What makes a tree protected and How Do I Find Out
Trees play an important role in our environment as they provide shade, clean air and aesthetic value our surroundings. However, not all trees are equal and some carry extra protection status, which makes it illegal to perform any work without obtaining permission. If you’re thinking of having a tree removed it is crucial to be aware of the protection status of the tree being considered, and what steps you’ll need to take to ensure compliance with the laws. In this article, we will guide you through the steps to determine if trees are protected and what you need to do to ensure that you are acting within the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific legal restrictions It is illegal to work on a protected tree without the required permissions. There are two types of protection that trees might have: statutory protection and preservation orders.
Protection under the law
As a matter of the law trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees with a significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are put in place by the Secretary of State for the Environment. Trees with preservation orders are considered to be of exceptional worth and are therefore protected from any kind of work, including the felling.
How can I tell whether a tree is safe?
To determine if trees are protected, you need to determine if the tree is under an TPO or preservation order. It is done by contacting the municipal authority, and asking them to search for records.
TPO search
To find a TPO You can reach an Tree and Woodland officer of your local authority, who will inform you if the tree is protected. They’ll also be able advise you about the next steps to follow if the tree is protected.
Preservation order search
In order to search for a preservation order you’ll need to call secretary of state for Environment. They will be able to inform you if the tree is protected and give you the required information and guidelines.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you work on a protected tree without the appropriate authorizations, you could be subject to significant fines, and possibly even jail time.
Can I appeal a TPO or preservation order?
You can appeal an appeal of a TPO or preservation decision if you believe that it is not justified. However, you will need to prove your argument and demonstrate your argument as to why the TPO or the preservation decision is not necessary.
Can I take down a protected tree?
It is unlawful to take down trees that are protected without the required permissions. If you require the tree to be removed then you must apply for permission and provide proof to back your claim.
Conclusion
In the end, determining if the tree is protected is an essential step in ensuring that tree work is carried out legally. If you know the various types of protection, and knowing how to check for them it is possible to be sure that you’re following the law and safeguarding the trees you care for. If you’re not sure about the nature of the protection of the tree you are in charge of, we suggest seeking professional advice from an experienced tree expert, such as Brisbane Tree Removal Arborists. Our experienced arborists can advise you on the protection status of your trees, and will guide you through the required steps to ensure you are complying with the law. With our expertise and commitment to provide high-quality tree services we will help you keep the beauty and worth that your trees have. Call us now by calling 0485 882 824 to schedule a consultation and let us help you ensure that your trees are protected and healthy.
