The Consequences of Destroying a Protected Tree and How to Avoid Them

Posted by Penrith Tree Cutting on 28 Aug 2024

Trees play an important contribution to our ecosystem, providing shade, clean air, and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to perform any work without obtaining permission. If you’re thinking of having a tree removed it is essential to know the status of protection for the tree being considered and what steps you’ll need to follow to be in compliance with the laws. In this article, we will help you understand the steps to determine if trees are secured and the steps you will need take to be sure you comply with the law.

What exactly is a tree that is protected?

A protected tree is one that is subject to specific laws and regulations and it is unlawful to work on such a tree without the required permissions. There are two types of protection a tree may have - statutory protection and preservation orders.

Statutory protection

In the context of statutory protection, trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees of significant value to the public and to ensure that they are not destroyed or damaged.

Preservation orders

Preservation orders are like TPOs in that they are put in place from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional value and are shielded from all work, which includes cutting down.

How do I know whether a tree is safe?

To determine if trees are protected, you will need to check if it is under a TPO or preservation or protection order. This can be done by contacting the local authority and asking them to search their archives.

If you want to find an TPO to locate one, contact an Tree and Woodland Officer at the local authority. They will be able to tell you whether the tree is in the protection. They’ll also be able advise you on the next steps to do if your tree is protected.

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 protected and will provide the necessary information and guidance.

FAQs:

What happens if I carry out work on a protected tree without permission?

If you work on a protected tree without the appropriate permissions, you could face substantial fines and even imprisonment.

Can I contest an TPO and/or preservation order?

Yes, you are able to appeal a TPO or preservation order if you feel it is unjustified. You will have to prove your case and show your argument as to why it is not necessary to appeal the TPO or the preservation decision isn’t necessary.

Can I cut down a tree that is protected tree?

It is against the law to remove a protected tree without obtaining the necessary permissions. If you need removal of the tree then you must apply for permission and provide the evidence needed to prove your case.

Conclusion

In the end, determining if the tree is protected is a crucial aspect in ensuring that tree work is legally completed. If you know the various types of protection and how to check for them to ensure you’re in compliance with the law and protecting the trees that you are responsible for. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking advice from an expert in tree care like Penrith Tree Cutting. Our experienced arborists can advise you on the protection status of your trees, and will guide you through the necessary steps to ensure that you are acting within the legal guidelines. With our knowledge and dedication to providing top-quality tree care We can assist you to keep the beauty and value for your tree. Contact us now at 0480 024 203 to schedule a consultation and let us guide you on how to ensure that your trees are protected and healthy.

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