What Makes a Tree Protected and How Do I Find Out
Trees play an important part in the environment as they provide shade, clean air and aesthetic value our surroundings. However, not all trees are alike and some have additional protection status, making it illegal to perform any work without permission. If you’re thinking of having a tree removed, it’s essential to understand the status of protection for the tree you’re considering, and the steps you have to follow to be in compliance with the law. This article we’ll help you understand the process of determining whether trees are protected and what you need be doing to make sure that you comply with the law.
What is a protected tree?
A protected tree is one that can be subject to specific legal restrictions, and it’s illegal to carry out works on a tree without having the appropriate permissions. There are two types of protection that a tree might have: preservation orders and protection orders.
Statutory protection
In the context of the law trees are protected under the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant value to the public and to ensure that they do not get damaged or destroyed.
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 exceptional worth and are therefore protected from all work, which includes felling.
How can I tell when a tree is in danger?
To determine whether trees are protected, you need to verify if it’s under an TPO or preservation or protection order. It is done by contacting the authorities in your area and asking them search for records.
TPO search
To search for the TPO to locate one, contact an Tree and Woodland officer from your local authority, who will be able to tell you whether the tree is protected. They’ll also be able advise you about the next steps to follow if the tree is protected.
Preservation order search
To search for a preservation order you’ll need to call secretary of state for Environment. They can inform you whether the tree is protected and provide you with the required information and guidelines.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you carry out work on a protected tree without the appropriate permissions, you could face massive fines or even prison.
Can I appeal a TPO or preservation order?
Yes, you are able to appeal a TPO or preservation decision if you believe that it is not justified. You will have to provide evidence to support your argument and demonstrate your argument as to why it is not necessary to appeal the TPO or the preservation decision isn’t necessary.
Can I remove a protected tree?
It is illegal to remove a protected tree without obtaining permission from the appropriate authorities. If you require the tree to be removed then you must seek permission from the council and provide proof to back your claim.
Conclusion
To conclude, knowing if the tree is protected is a vital step in ensuring that any tree work carried out legally. If you know the various types of protection and the best way to determine if they are protected, you can ensure that 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 the tree you are in charge of, we suggest seeking advice from an experienced tree expert such as Christchurch Arborist. Our team of experienced arborists can advise you on the protection status of your trees and walk you through the required steps to ensure that you are following the law. With our experience and dedication to providing high-quality tree services we will help you maintain the beauty and worth that your trees have. Contact us now by calling 0800 480 554 to schedule a appointment, and let us help you keep your trees protected and healthy.
