A Beginning's guide to Understanding Protected Trees

Posted by The Hills Tree Lopping on 5 Dec 2024

Trees play an important contribution to our ecosystem, providing shade, clean air, and aesthetic value to our surroundings. However, not all trees are equal and some carry extra protection status, which makes it illegal to perform any work without obtaining permission. If you’re considering having a tree removed it is essential to know the status of protection for the tree in question, and the steps you have to take to ensure compliance with the legal requirements. This article we’ll walk you through the process of determining whether a tree is safe and exactly what steps you have be doing to make sure you are following the law.

What is a protected tree?

A protected tree is one that can be subject to specific legal controls It is illegal to carry out work on such a tree without having the appropriate permissions. There are two types of protection that trees could be protected by - preservation and protection orders that are statutory.

Statutory protection

In the context of legal protection, trees are protected by laws and under the control 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 destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs but are set up from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have an exceptional worth and are therefore protected from all work, which includes cutting down.

How can I tell when a tree is in danger?

To determine whether a tree is protected, you need to verify if it’s subject to the protection of a TPO or preservation or protection order. This can be done by contacting the municipal authority, and asking them to search their archives.

If you want to find a TPO, you can contact the Tree or Woodland Official of your local authority, who will inform you whether the tree is protected. They will also be able advise you on the next steps you should take if the tree is in a protected area.

In order to search for a preservation permit, you will need to contact Secretary of State, Department of the Environment. They will be able to determine if the tree is protected and provide you with the required information and guidelines.

FAQs:

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

If you work on a protected tree without the proper permits, you could be facing significant fines, and possibly even jail time.

Can I contest to a TPO or preservation order?

You can appeal an appeal of a TPO or preservation or TPO if you feel it’s not justifiable. You will have to provide evidence to support your claim and explain your argument as to why it is not necessary to appeal the TPO or the preservation decision isn’t needed.

Can I remove a protected tree?

It is against the law to remove a protected tree without obtaining the required permissions. If you require the tree to be removed then you must apply for permission and provide the evidence needed to prove your case.

Conclusion

In conclusion, discovering whether trees are protected is a vital aspect in ensuring that tree work is legally completed. By understanding the different types of protection and how to determine if they are protected, you can ensure that you’re in compliance with the law and protecting the trees that you are responsible for. If you are unsure about the nature of the protection of the tree you are in charge of, we suggest seeking advice from a reputable tree specialist such as The Hills Tree Lopping. Our team of experienced arborists will be able to inform you on the protection status of your trees and guide you through the required steps to ensure that you are complying with the legal guidelines. With our expertise and commitment to provide high-quality tree services We can assist you to keep the beauty and value that your trees have. Call us now by phone at 0480 024 203 to schedule a consultation, and let us help you keep your trees safe and healthy.

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