The Consequences of Removing a Protected Tree and How to Avoid These

Trees play a crucial part in the environment by providing shade, fresh air, and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have additional protection status, making it illegal to do any work without obtaining permission. If you’re thinking of having a tree removed it is essential to know the protection status of the tree in question and what steps you’ll need to take to ensure compliance with the law. This article we’ll help you understand the steps to determine if the tree is safe and exactly what steps you will need be doing to make sure that you comply with the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific laws and regulations and it is unlawful to do work on a protected tree without the required permissions. There are two kinds of protection a tree may have - statutory protection and preservation orders.
Statutory protection
Under legal protection trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees of significant value to the public and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs , but are set up through the secretary of state for the Environment. Trees with preservation orders are considered to have exceptional value and are protected from all work, which includes the felling.
How do I know whether a tree is safe?
To determine whether a tree is protected, you must to verify if it’s under a TPO or preservation orders. This can be done by contacting your local authority and asking them to search for records.
TPO search
If you want to find an TPO to locate one, contact your local Tree and Woodland officer from your local authority, who will be able to tell you if the tree is protected. They’ll also be able to guide 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’ll need to call Secretary of State, Department of the Environment. They will determine whether the tree is in the protected zone and give you the information you require and direction.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you work on a protected tree without the appropriate permits, you could be facing substantial fines and even imprisonment.
Can I appeal a TPO and/or preservation order?
You can appeal a TPO or preservation decision if you believe it’s not justifiable. However, you will need to provide evidence to support your argument and demonstrate that the TPO or order to preserve is not necessary.
Can I take down a protected tree?
It is unlawful to take down protected trees without the required permissions. If you want the tree to be removed, you will need to seek permission from the council and provide proof to back your claim.
Conclusion
In the end, determining if trees are protected is a vital step to ensure that tree work is carried out legally. Understanding the different kinds of protection and the best way to check for them, you can ensure that you’re in compliance with the law and protecting the trees in your care. If you’re unsure of the status of protection for the tree you are in charge of, we suggest seeking professional advice from an expert in tree care like Blacktown Tree Services. Our experienced arborists will be able to inform you on the protection status of your trees and guide you through the required steps to ensure that you are acting within the legal guidelines. With our knowledge and dedication to providing top-quality tree care, we can help you maintain the beauty and value that your trees have. Call us now by calling 0480 024 203 to schedule a consultation and let us help you ensure that your trees are protected and healthy.