Avoiding Tree Removal Errors How to Determine if a Tree is Protected
Trees play an important role in our environment by providing shade, fresh air and aesthetic value our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to carry out any work without permission. If you’re considering having a tree removed, it’s essential to understand the status of protection for the tree in question, and what steps you’ll need to take to comply with the legal requirements. The following article we will walk you through the steps to determine if trees are protected and what you have be doing to make sure you are acting within the law.
What exactly is a tree that is protected?
A protected tree is one that has been subjected to certain legal controls, and it’s illegal to do work on such a tree without having the appropriate permissions. There are two kinds of protection that a tree may have - preservation and protection orders that are statutory.
Legal protection
In the context of statutory protection, trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees with a significant public value and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs , but are set up through the secretary of state for the Environment. Preservation orders for trees are considered to have exceptional value and are protected from any kind of work, including cutting down.
How can I tell whether a tree is safe?
To determine if trees are protected, you will need to check if it is under a TPO or preservation order. It is done by contacting the municipal authority, and asking them to check their archives.
TPO search
To search for the TPO to locate one, contact the Tree and Woodland officer from the local authority. They can inform you whether the tree is protected. They’ll also be able advise you on the next steps you should follow if the tree is protected.
Preservation order search
In order to search for a preservation permit, you must contact secretary of state for Environment. They will be able to determine whether the tree is protected and provide you with the necessary information and guidance.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you work on a protected tree without obtaining the necessary permits, you could be facing substantial fines and even imprisonment.
Can I appeal an TPO Or preservation or TPO?
You can appeal to a TPO or preservation or TPO if you believe it is unjustified. You will have to provide evidence to support your case and show your argument as to why you believe that the TPO or order to preserve isn’t needed.
Can I remove a protected tree?
It is against the law to remove trees that are protected without the required permissions. If you require the tree to be removed, you will need to seek permission from the council and provide the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether the tree is protected is a vital step to ensure that any tree work is legally completed. By understanding the different types of protection and the best way to determine if they are protected it is possible to be sure that you are acting within the law and are protecting the trees in your care. If you are unsure about the nature of the protection of the tree you are in charge of, we suggest seeking professional advice from an expert in tree care like The Hills Tree Pruning. Our arborists are experienced and can advise you regarding the status of protection of your trees, and will guide you through the necessary steps to ensure that you are complying with the laws. With our expertise and commitment to providing high-quality tree services We can assist you to preserve the beauty and value that your trees have. Contact us today at 0480 024 203 to schedule a consultation, and let us guide you on how to ensure that your trees are protected and healthy.