The Protection of Trees: A Step-by-Step Guide for Understanding Protected Status
Trees play an important role in our environment by providing shade, fresh air and aesthetic value to our surroundings. However they are not all alike and some have additional protection status, making it illegal to do any activity without authorization. If you’re thinking of having a tree removed it is crucial to be aware of the status of protection for the tree you’re considering, and the steps you have to follow to be in compliance with the legal requirements. In this article, we’ll guide you through the process of discovering whether trees are safe and exactly what steps you will need to do to ensure you are following the law.
What is a protected tree?
A protected tree can be subject to specific legal restrictions and it is unlawful to carry out works on a tree without having the appropriate permissions. There are two kinds of protection that a tree may have - statutory protection and preservation orders.
Protection under the law
In the context of statutory protection trees are protected under law and are under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect 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 set up through the secretary of state for the Environment. The trees that are protected by preservation orders are considered to be of exceptional worth and are therefore protected from all work, which includes the felling.
What can I do to determine whether a tree is safe?
To determine if the tree is protected, you will need to verify if it’s under an TPO or preservation or protection order. It is done by contacting your local authority and asking them to look up their archives.
TPO search
If you want to find an TPO to locate one, contact an Tree or Woodland Official of your local authority. They can inform you whether the tree is in the protection. They’ll also be able to guide you on the next steps to follow if the tree is in a protected area.
Preservation order search
If you are looking for a preservation order you will need to contact Secretary of State, Department of the Environment. They can inform you whether the tree is protected and will provide the necessary information and guidance.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you do work on a protected tree without obtaining the necessary permits, you could be facing significant fines, and possibly even jail time.
Can I contest to a TPO and/or preservation order?
Yes, you can appeal to a TPO or preservation decision if you feel that it is not justified. But, you’ll need to provide evidence to support your case and show that you believe that the TPO or preservation order is not necessary.
Can I cut down a tree that is 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 it is necessary to apply for permission and provide evidence to support your case.
Conclusion
In the end, determining if trees are protected is a vital step in ensuring that any tree work is legally completed. Understanding the different kinds of protection and the best way to check for them it is possible to be sure that you are acting within the law and safeguarding 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 consulting an expert in tree care, such as Penrith Tree Pruning. Our team of experienced arborists can advise you regarding the status of protection of your trees and walk you through the required steps to make sure you’re acting within the law. With our experience and dedication to providing top-quality tree care, we can help you keep the beauty and worth that your trees have. 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.