How do I determine the extent of protection a tree has before removing it
Trees play an essential role in our environment as they provide shade, clean air and aesthetic value to our surroundings. However, not all trees are equal and some carry additional protection status, making it illegal to do any activity without authorization. If you are considering having a tree removed it is essential to know the status of protection for the tree being considered, and what steps you’ll need to take to ensure compliance with the law. The following article we’ll guide you through 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 is a protected tree?
A protected tree is one that is subject to specific legal controls, and it’s illegal to carry out work on such a tree without obtaining the necessary permissions. There are two kinds of protection that trees could be protected by - statutory protection and preservation orders.
Legal protection
Under the law trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees of significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are issued through the secretary of state for the Environment. Preservation orders for trees are considered to have an exceptional value and are shielded from any work, including felling.
How do I know whether a tree is safe?
To determine whether trees are protected, you must to determine if the tree is in the process of being subject to an TPO or preservation or protection order. This can be accomplished by contacting your local authority and asking them to check for records.
TPO search
To find a TPO to locate one, contact the Tree and Woodland Officer at the local authority. They will inform you if the tree is protected. They will also be able to guide you about the next steps to do if your tree is in a protected area.
Preservation order search
In order to search for a preservation permit, you must contact secretary of state for Environment. They will inform you whether the tree is in the protected zone and provide you with the required information and guidelines.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you carry out work on a tree that is protected without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.
Can I appeal an TPO or preservation order?
Yes, you are able to appeal a TPO or preservation decision if you feel that it is not justified. You will have to prove your claim and explain why it is not necessary to appeal the TPO or preservation order isn’t necessary.
Can I cut down a tree that is protected tree?
It is illegal to remove protected trees without the required permissions. If you need the tree to be removed then you must seek permission from the council and provide proof to back your claim.
Conclusion
In conclusion, discovering whether the tree is protected is a vital step to ensure that any tree work carried out legally. If you know the various types of protection, and knowing how to determine if they are protected it is possible to be sure that you are acting within the law and protecting the trees that you are responsible for. If you are unsure about the status of protection for trees, we suggest consulting an expert in tree care like Sydney Eastern Suburbs Tree Removal. Our arborists are experienced and will be able to advise you about the protection status of your trees and walk you through the required steps to ensure that you are complying with the law. With our knowledge and dedication to providing high-quality tree services, we can help you maintain the beauty and value for your tree. Contact us today by phone at 1300 526 708 to schedule a consultation, and let us help you keep your trees safe and healthy.