The Protection of Trees: A Step-by-Step Guide for Understanding Protected Status
Trees play an essential role in our environment as they provide shade, clean air and aesthetic value to our surroundings. However they are not all alike and some have an additional status of protection, making it illegal to carry out any work without permission. If you’re thinking of having a tree removed it is crucial to be aware of the status of protection for the tree in question and what steps you’ll need to take to comply with the laws. In this article, we will help you understand the steps to determine if the tree is protected and what you have to do to ensure that you are following the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific legal controls, and it’s illegal to do works on a tree without obtaining the necessary permissions. There are two types of protection that a tree may have - preservation and protection orders that are statutory.
Statutory protection
In the context of legal protection trees are protected under law and are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees with a significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are issued through the secretary of state for the Environment. Preservation orders for trees are considered to have an exceptional value and are protected from all work, which includes cutting down.
What can I do to determine whether a tree is safe?
To determine whether trees are protected, you will need to determine if the tree is under the protection of a TPO or preservation orders. This can be done by contacting the local authority and asking them to check for records.
TPO search
If you want to find a TPO You can reach the Tree and Woodland officer from your local authority. They will be able to tell you whether the tree is in the protection. They will also be able to advise you on the next steps to follow if the tree is protected.
Preservation order search
If you are looking for a preservation permit, you’ll need to call secretary of state for Environment. They can tell you whether the tree is in the protected zone and provide you with the necessary information and guidance.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you carry out work on a protected tree without obtaining the necessary permissions, you could face significant fines, and possibly even jail time.
Can I contest a TPO Or preservation or TPO?
Yes, you can appeal an appeal of a TPO or preservation order if it is unjustified. You will have to provide evidence to support your claim and explain your argument as to why the TPO or preservation order isn’t necessary.
Can I take down a protected tree?
It is unlawful to take down a protected tree without obtaining permission from the appropriate authorities. If you want the tree to be removed, you will need to request permission and submit the evidence needed to prove your case.
Conclusion
In the end, determining if the tree is protected is a vital step in ensuring that any tree work is legally completed. By understanding the different types of protection and the best way to determine if they are protected, you can ensure that you’re following the law and protecting the trees you care for. If you’re not sure about the protection status of trees, we suggest seeking professional advice from an experienced tree expert such as Penrith Tree Removal. Our team of experienced arborists will be able to inform you about the protection status of your trees and guide you through the required steps to ensure that you are acting within the laws. With our experience and dedication to providing top-quality tree care we will help you maintain the beauty and value that your trees have. Contact us today at 0480 024 203 to schedule a consultation, and let us assist you to ensure that your trees are protected and healthy.