The Protection of Trees: A Step-by-Step Guide to Understanding the Status of Protected Status
Trees play an important part in the environment by providing shade, fresh air, and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry additional protection status, making it illegal to do any activity without authorization. If you’re thinking of having a tree removed it is essential to know the status of protection for the tree being considered, and the steps you need to take to comply with the laws. The following article we’ll guide you through the process of determining whether a tree is safe and exactly what steps you will need be doing to make sure that you are acting within the law.
What is a protected tree?
A protected tree is one that has been subjected to certain laws and regulations and it is unlawful to carry out works on a tree without having the appropriate permissions. There are two types of protection a tree might have: preservation and protection orders that are statutory.
Legal protection
In the context of statutory protection trees are protected under laws and subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees with a significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are put in place from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are shielded from any kind of work, including felling.
How can I tell if a tree is protected?
To determine if a tree is protected, you will need to determine if the tree is under a TPO or preservation order. This can be done by contacting your local authority and asking them to search their archives.
TPO search
To search for a TPO, you can contact an Tree and Woodland Officer from your local authority. They can inform you whether 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
If you are looking for a preservation order, you must contact Secretary of State, Department of the Environment. They will tell you whether the tree is in the protected zone and will provide the information you require and direction.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you do work on a tree that is protected without the appropriate permissions, you could face massive fines or even prison.
Can I appeal to a TPO and/or preservation order?
You can appeal an appeal of a TPO or preservation order if it’s not justifiable. However, you will need to provide evidence to support your argument and demonstrate that the TPO or the preservation decision isn’t necessary.
Can I cut down a tree that is protected tree?
It is against the law to remove protected trees without permission from the appropriate authorities. If you require removal of the tree, you will need to request permission and submit proof to back your claim.
Conclusion
To conclude, knowing if a tree is protected is a vital step to ensure that any tree work is carried out legally. Understanding the different kinds of protection, and knowing how to determine if they are protected, you can ensure that you’re in compliance with the law and safeguarding the trees in your care. 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 expert in tree care like Penrith Tree Removal. Our arborists are experienced and will be able to advise you about the protection status of your trees and guide you through the steps to ensure that you are acting within the law. With our expertise and commitment to provide high-quality tree services, we can help you preserve the beauty and value for your tree. Contact us today at 0480 024 203 to schedule a appointment, and let us help you keep your trees safe and healthy.