A Beginner's Guide to Understanding Protected Trees
Trees play an essential role in our environment by providing shade, fresh air, and aesthetic value to our surroundings. However, not all trees are identical and some are granted an additional status of protection, making it illegal to do any work without obtaining permission. If you’re thinking of having a tree removed, it’s essential to understand the status of protection for the tree in question and the steps you need to take to comply with the law. The following article we will help you understand the steps to determine if trees are protected and what you need 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 legal restrictions, and it’s illegal to carry out work on such a tree without having the appropriate permissions. There are two kinds of protection that a tree could be protected by - preservation orders and protection orders.
Statutory protection
Under the law trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees with a significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are put in place through the secretary of state for the Environment. Trees with preservation orders are considered to have an exceptional value and are shielded from any kind of work, including the felling.
How can I tell when a tree is in danger?
To determine if the tree is protected, you need to determine if the tree is under an TPO or preservation or protection order. This can be accomplished by contacting the local authority and asking them to search for records.
TPO search
If you want to find the TPO, you can contact your local Tree and Woodland officer at your local authority, who can inform you whether the tree is in the protection. They’ll also be able to advise you about the next steps to take if the tree is in a protected area.
Preservation order search
In order to search for a preservation order, you will need to contact secretary of state for Environment. They will inform you if the tree is protected and provide you with 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 tree that is protected without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.
Can I contest a TPO and/or preservation order?
Yes, you can appeal a TPO or preservation or TPO if you feel it is unjustified. You will have to prove your case and show your argument as to why you believe that the TPO or order to preserve isn’t necessary.
Can I take down a protected tree?
It is against the law to remove a protected tree without obtaining the necessary permissions. If you need the tree to be removed, you will need to seek permission from the council and provide evidence to support your case.
Conclusion
To conclude, knowing if the tree is protected is an essential step in ensuring that tree work is carried out legally. Understanding the different kinds of protection and the best way to check for them, you can ensure that you are acting within the law and protecting the trees in your care. If you’re unsure of the nature of the protection of a tree, we recommend seeking advice from an experienced tree expert like Brisbane Tree Removal Service. Our team of experienced arborists can advise you regarding the status of protection of your trees and guide you through the required steps to ensure that you are complying with the law. With our knowledge and dedication to provide high-quality tree services we will help you keep the beauty and value for your tree. Call us now at 0480 099 748 to schedule a appointment, and let us assist you to keep your trees safe and healthy.
