A Beginning's Guide to Understanding Protected Trees

Posted by Penrith Tree Removal on 30 Jan 2025

Trees play an essential part in the environment, providing shade, clean air and aesthetic value our surroundings. However, not all trees are identical and some are granted additional protection status, making it illegal to do any work without obtaining permission. If you’re considering having a tree removed, it’s essential to understand the protection status of the tree in question, and the steps you have to follow to be in compliance with the legal requirements. The following article we’ll guide you through the process of determining whether trees are safe and exactly what steps you will need take to be sure you are following the law.

What exactly is a tree that is protected?

A protected tree is one that is subject to specific legal restrictions and it is unlawful to work on a protected tree without obtaining the necessary permissions. There are two types of protection that trees could be protected by - statutory protection and preservation orders.

Under legal protection trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard 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 put in place from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional value and are shielded from any kind of work, including the felling.

What can I do to determine if a tree is protected?

To determine whether the tree is protected, you will need to check if it is subject to the protection of a TPO or preservation orders. It is done by contacting your municipal authority, and asking them to search for records.

To search for a TPO, you can contact your local Tree or Woodland Official of your local authority, who can inform you whether the tree is in the protection. They will also be able to advise you on the next steps you should do if your tree is in a protected area.

In order to search for a preservation order you must contact the Secretary of State for the Environment. They can inform you if the tree is protected and give you the information you require and direction.

FAQs:

What happens if I conduct work on a tree that is protected without permission?

If you carry out work on a protected tree without the appropriate permits, you could be facing massive fines or even prison.

Can I appeal an TPO or preservation order?

You can appeal to a TPO or preservation order if it is unjustified. You will have to prove your claim and explain why you believe that the TPO or preservation order is not necessary.

Can I take down a protected tree?

It is illegal to remove a protected tree without obtaining the necessary permissions. If you require removal of the tree, you will need to seek permission from the council and provide proof to back your claim.

Conclusion

To conclude, knowing if the tree is protected is an essential step to ensure that tree work is carried out legally. Understanding the different kinds of protection, and knowing how to determine if they are protected to ensure you’re following the law and safeguarding the trees you care for. If you’re not sure about the status of protection for the tree you are in charge of, we suggest consulting an expert in tree care, such as Penrith Tree Removal. Our arborists are experienced and will be able to inform you regarding the status of protection of your trees, and will guide you through the steps to make sure you’re following the laws. With our expertise and commitment to provide high-quality tree services we will help you maintain the beauty and value for your tree. Contact us now by calling 0480 024 203 to schedule a appointment, and let us help you keep your trees protected and healthy.

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