What makes a tree protected and how to find out
Trees play an important contribution to our ecosystem by providing shade, fresh air and aesthetic value to our surroundings. However, not all trees are alike and some have an additional status of protection, making it illegal to perform any work without permission. If you’re considering having a tree removed it is essential to know the status of protection for the tree being considered, and the steps you need to take to ensure compliance with the legal requirements. This article we’ll walk you through the process of determining whether a tree is safe and exactly what steps you need to do to ensure you are acting within the law.
What is a protected tree?
A protected tree is subject to specific laws and regulations and it is unlawful to do work on such a tree without the required permissions. There are two kinds of protection that trees may have - preservation and protection orders that are statutory.
Legal protection
As a matter of legal protection trees are protected under the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are put in place through the secretary of state for the Environment. Preservation orders for trees are considered to be of exceptional worth and are therefore protected from all work, which includes the felling.
How can I tell whether a tree is safe?
To determine if the tree is protected, you will need to check if it is under an TPO or preservation or protection order. It is done by contacting the authorities in your area and asking them look up for records.
TPO search
If you want to find the TPO You can reach an Tree and Woodland officer from your local authority, who can inform you whether the tree is protected. They will 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 order you must contact secretary of state for Environment. They will tell you if the tree is protected and will provide the necessary information and guidance.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you carry out work on a protected tree without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.
Can I contest an TPO Or preservation or TPO?
You can appeal a TPO or preservation or TPO if you feel it is unjustified. However, you will need to prove your case and show that it is not necessary to appeal the TPO or preservation order is not necessary.
Can I take down a protected tree?
It is unlawful to take down a protected tree without obtaining the required permissions. If you want the tree to be removed, you will need to request permission and submit evidence to support your case.
Conclusion
To conclude, knowing if trees are protected is a vital step in ensuring that any tree work carried out legally. By understanding the different types of protection and how to determine if they are protected to ensure you are acting within the law and are protecting the trees that you are responsible for. If you are unsure about the nature of the protection of a tree, we recommend consulting an expert in tree care like Northern Beaches Tree Removal. Our experienced arborists can advise you about the protection status of your trees and walk you through the steps to ensure you are acting within the laws. With our knowledge and dedication to providing top-quality tree care We can assist you to keep the beauty and value of your trees. Call us now by phone at 1300 636 143 to schedule a consultation and let us guide you on how to keep your trees protected and healthy.