What is the definition of a tree that should be protected and How to Find Out
Trees play a crucial contribution to our ecosystem by providing shade, fresh air and aesthetic value to our surroundings. However they are not all alike and some have additional protection status, making it illegal to perform any work without permission. If you are considering having a tree removed it is essential to know the protection status of the tree you’re considering, and the steps you have to take to ensure compliance with the law. In this article, we will walk you through the process of determining whether trees are safe and exactly what steps you have to do to ensure you are following the law.
What exactly is a tree that is protected?
A protected tree is subject to specific laws and regulations It is illegal to carry out work on a protected tree without having the appropriate permissions. There are two types of protection that trees may have - preservation orders and protection orders.
Legal protection
Under the law, trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant value to the public and ensure 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. Preservation orders for trees are considered to have 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 trees are protected, you need to verify if it’s in the process of being subject to the protection of a TPO or preservation order. This can be accomplished by contacting the local authority and asking them to search their records.
TPO search
To search for an TPO to locate one, contact your local Tree and Woodland officer at the local authority. They can inform you whether the tree is in the protection. 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 permit, you’ll need to call Secretary of State, Department of the Environment. They will inform you whether the tree is in the protected zone and will provide the required information and guidelines.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you carry out work on a tree that is protected without the proper permissions, you could face significant fines, and possibly even jail time.
Can I contest an TPO and/or preservation order?
You can appeal to a TPO or preservation or TPO if you feel that it is not justified. But, you’ll need to provide evidence to support your case and show that the TPO or the preservation decision is not necessary.
Can I cut down a tree that is protected tree?
It is unlawful to take down a protected tree without obtaining permission from the appropriate authorities. If you want the tree to be removed, you will need to seek permission from the council and provide proof to back your claim.
Conclusion
In the end, determining if a tree is protected is a vital step in ensuring that any tree work carried out legally. Understanding the different kinds of protection and how to check for them, you can ensure that you’re following the law and protecting the trees you care for. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking professional advice from an experienced tree expert such as Brisbane Tree Removal Experts. Our team of experienced arborists will be able to advise you on the protection status of your trees and guide you through the steps to ensure that you are complying with the laws. With our knowledge and dedication to provide high-quality tree services We can assist you to preserve the beauty and worth of your trees. Contact us now at 0485 882 829 to schedule a consultation and let us guide you on how to keep your trees protected and healthy.
