How do you determine if a Tree is Protected Prior to removing it
Trees play a crucial role in our environment by providing shade, fresh air and aesthetic value our surroundings. However, not all trees are alike and some have an additional status of protection, making it illegal to carry out any work without permission. If you’re thinking of having a tree removed it is crucial to be aware of the protection status of the tree you’re considering and the steps you have to follow to be in compliance with the law. This article we’ll help you understand the steps to determine if the tree is secured and the steps you will need take to be sure that you are acting within the law.
What exactly is a tree that is protected?
A protected tree is subject to specific legal controls and it is unlawful to{ carry out|| do} work on a protected tree without the required permissions. There are two types of protection a tree could be protected by - preservation and protection orders that are statutory.
Protection under the law
Under the law trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant value to the public and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are put in place through the secretary of state for the Environment. Trees with preservation orders are considered to be of exceptional value and are shielded from any kind of work, including the felling.
What can I do to determine whether a tree is safe?
To determine if a tree is protected, you will need to determine if the tree is in the process of being subject to a TPO or preservation order. This can be accomplished by contacting your local authority and asking them to check their records.
TPO search
If you want to find the TPO, you can contact an Tree and Woodland officer at the local authority. They will be able to tell you whether the tree is protected. They’ll also be able advise you about the next steps to follow if the tree is protected.
Preservation order search
In order to search for a preservation permit, you’ll need to call the Secretary of State for the Environment. They will tell you whether the tree is protected and give you the necessary information and guidance.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you{ carry out|| do} work on a protected tree without the proper authorizations, you could be subject to significant fines, and possibly even jail time.
Can I appeal a TPO and/or preservation order?
Yes, you are able to appeal to a TPO or preservation order if you believe that it is not justified. You will have to prove your argument and demonstrate why the TPO or order to preserve isn’t necessary.
Can I remove a protected tree?
It is against the law to remove protected trees without the necessary permissions. If you require the tree to be removed it is necessary to request permission and submit evidence to support your case.
Conclusion
To conclude, knowing if the tree is protected is a vital step to ensure that any tree work is legally completed. By understanding the different types of protection, and knowing how to identify them to ensure you’re following the law and protecting the trees you care for. If you’re unsure of the protection status of trees, we suggest seeking advice from an expert in tree care, such as Inner West Tree Removal. Our team of experienced arborists will be able to advise you about the protection status of your trees and guide you through the{ necessary|| required} steps to ensure you are complying with the legal guidelines. With our expertise and commitment to provide high-quality tree services, we can help you keep the beauty and worth for your tree. Call us now at 1300 636 143 to schedule a appointment, and let us help you ensure that your trees are protected and healthy.