How do I determine if a Tree is Protected Before Removing It
Trees play an important role in our environment by providing shade, fresh air and aesthetic value to our surroundings. However they are not all equal and some carry an additional status of protection, making it illegal to perform any activity without authorization. If you’re thinking of having a tree removed it is essential to know the status of protection for the tree you’re considering and the steps you have to take to ensure compliance with the laws. The following article we will walk you through the steps to determine if a tree is secured and the steps you need be doing to make sure you comply with the law.
What exactly is a tree that is protected?
A protected tree is one that has been subjected to certain legal controls and it is unlawful to carry out work on such a tree without having the appropriate permissions. There are two types of protection that trees may have - statutory protection and preservation orders.
Legal protection
In the context of legal protection trees are protected under law and are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees of significant public value and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are issued by the Secretary of State for the Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from any kind of work, including felling.
How do I know if a tree is protected?
To determine if the tree is protected, you must to check if it is in the process of being subject to the protection of a TPO or preservation or protection order. This can be done by contacting the local authority and asking them to check their records.
TPO search
If you want to find an TPO You can reach the Tree or Woodland Official of the local authority. They will be able to tell you whether 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 order you must contact the Secretary of State for the Environment. They can tell you whether the tree is in the protected zone and will provide the required information and guidelines.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you carry out work on a tree that is protected without the proper permits, you could be facing significant fines, and possibly even jail time.
Can I contest to a TPO or preservation order?
Yes, you are able to appeal a TPO or preservation order if you believe it’s not justifiable. However, you will need be able to present evidence to back your claim and explain why you believe that the TPO or preservation order is not necessary.
Can I remove a protected tree?
It is against the law to remove a protected tree without obtaining the necessary permissions. If you need removal of the tree it is necessary to request permission and submit evidence to support your case.
Conclusion
In conclusion, discovering whether trees are protected is a vital step in ensuring that any tree work carried out legally. If you know the various types of protection, and knowing how to check for them to ensure you’re following the law and are protecting the trees that you are responsible for. If you are unsure about the nature of the protection of a tree, we recommend seeking advice from an experienced tree expert such as Tree Cutting Brisbane. Our arborists are experienced and will be able to inform you on the protection status of your trees and walk you through the required steps to make sure you’re following the law. With our knowledge and dedication to providing high-quality tree services, we can help you preserve the beauty and value for your tree. Contact us today at 1300 725 489 to schedule a consultation, and let us assist you to keep your trees safe and healthy.