The importance of Proper Tree Identification: How Do You Know if a Tree is Protected

Posted by Penrith Tree Lopping on 22 Aug 2024

Trees play an important role in our environment by providing shade, fresh air, and aesthetic value to our surroundings. However they are not all 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 is essential to know the status of protection for the tree you’re considering, and the steps you need to take to comply with the legal requirements. The following article we will walk you through the process of discovering whether trees are protected and what you will need to do to ensure that you are following 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 a protected tree without having the appropriate permissions. There are two types of protection a tree may have - statutory protection and preservation orders.

Protection under the law

In the context of statutory protection trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant public value and ensure they are not damaged or destroyed.

Preservation orders

Preservation orders are like TPOs in that they are set up 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.

How can I tell whether a tree is safe?

To determine whether the tree is protected, you must to verify if it’s in the process of being subject to an TPO or preservation orders. It is done by contacting the authorities in your area and asking them check their archives.

If you want to find a TPO to locate one, contact an Tree and Woodland Officer of your local authority. They will be able to tell you whether the tree is protected. They’ll also be able to guide you about the next steps to follow if the tree is in a protected area.

If you are looking for a preservation order you will need to contact secretary of state for Environment. They can determine whether the tree is protected and will provide the required information and guidelines.

FAQs:

What is the consequence if I do work on a tree that is protected without permission?

If you work on a protected tree without the proper authorizations, you could be subject to substantial fines and even imprisonment.

Can I contest to a TPO or preservation order?

You can appeal an appeal of a TPO or preservation order if it is unjustified. But, you’ll need be able to present evidence to back your claim and explain why the TPO or the preservation decision isn’t necessary.

Can I take down a protected tree?

It is unlawful to take down protected trees without the required permissions. If you want removal of the tree it is necessary to apply for permission and provide evidence to support your case.

Conclusion

In the end, determining if a tree is protected is a crucial step to ensure that any tree work legally completed. Understanding the different kinds of protection and the best way to check for them to ensure you’re in compliance with the law and safeguarding the trees you care for. If you’re unsure of the protection status of the tree you are in charge of, we suggest seeking professional advice from an experienced tree expert such as Penrith Tree Lopping. Our arborists are experienced and will be able to advise you on the protection status of your trees, and will guide you through the required steps to ensure that you are following the legal guidelines. With our experience and dedication to providing top-quality tree care We can assist you to preserve the beauty and value of your trees. Contact us today by phone at 0480 024 203 to schedule a consultation and let us help you ensure that your trees are protected and healthy.

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