A Beginner's Guide to Understanding Protected Trees
Trees play a crucial part in the environment, providing shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry an additional status of protection, making it illegal to do any work without permission. If you are considering having a tree removed it is essential to know the status of protection for the tree in question, and what steps you’ll need to take to ensure compliance with the laws. The following article we will walk you through the process of determining whether the tree is secured and the steps you need be doing to make sure you are following the law.
What is a protected tree?
A protected tree is one that has been subjected to certain legal controls It is illegal to carry out work on such a tree without the required permissions. There are two kinds of protection that trees could be protected by - preservation orders and protection orders.
Legal protection
In the context of legal protection trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees of significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are issued from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are protected from all work, which includes cutting down.
How do I know if a tree is protected?
To determine whether trees are protected, you need to verify if it’s under a TPO or preservation or protection order. It is done by contacting your municipal authority, and asking them to look up their archives.
TPO search
To find a TPO to locate one, contact your local Tree and Woodland Officer from your local authority, who can inform you whether the tree is protected. They will also be able to advise you on the next steps you should do if your tree is in a protected area.
Preservation order search
To search for a preservation order you will need to contact secretary of state for Environment. They will be able to inform you whether the tree is protected and give you the required information and guidelines.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you do work on a tree that is protected without the proper authorizations, you could be subject to substantial fines and even imprisonment.
Can I appeal a TPO or preservation order?
Yes, you are able to appeal to a TPO or preservation decision if you feel it’s not justifiable. You will have to provide evidence to support your claim and explain why it is not necessary to appeal the TPO or preservation order is not necessary.
Can I remove a protected tree?
It is illegal to remove a protected tree without obtaining the necessary permissions. If you need the tree to be removed, you will need to seek permission from the council and provide the evidence needed to prove your case.
Conclusion
In the end, determining if the tree is protected is a vital step to ensure that any tree work is legally completed. By understanding the different types of protection and the best way to determine if they are protected to ensure you are acting within the law and are protecting the trees that you are responsible for. If you are unsure about the protection status of a tree, we recommend seeking advice from a reputable tree specialist like Northern Beaches Tree Removal Sydney. Our team of experienced arborists will be able to inform you on the protection status of your trees, and will guide you through the steps to ensure that you are following the legal guidelines. With our knowledge and dedication to providing top-quality tree care We can assist you to maintain the beauty and value of your trees. Contact us now by phone at 1300 931 904 to schedule a appointment, and let us help you ensure that your trees are protected and healthy.