Avoiding Tree Removal Errors What to do to determine whether a Tree is protected
Trees play a crucial part in the environment by providing shade, fresh 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 permission. If you’re thinking of having a tree removed, it’s essential to understand the protection status of the tree in question, and what steps you’ll need to follow to be in compliance with the law. This article we’ll walk you through the steps to determine if trees are protected and what you need take to be sure that you are acting within the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific 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 that a tree may have - preservation orders and protection orders.
Legal protection
In the context of the law, trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of 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. Trees with preservation orders are considered to have exceptional value and are protected from all work, which includes the felling.
How do I know if a tree is protected?
To determine if trees are protected, you will need to check if it is in the process of being subject to a TPO or preservation order. It is done by contacting your municipal authority, and asking them to check their records.
TPO search
To search for the TPO to locate one, contact the Tree or Woodland Official at your local authority, who 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 you should take if the tree is in a protected area.
Preservation order search
In order to search for a preservation permit, you must contact the Secretary of State for the Environment. They will be able to determine whether the tree is in the protected zone and will provide the information you require and direction.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you do work on a tree that is protected without the proper authorizations, you could be subject to significant fines, and possibly even jail time.
Can I appeal an TPO Or preservation or TPO?
You can appeal a TPO or preservation order if you feel that it is not justified. However, you will need be able to present evidence to back your argument and demonstrate that it is not necessary to appeal the TPO or the preservation decision isn’t needed.
Can I cut down a tree that is protected tree?
It is against the law to remove protected trees without the necessary permissions. If you need removal of the tree it is necessary to request permission and submit the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether the tree is protected is a vital step to ensure that any tree work is carried out legally. By understanding the different types of protection and how to identify them it is possible to be sure that you are acting within the law and protecting the trees you care for. If you’re unsure of the protection status of trees, we suggest consulting an experienced tree expert, such as Brisbane Tree Removal Service. Our arborists are experienced and will be able to advise you regarding the status of protection of your trees, and will guide you through the necessary steps to ensure that you are complying with the legal guidelines. With our expertise and commitment to providing top-quality tree care We can assist you to maintain the beauty and value of your trees. Contact us today by phone at 0480 099 748 to schedule a consultation, and let us help you ensure that your trees are protected and healthy.