A Beginner's guide to Understanding Protected Trees
Trees play an important role in our environment, providing shade, clean air and aesthetic value to our surroundings. However, not all trees are alike and some have additional protection status, making it illegal to do any work without obtaining permission. If you’re thinking of having a tree removed it is essential to know the protection status of the tree in question and the steps you need to take to ensure compliance with the law. This article we will help you understand the process of determining whether a tree is secured and the steps you will need to do to ensure you comply with the law.
What is a protected tree?
A protected tree is one that has been subjected to certain legal restrictions, and it’s illegal to work on such a tree without obtaining the necessary permissions. There are two types of protection that a tree may have - preservation and protection orders that are statutory.
Protection under the law
As a matter of statutory protection trees are protected under law and are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant value to the public and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs , but are set up through the secretary of state for the Environment. Preservation orders for trees are considered to have an exceptional worth and are therefore protected from all work, which includes cutting down.
What can I do to determine when a tree is in danger?
To determine whether trees are protected, you will need to determine if the tree is under the protection of a TPO or preservation order. This can be accomplished by contacting the municipal authority, and asking them to look up their archives.
TPO search
To find a TPO, you can contact an Tree and Woodland officer from your local authority. They will inform you if the tree is protected. They’ll also be able to guide you on 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 for Environment. They will be able to tell you whether the tree is in the protected zone and provide you with the required information and guidelines.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you carry out work on a protected tree without obtaining the necessary permissions, you could face significant fines, and possibly even jail time.
Can I contest a TPO and/or preservation order?
Yes, you are able to appeal to a TPO or preservation order if it is unjustified. However, you will need to provide evidence to support your claim and explain 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 illegal to remove protected trees without the necessary permissions. If you want the tree to be removed then you must apply for permission and provide proof to back your claim.
Conclusion
In the end, determining if the tree is protected is a vital aspect in ensuring that tree work is legally completed. By understanding the different types of protection, and knowing how to identify them, you can ensure that you’re following the law and protecting the trees you care for. If you’re unsure of the status of protection for trees, we suggest consulting an experienced tree expert, such as Western Sydney Tree Lopping. Our arborists are experienced and can advise you about the protection status of your trees, and will guide you through the required steps to make sure you’re following the legal guidelines. With our knowledge and dedication to providing high-quality tree services we will help you preserve the beauty and value that your trees have. Contact us now by phone at 1300 501 785 to schedule a consultation, and let us guide you on how to ensure that your trees are protected and healthy.