How to Determine if a Tree is Protected before removing it
Trees play a crucial part in the environment as they provide shade, clean air and aesthetic value to our surroundings. However, not all trees are alike and some have extra protection status, which makes it illegal to perform any work without permission. If you’re thinking of having a tree removed, it’s essential to understand the status of protection for the tree being considered, and the steps you have to take to ensure compliance with the law. The following article we’ll walk you through the process of discovering whether the tree is secured and the steps you will need take to be sure that you are acting within the law.
What is a protected tree?
A protected tree is subject to specific legal restrictions, and it’s illegal to do work on a protected tree without having the appropriate permissions. There are two kinds of protection that trees could be protected by - preservation orders and protection orders.
Statutory protection
Under the law trees are protected under laws and under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are set up through the secretary of state for the Environment. Trees with preservation orders are considered to have an exceptional value and are shielded from any work, including felling.
What can I do to determine whether a tree is safe?
To determine if the tree is protected, you need to determine if the tree is under the protection of a TPO or preservation orders. This can be accomplished by contacting the local authority and asking them to check for records.
TPO search
If you want to find an TPO, you can contact an Tree or Woodland Official from the local authority. They can inform you if the tree is protected. They will also be able advise you on the next steps you should take if the tree is in a protected area.
Preservation order search
To search for a preservation order you must contact the Secretary of State for the Environment. They will determine whether the tree is protected and provide you with the information you require and direction.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you do work on a tree that is protected without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.
Can I contest an TPO Or preservation or TPO?
Yes, you are able to appeal to a TPO or preservation decision if you feel it is unjustified. However, you will need to prove your case and show that the TPO or preservation order isn’t needed.
Can I cut down a tree that is protected tree?
It is unlawful to take down trees that are protected without the necessary permissions. If you require 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 the tree is protected is an essential step to ensure that any tree work carried out legally. Understanding the different kinds of protection and how to check for them to ensure you’re following the law and protecting the trees in your care. If you are unsure about the status of protection for the tree you are in charge of, we suggest seeking advice from an experienced tree expert such as Local Tree Removal Brisbane. Our arborists are experienced and will be able to inform you about the protection status of your trees and walk you through the steps to ensure you are complying with the laws. With our experience and dedication to providing high-quality tree services We can assist you to maintain the beauty and value that your trees have. Contact us today by calling 1300 257 379 to schedule a consultation, and let us assist you to ensure that your trees are protected and healthy.