The Consequences of Destroying an encircled tree and how to Avoid Them
Trees play a crucial contribution to our ecosystem as they provide shade, clean air, and aesthetic value to 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 considering having a tree removed, it’s essential to understand the protection status of the tree in question and what steps you’ll need to take to comply with the legal requirements. In this article, we will guide you through the process of discovering whether the tree is protected and what you need to do to ensure you are acting within the law.
What is a protected tree?
A protected tree is one that can be subject to specific laws and regulations, and it’s illegal to carry out works on a tree without having the appropriate permissions. There are two kinds of protection that trees may have - preservation orders and protection orders.
Protection under the law
In the context of the law, trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees with a significant public value and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are issued through the secretary of state for the Environment. Preservation orders for trees are considered to have exceptional worth and are therefore protected from any work, including felling.
What can I do to determine when a tree is in danger?
To determine whether a tree is protected, you must to determine if the tree is in the process of being subject to a TPO or preservation order. It is done by contacting the local authority and asking them to search their records.
TPO search
If you want to find the TPO, you can contact the Tree and Woodland officer from your local authority, who will be able to tell you whether the tree is protected. They will also be able to guide you about the next steps to do if your tree is protected.
Preservation order search
In order to search for a preservation order you will need to contact the Secretary of State for the Environment. They will determine if the tree is protected and provide you with the required information and guidelines.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you 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 appeal to a TPO Or preservation or TPO?
Yes, you can appeal an appeal of a TPO or preservation decision if it’s not justifiable. But, you’ll need be able to present evidence to back your claim and explain that it is not necessary to appeal the TPO or preservation order isn’t needed.
Can I take down a protected tree?
It is illegal to remove trees that are protected without the required permissions. If you need removal of the tree it is necessary to seek permission from the council and provide evidence to support your case.
Conclusion
To conclude, knowing if a tree is protected is an essential step to ensure that any tree work is carried out legally. By understanding the different types of protection and the best way to check for them it is possible to be sure that you’re in compliance with the law and protecting the trees in your care. If you’re unsure of the nature of the protection of trees, we suggest consulting an experienced tree expert like Penrith Tree Cutting. Our experienced arborists can advise you on the protection status of your trees, and will guide you through the steps to ensure you are acting within the law. With our experience and dedication to providing top-quality tree care, we can help you maintain the beauty and value of your trees. Call us now by calling 0480 024 203 to schedule a appointment, and let us guide you on how to keep your trees protected and healthy.