How do you determine whether a Tree is protected before removing it
Trees play an important part in the environment, providing shade, clean air and aesthetic value our surroundings. However they are not all identical and some are granted an additional status of protection, making it illegal to do any work without obtaining permission. If you are considering having a tree removed it is essential to know the status of protection for the tree being considered and what steps you’ll need to follow to be in compliance with the laws. The following article we’ll help you understand the process of discovering whether trees are protected and what you need take to be sure you comply with the law.
What is a protected tree?
A protected tree is one that is subject to specific legal controls and it is unlawful to do work on a protected tree without the required permissions. There are two kinds of protection a tree could be protected by - statutory protection and preservation orders.
Protection under the law
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 of significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are issued from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have an exceptional worth and are therefore protected from any work, including the felling.
How do I know if a tree is protected?
To determine whether trees are protected, you will need to verify if it’s under the protection of a TPO or preservation or protection order. This can be accomplished by contacting your municipal authority, and asking them to check their records.
TPO search
If you want to find an TPO, you can contact your local Tree or Woodland Official of the local authority. They can inform you if the tree is protected. They’ll also be able to guide you on the next steps you should take if the tree is in a protected area.
Preservation order search
To search for a preservation permit, you must contact secretary of state for Environment. They will tell you whether the tree is protected and provide you with the information you require and direction.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you work on a tree that is protected without the appropriate permissions, you could face significant fines, and possibly even jail time.
Can I appeal an TPO Or preservation or TPO?
Yes, you can appeal an appeal of a TPO or preservation order if you believe it is unjustified. However, you will need to provide evidence to support your claim and explain your argument as to why it is not necessary to appeal the TPO or the preservation decision isn’t needed.
Can I cut down a tree that is protected tree?
It is unlawful to take down a protected tree without obtaining the required permissions. If you want the tree to be removed it is necessary to request permission and submit the evidence needed to prove your case.
Conclusion
In the end, determining if trees are protected is a crucial step to ensure that tree work is legally completed. By understanding the different types of protection and the best way to identify them to ensure you are acting within the law and protecting the trees that you are responsible for. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking professional advice from an expert in tree care, such as Sydney Eastern Suburbs Tree Lopping. Our experienced arborists will be able to advise you regarding the status of protection of your trees, and will guide you through the steps to make sure you’re complying with the laws. With our knowledge and dedication to provide high-quality tree services we will help you preserve the beauty and value of your trees. Contact us today at 1300 514 819 to schedule a consultation and let us help you ensure that your trees are protected and healthy.