The Protection of Trees: A Step-by-Step Guide to Understanding Protected Status
Trees play a crucial part in the environment, providing shade, clean air and aesthetic value our surroundings. However they are not all alike and some have additional protection status, making it illegal to carry out any activity without authorization. If you are considering having a tree removed it is essential to know the protection status of the tree in question, and the steps you have to follow to be in compliance with the legal requirements. This article we will guide you through the process of discovering whether the tree is secured and the steps you need to do to ensure that you are acting within the law.
What is a protected tree?
A protected tree is one that is subject to specific legal restrictions, and it’s illegal to{ carry out|| do} work on a protected tree without the required permissions. There are two types of protection a tree might have: preservation orders and protection orders.
Protection under the law
In the context of legal protection, trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant value to the public and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are set up by the Secretary of State for the Environment. Trees with preservation orders are considered to be of exceptional value and are shielded from any work, including cutting down.
What can I do to determine if a tree is protected?
To determine if trees are protected, you need to check if it is subject to the protection of a TPO or preservation orders. This can be accomplished by contacting your local authority and asking them to search their records.
TPO search
To find an TPO, you can contact the 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
If you are looking for a preservation order, you must contact secretary of state for Environment. They can tell you whether the tree is protected and give you the necessary information and guidance.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you{ carry out|| do} work on a tree that is protected without obtaining the necessary permits, you could be facing significant fines, and possibly even jail time.
Can I contest to a TPO and/or preservation order?
You can appeal an appeal of a TPO or preservation order if you feel that it is not justified. However, you will need to provide evidence to support your claim and explain your argument as to why you believe that the TPO or the preservation decision is not necessary.
Can I cut down a tree that is protected tree?
It is unlawful to take down a protected tree without obtaining the required permissions. If you require removal of the tree, you will need to apply for permission and provide evidence to support your case.
Conclusion
In conclusion, discovering whether a tree is protected is a crucial step in ensuring that any tree work carried out legally. By understanding the different types of protection and how to determine if they are protected it is possible to be sure that you are acting within the law and are protecting the trees in your care. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking professional advice from an expert in tree care such as Penrith Tree Cutting. Our arborists are experienced and will be able to advise you regarding the status of protection of your trees and guide you through the{ necessary|| required} steps to make sure you’re complying with the laws. With our knowledge and dedication to providing top-quality tree care We can assist you to preserve the beauty and worth for your tree. Call 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.