A Beginner's guide to Understanding Protected Trees
Trees play an important contribution to our ecosystem, providing shade, clean air and aesthetic value to our surroundings. However they are not all alike and some have extra protection status, which makes it illegal to carry out any work without obtaining permission. If you’re thinking of having a tree removed, it’s essential to understand the status of protection for the tree you’re considering, and what steps you’ll need to take to comply with the laws. The following article we will walk you through the process of determining whether the tree is protected and what you will need take to be sure you comply with the law.
What exactly is a tree that is protected?
A protected tree is subject to specific laws and regulations and it is unlawful 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.
Protection under the law
In the context of statutory protection trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant public value and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are issued by 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 cutting down.
What can I do to determine if a tree is protected?
To determine whether trees are protected, you need to check if it is subject to the protection of a TPO or preservation order. This can be done by contacting the municipal authority, and asking them to check their records.
TPO search
To search for an TPO, you can contact your local Tree and Woodland Officer at your local authority. They will be able to tell you whether the tree is protected. They’ll also be able to advise you on the next steps to 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 be able to determine if the tree is protected and provide you with the required information and guidelines.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you work on a protected tree without the proper authorizations, you could be subject to significant fines, and possibly even jail time.
Can I contest to a TPO and/or preservation order?
You can appeal to a TPO or preservation order if it’s not justifiable. However, you will need to prove your case and show why the TPO or the preservation decision isn’t needed.
Can I cut down a tree that is protected tree?
It is unlawful to take down protected trees without the required permissions. If you want the tree to be removed it is necessary to request permission and submit the evidence needed to prove your case.
Conclusion
In the end, determining if a tree is protected is a crucial aspect in ensuring that tree work is carried out legally. By understanding the different types of protection, and knowing how to check for them it is possible to be sure that you’re following the law and are protecting the trees in your care. If you’re not sure about the status of protection for a tree, we recommend seeking professional advice from an experienced tree expert such as Penrith Tree Lopping. Our experienced arborists can advise you about the protection status of your trees and walk you through the required steps to ensure that you are complying with the legal guidelines. 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 now by phone at 0480 024 203 to schedule a consultation and let us help you ensure that your trees are protected and healthy.