How to Determine if a Tree is Protected before removing it
Trees play an essential contribution to our ecosystem by providing shade, fresh air and aesthetic value our surroundings. However, not all trees are equal and some carry additional protection status, making it illegal to carry out any activity without authorization. If you are considering having a tree removed, it’s essential to understand the protection status of the tree in question and the steps you have to take to comply with the law. In this article, we’ll help you understand the process of discovering whether a tree is safe and exactly what steps you have be doing to make sure you are following the law.
What exactly is a tree that is protected?
A protected tree is subject to specific laws and regulations and it is unlawful to work on such a tree without the required permissions. There are two kinds of protection that trees could be protected by - preservation orders and protection orders.
Protection under the law
As a matter of statutory protection trees are protected under law and are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are put in place through the secretary of state for the Environment. Trees with preservation orders are considered to have exceptional value and are protected from all work, which includes felling.
What can I do to determine whether a tree is safe?
To determine whether a tree is protected, you need to check if it is subject to an TPO or preservation or protection order. This can be accomplished by contacting the local authority and asking them to search their archives.
TPO search
If you want to find a TPO You can reach an Tree and Woodland Officer of the local authority. They will be able to tell you whether the tree is protected. They’ll also be able advise you about the next steps to do if your tree is protected.
Preservation order search
To search for a preservation order, you’ll need to call Secretary of State, Department of the Environment. They can determine if the tree is protected and give you the necessary information and guidance.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you carry out work on a protected tree without obtaining the necessary permissions, you could face substantial fines and even imprisonment.
Can I contest a TPO or preservation order?
Yes, you can appeal an appeal of a TPO or preservation decision if you believe that it is not justified. However, you will need be able to present evidence to back your claim and explain why you believe that the TPO or the preservation decision is not necessary.
Can I remove a protected tree?
It is unlawful to take down protected trees without permission from the appropriate authorities. If you require removal of the tree it is necessary to request permission and submit evidence to support your case.
Conclusion
To conclude, knowing if a tree is protected is a crucial step in ensuring that any tree work is legally completed. If you know the various types of protection, and knowing how to check for them to ensure you’re following the law and safeguarding the trees that you are responsible for. If you’re not sure about the status of protection for the tree you are in charge of, we suggest consulting a reputable tree specialist, such as Brisbane Tree Removal Experts. Our team of experienced arborists can advise you regarding the status of protection of your trees and guide you through the necessary steps to ensure you are acting within the law. With our experience and dedication to provide high-quality tree services we will help you maintain the beauty and worth of your trees. Contact us today by phone at 0485 882 829 to schedule a consultation and let us assist you to keep your trees protected and healthy.
