How to Determine if a Tree is Protected before removing it
Trees play an essential role in our environment, providing shade, clean air, and aesthetic value to our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to perform any work without obtaining permission. If you’re considering having a tree removed, it’s essential to understand the protection status of the tree in question, 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 a tree is protected and what you need be doing to make sure you are acting within the law.
What is a protected tree?
A protected tree is one that has been subjected to certain legal controls and it is unlawful to carry out work on such a tree without obtaining the necessary permissions. There are two kinds of protection a tree might have: statutory protection and preservation orders.
Statutory protection
Under legal protection trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees of significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are issued from the Secretary of State responsible for Environment. Trees with preservation orders are considered to be of exceptional value and are shielded from any work, including cutting down.
How do I know when a tree is in danger?
To determine whether the tree is protected, you need to check if it is in the process of being subject to a TPO or preservation or protection order. This can be accomplished by contacting the local authority and asking them to look up their records.
TPO search
To search for a TPO, you can contact your local Tree or Woodland Official of the local authority. They can inform you whether the tree is in the protection. They will also be able to guide you on the next steps to take if the tree is protected.
Preservation order search
If you are looking for a preservation order, you will need to contact the Secretary of State for the Environment. They will inform you whether the tree is protected and provide you with 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 tree that is protected without the proper permits, you could be facing substantial fines and even imprisonment.
Can I contest to a TPO Or preservation or TPO?
Yes, you are able to appeal to a TPO or preservation decision if it’s not justifiable. But, you’ll need to provide evidence to support your argument and demonstrate that the TPO or the preservation decision isn’t necessary.
Can I remove a protected tree?
It is against the law to remove a protected tree without obtaining the necessary permissions. If you require the tree to be removed then you must request permission and submit proof to back your claim.
Conclusion
In the end, determining if trees are protected is an essential step to ensure that tree work is legally completed. By understanding the different types of protection and how to check for them it is possible to be sure that you are acting within the law and protecting the trees that you are responsible for. If you’re not sure about the status of protection for the tree you are in charge of, we suggest seeking advice from an experienced tree expert like Expert Tree Services Brisbane. Our experienced arborists will be able to inform you about the protection status of your trees, and will guide you through the required steps to make sure you’re complying with the laws. With our experience and dedication to providing high-quality tree services, we can help you preserve the beauty and worth of your trees. Call us now by calling 0485 882825 to schedule a consultation and let us guide you on how to keep your trees protected and healthy.