What makes a tree protected and How Do I Find Out
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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 an additional status of protection, making it illegal to carry out any activity without authorization. If you’re considering having a tree removed, it’s essential to understand the status of protection for the tree in question, and what steps you’ll need to take to ensure compliance with the law. In this article, we’ll walk you through the process of determining whether a tree is secured and the steps you need take to be sure you are following the law.
What is a protected tree?
A protected tree can be subject to specific legal controls and it is unlawful to work on a protected tree without having the appropriate permissions. There are two types of protection a tree could be protected by - preservation and protection orders that are statutory.
Legal protection
Under legal protection trees are protected under laws and in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees with a significant public value and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are put in place through the secretary of state for the Environment. The trees that are protected by preservation orders are considered to be of exceptional value and are shielded from all work, which includes felling.
How can I tell if a tree is protected?
To determine whether a tree is protected, you need to verify if it’s subject to an TPO or preservation order. It is done by contacting the authorities in your area and asking them check their archives.
TPO search
To search for a TPO, you can contact an Tree or Woodland Official at your local authority, who will inform you whether the tree is in the protection. They’ll also be able to guide you on the next steps you should do if your tree is in a protected area.
Preservation order search
If you are looking for a preservation permit, you’ll need to call secretary of state for Environment. They will be able to inform 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 work on a protected tree without the proper permits, you could be facing massive fines or even prison.
Can I appeal an TPO or preservation order?
You can appeal to a TPO or preservation order if you feel that it is not justified. But, you’ll need be able to present evidence to back 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 a protected tree without obtaining the necessary permissions. If you want the tree to be removed, you will need to apply for permission and provide the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether a tree is protected is a vital aspect in ensuring that any tree work legally completed. Understanding the different kinds of protection and the best way to identify them it is possible to be sure that you’re in compliance with the law and protecting the trees you care for. If you are unsure about the nature of the protection of trees, we suggest seeking advice from an experienced tree expert, such as Penrith Tree Services. Our team of experienced arborists will be able to inform you regarding the status of protection of your trees and walk you through the required steps to ensure that you are acting within the law. With our expertise and commitment to providing high-quality tree services we will help you maintain the beauty and value that your trees have. Contact us now at 0480 024 203 to schedule a consultation, and let us help you ensure that your trees are protected and healthy.