The Consequences of Removing the Tree that is Protected and How to Avoid Them
Trees play an essential contribution to our ecosystem, providing shade, clean air and aesthetic value to our surroundings. However, not all trees are alike and some have an additional status of protection, making it illegal to do any activity without authorization. If you are 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 take to ensure compliance with the law. The following article we will guide you through the process of discovering whether a tree is protected and what you need take to be sure you are acting within the law.
What is a protected tree?
A protected tree is subject to specific legal restrictions, and it’s illegal to{ carry out|| do} work on such 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 legal protection trees are protected under the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees of significant value to the public and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are set up by the Secretary of State for the Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from all work, which includes cutting down.
How do I know if a tree is protected?
To determine whether a tree is protected, you need to check if it is in the process of being subject to the protection of a TPO or preservation order. This can be done by contacting the authorities in your area and asking them look up for records.
TPO search
If you want to find the TPO, you can contact your local Tree and Woodland officer of your local authority. They will be able to tell you if the tree is protected. They will also be able to guide you about the next steps to take if the tree is in a protected area.
Preservation order search
If you are looking for a preservation permit, you will need to contact Secretary of State, Department of the Environment. They will be able to 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 protected tree without permission?
If you{ carry out|| do} work on a protected tree without the proper authorizations, you could be subject to substantial fines and even imprisonment.
Can I appeal a TPO and/or preservation order?
Yes, you are able to appeal to a TPO or preservation decision if it is unjustified. You will have to prove your claim and explain your argument as to why you believe that the TPO or the preservation decision isn’t needed.
Can I take down a protected tree?
It is against the law to remove a protected tree without obtaining the required permissions. If you need the tree to be removed, you will need to request permission and submit proof to back your claim.
Conclusion
In conclusion, discovering whether the tree is protected is a crucial aspect in ensuring that any tree work carried out legally. By understanding the different types of protection, and knowing how to check for them to ensure 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 trees, we suggest seeking advice from a reputable tree specialist like Penrith Tree Removal. Our team of experienced arborists can advise you regarding the status of protection of your trees and walk you through the{ necessary|| required} steps to ensure that you are acting within the legal guidelines. With our knowledge and dedication to providing high-quality tree services We can assist you to keep the beauty and value that your trees have. Call us now by calling 0480 024 203 to schedule a consultation and let us assist you to keep your trees safe and healthy.