The Consequences of Removing a Protected Tree and How to Avoid them
Trees play a crucial part in the environment, providing shade, clean air and aesthetic value our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to carry out any work without permission. If you’re thinking of having a tree removed it is crucial to be aware of the status of protection for the tree being considered and what steps you’ll need to follow to be in compliance with the legal requirements. In this article, we will walk you through the process of discovering whether a tree is secured and the steps you need take to be sure you comply with the law.
What is a protected tree?
A protected tree has been subjected to certain legal restrictions, and it’s illegal to do work on such a tree without having the appropriate permissions. There are two kinds of protection that a tree may have - preservation and protection orders that are statutory.
Statutory protection
Under statutory 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 with a significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are issued from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have an exceptional value and are protected from any work, including the felling.
How do I know when a tree is in danger?
To determine whether the tree is protected, you must to determine if the tree is in the process of being subject to an TPO or preservation order. This can be done by contacting the local authority and asking them to check their archives.
TPO search
If you want to find a TPO You can reach the Tree and Woodland officer from the local authority. They can inform you whether the tree is protected. They’ll also be able advise you about the next steps to take if the tree is protected.
Preservation order search
To search for a preservation order, you will need to contact secretary of state for Environment. They can inform you if the tree is protected and give you the necessary information and guidance.
FAQs:
What happens if I conduct 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 massive fines or even prison.
Can I contest an TPO Or preservation or TPO?
Yes, you are able to appeal an appeal of a TPO or preservation or TPO if that it is not justified. However, you will need to prove your claim and explain that you believe that the TPO or the preservation decision isn’t necessary.
Can I cut down a tree that is protected tree?
It is unlawful to take down trees that are protected without the required permissions. If you need the tree to be removed then you must seek permission from the council and provide evidence to support your case.
Conclusion
To conclude, knowing if a tree is protected is a crucial step to ensure that tree work is legally completed. By understanding the different types of protection and how to identify them to ensure you’re following the law and are protecting the trees that you are responsible for. If you are unsure about the nature of the protection of trees, we suggest seeking advice from a reputable tree specialist such as Penrith Tree Cutting. Our experienced arborists can advise you on the protection status of your trees and guide you through the required steps to make sure you’re acting within the law. With our expertise and commitment to providing high-quality tree services, we can help you maintain the beauty and value of your trees. Call us now by phone at 0480 024 203 to schedule a appointment, and let us help you ensure that your trees are protected and healthy.