The Protection of Trees: A Step-by-Step Guide for Understanding the status of protected trees

Posted by Christchurch Arborist on 22 Sep 2024

Trees play an important contribution to our ecosystem, providing shade, clean air and aesthetic value to our surroundings. However they are not all alike and some have additional protection status, making it illegal to perform any activity without authorization. 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 follow to be in compliance with the laws. In this article, we will walk you through the process of discovering whether the tree is secured and the steps you have take to be sure you are acting within the law.

What exactly is a tree that is protected?

A protected tree is one that has been subjected to certain legal controls It is illegal to 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 legal protection, trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees of significant public value and to ensure that they do not get destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs but are put in place from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from all work, which includes the felling.

How can I tell when a tree is in danger?

To determine if the tree is protected, you need to check if it is under a TPO or preservation order. This can be done by contacting the municipal authority, and asking them to check for records.

To find an TPO, you can contact an Tree and Woodland Officer at the local authority. They will inform you whether the tree is protected. They will also be able to advise you on the next steps you should follow if the tree is protected.

To search for a preservation order, you’ll need to call Secretary of State, Department of the Environment. They will inform you whether the tree is in the protected zone and will provide the required information and guidelines.

FAQs:

What is the consequence if I do work on a protected tree without permission?

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

Can I appeal a TPO or preservation order?

Yes, you can appeal an appeal of a TPO or preservation or TPO if it is unjustified. But, you’ll need to prove your case and show why it is not necessary to appeal the TPO or order to preserve is not necessary.

Can I cut down a tree that is protected tree?

It is illegal to remove trees that are protected without the necessary permissions. If you want the tree to be removed then you must seek permission from the council and provide the evidence needed to prove your case.

Conclusion

In conclusion, discovering whether a tree is protected is a vital aspect in ensuring that tree work is legally completed. By understanding the different types of protection and the best way to identify them it is possible to be sure that you are acting within the law and are protecting the trees in your care. If you’re not sure about the protection status of trees, we suggest seeking advice from an experienced tree expert such as Christchurch Arborist. Our experienced arborists will be able to advise you regarding the status of protection of your trees and walk you through the required steps to ensure that you are complying with the laws. With our expertise and commitment to providing high-quality tree services, we can help you preserve the beauty and value that your trees have. Contact us now by phone at 0800 480 554 to schedule a consultation and let us help you keep your trees protected and healthy.

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