What makes a tree protected and How to Find Out
Trees play an important role in our environment, providing shade, clean air and aesthetic value to our surroundings. However they are not all alike and some have extra protection status, which makes it illegal to perform any work without permission. If you’re considering having a tree removed, it’s essential to understand the status of protection for the tree you’re considering, and what steps you’ll need to follow to be in compliance with the legal requirements. This article we will guide you through the process of discovering whether trees are safe and exactly what steps you have to do to ensure you are acting within the law.
What exactly is a tree that is protected?
A protected tree is subject to specific laws and regulations and it is unlawful to works on a tree without obtaining the necessary permissions. There are two kinds of protection a tree could be protected by - preservation and protection orders that are statutory.
Legal protection
In the context of the law trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant public value and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are set up by the Secretary of State for the Environment. Preservation orders for trees are considered to be of exceptional value and are shielded from any kind of work, including cutting down.
How do I know when a tree is in danger?
To determine if a tree is protected, you need to verify if it’s under an TPO or preservation order. It is done by contacting your authorities in your area and asking them look up their records.
TPO search
To find an TPO to locate one, contact your local Tree and Woodland Officer of the local authority. They can inform you if the tree is protected. They’ll also be able to guide you about the next steps to follow 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 if the tree is protected and give you the necessary information and guidance.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you carry out work on a protected tree without obtaining the necessary permits, you could be facing significant fines, and possibly even jail time.
Can I appeal a TPO or preservation order?
Yes, you are able to appeal a TPO or preservation decision if you feel that it is not justified. However, you will need be able to present evidence to back your case and show that it is not necessary to appeal the TPO or order to preserve isn’t necessary.
Can I cut down a tree that is protected tree?
It is against the law to remove a protected tree without obtaining the required permissions. If you require removal of the tree, you will need to apply for permission and provide proof to back your claim.
Conclusion
In conclusion, discovering whether the tree is protected is a vital step in ensuring that any tree work carried out legally. Understanding the different kinds of protection and the best way to determine if they are protected it is possible to be sure that you’re in compliance with the law and are protecting 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 consulting an expert in tree care, such as Penrith Tree Pruning. Our team of experienced arborists will be able to inform you about the protection status of your trees and walk you through the steps to ensure that you are acting within the legal guidelines. With our knowledge and dedication to provide high-quality tree services We can assist you to keep the beauty and worth of your trees. Contact us now at 0480 024 203 to schedule a appointment, and let us help you keep your trees protected and healthy.