The Consequences of Removing a Protected Tree and How to Avoid them

Posted by The Hills Tree Pruning on 22 Jul 2024

Trees play an important role in our environment by providing shade, fresh air and aesthetic value our surroundings. However there are a few trees that aren’t alike and some have additional protection status, making it illegal to do any work without obtaining permission. If you’re thinking of having a tree removed it is essential to know the protection status of the tree in question and the steps you need to take to comply with the laws. The following article we’ll walk you through the steps to determine if trees are secured and the steps you have take to be sure that you are acting within the law.

What is a protected tree?

A protected tree is subject to specific laws and regulations It is illegal to work on such a tree without having the appropriate permissions. There are two kinds of protection that trees might have: statutory protection and preservation orders.

Protection under the law

As a matter of statutory protection, trees are protected by the law, and they 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 destroyed or damaged.

Preservation orders

Preservation orders are like TPOs in that they are put in place through the secretary of state for the Environment. Trees with preservation orders are considered to have an exceptional value and are protected from any work, including the felling.

How do I know if a tree is protected?

To determine if a tree is protected, you must to check if it is in the process of being subject to the protection of a TPO or preservation orders. It is done by contacting the municipal authority, and asking them to check their records.

To search for the TPO, you can contact your local Tree or Woodland Official at the local authority. They will inform you whether the tree is in the protection. They’ll also be able to advise you on the next steps you should do if your tree is protected.

To search for a preservation permit, you will need to contact secretary of state for Environment. They will be able to inform you whether the tree is in the protected zone and give you the required information and guidelines.

FAQs:

What is the consequence if I do work on a tree that is protected without permission?

If you carry out work on a protected tree without the proper permits, you could be facing massive fines or even prison.

Can I appeal a TPO and/or preservation order?

Yes, you are able to appeal a TPO or preservation or TPO if you feel it’s not justifiable. However, you will need to prove your case and show that it is not necessary to appeal the TPO or the preservation decision is not necessary.

Can I remove a protected tree?

It is against the law to remove a protected tree without obtaining the required permissions. If you want removal of the tree it is necessary to apply for permission and provide proof to back your claim.

Conclusion

In conclusion, discovering whether trees are protected is an essential step in ensuring that any tree work is legally completed. Understanding the different kinds of protection, and knowing how to check for them it is possible to be sure that you’re in compliance with the law and safeguarding the trees that you are responsible for. If you are unsure about the nature of the protection of a tree, we recommend seeking advice from an expert in tree care like The Hills Tree Pruning. Our team of experienced arborists will be able to inform you regarding the status of protection of your trees and walk you through the necessary steps to ensure you are acting within the laws. With our experience and dedication to provide high-quality tree services we will help you keep the beauty and value that your trees have. Contact us now by phone at 0480 024 203 to schedule a consultation, and let us assist you to keep your trees protected and healthy.

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