How to Determine if a Tree is Protected before removing it
Trees play an essential role in our environment as they provide shade, clean air, and aesthetic value to our surroundings. However they are not all identical and some are granted an additional status of protection, making it illegal to carry out any work without obtaining permission. If you’re considering having a tree removed it is crucial to be aware of the protection status of the tree in question, and what steps you’ll need to take to comply with the legal requirements. The following article we will help you understand the process of determining whether a tree is safe and exactly what steps you will need take to be sure you are acting within the law.
What exactly is a tree that is protected?
A protected tree is one that can be subject to specific laws and regulations It is illegal to do works on a tree without having the appropriate permissions. There are two kinds of protection that trees could be protected by - preservation orders and protection orders.
Statutory protection
Under legal protection trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant value to the public and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are issued by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to be of exceptional value and are protected from any work, including cutting down.
How can I tell whether a tree is safe?
To determine if the tree is protected, you must to verify if it’s under an TPO or preservation orders. This can be accomplished by contacting the municipal authority, and asking them to look up their archives.
TPO search
If you want to find a TPO, you can contact your local Tree or Woodland Official at the local authority. They will inform you whether the tree is protected. They will also be able to guide you on the next steps to do if your tree is protected.
Preservation order search
If you are looking for a preservation permit, you must contact the Secretary of State for the Environment. They will be able to determine whether the tree is in the protected zone 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 carry out work on a protected tree without the proper permits, you could be facing substantial fines and even imprisonment.
Can I appeal an TPO Or preservation or TPO?
You can appeal a TPO or preservation decision if you feel that it is not justified. You will have be able to present evidence to back your case and show your argument as to why the TPO or preservation order isn’t necessary.
Can I cut down a tree that is protected tree?
It is unlawful to take down protected trees without permission from the appropriate authorities. If you want the tree to be removed, you will need to request permission and submit the evidence needed to prove your case.
Conclusion
To conclude, knowing if the tree is protected is an essential aspect in ensuring that any tree work legally completed. If you know the various types of protection and how to determine if they are protected to ensure you’re following the law and protecting the trees in your care. If you’re unsure of the status of protection for a tree, we recommend consulting a reputable tree specialist, such as Expert Tree Services Brisbane. Our team of experienced arborists can advise you on the protection status of your trees and guide you through the steps to make sure you’re acting within the laws. With our experience and dedication to provide high-quality tree services, we can help you maintain the beauty and value of your trees. Contact us now at 0485 882825 to schedule a appointment, and let us assist you to keep your trees safe and healthy.
