The Repercussions of removing the Tree that is Protected and How to Avoid them
Trees play an essential role in our environment by providing shade, fresh air and aesthetic value to our surroundings. However there are a few trees that aren’t 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 status of protection for the tree in question, and the steps you need to take to ensure compliance with the legal requirements. This article we’ll help you understand the process of determining whether the tree is secured and the steps you need take to be sure that you are acting within the law.
What is a protected tree?
A protected tree can be subject to specific laws and regulations and it is unlawful to work on such a tree without having the appropriate permissions. There are two kinds of protection that trees may have - preservation and protection orders that are statutory.
Protection under the law
Under legal protection trees are protected under law and are in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are issued by the Secretary of State for the Environment. Trees with preservation orders are considered to have exceptional worth and are therefore 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 determine if the tree is subject to the protection of a TPO or preservation or protection order. It is done by contacting the municipal authority, and asking them to check for records.
TPO search
To search for the TPO to locate one, contact your local Tree or Woodland Official of your local authority. They will inform you if the tree is protected. They’ll also be able to advise you on the next steps you should take if the tree is in a protected area.
Preservation order search
In order to search for a preservation order you will need to 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 happens if I conduct work on a tree that is protected without permission?
If you carry out work on a tree that is protected without the proper authorizations, you could be subject to massive fines or even prison.
Can I appeal a TPO and/or preservation order?
Yes, you are able to appeal to a TPO or preservation decision if it is unjustified. You will have to prove your case and show your argument as to why the TPO or order to preserve isn’t necessary.
Can I take down a protected tree?
It is against the law to remove trees that are protected without the required permissions. If you need the tree to be removed, you will need to apply for permission and provide proof to back your claim.
Conclusion
To conclude, knowing if the tree is protected is a crucial step in ensuring that any tree work carried out legally. By understanding the different types of protection and the best way to identify them, you can ensure that you’re in compliance with the law and are protecting the trees in your care. If you’re not sure about the status of protection for trees, we suggest seeking professional advice from an experienced tree expert, such as Penrith Tree Pruning. Our experienced arborists will be able to advise you about the protection status of your trees, and will guide you through the necessary steps to ensure you are following the laws. With our experience and dedication to provide high-quality tree services We can assist you to preserve the beauty and worth for your tree. Call us now at 0480 024 203 to schedule a consultation, and let us assist you to ensure that your trees are protected and healthy.