I appeal a TPO and/or preservation order?
You can appeal a TPO or preservation order if it is unjustified. You will have be able to present evidence to back your case and show why it is not necessary to appeal the TPO or preservation order isn’t necessary.
Can I cut down a tree that is protected tree?
It is against the law to remove trees that are protected without the required permissions. If you want removal of the tree it is necessary to apply for permission and provide evidence to support your case.
Conclusion
To conclude, knowing if trees are protected is an essential step in ensuring that tree work is carried out legally. Understanding the different kinds of protection, and knowing how to check for them it is possible to be sure that you are acting within the law and safeguarding the trees in your care. If you’re not sure about the status of protection for the tree you are in charge of, we suggest seeking professional advice from an experienced tree expert such as Sydney Wide Tree Services. Our experienced arborists will be able to inform you on the protection status of your trees, and will guide you through the steps to ensure that you are complying with the law. With our experience and dedication to providing high-quality tree services we will help you keep the beauty and worth that your trees have. Call us now by phone at 1300 926 820 to schedule a consultation, and let us help you keep your trees protected and healthy.
