Avoiding Tree Removal Errors: How to Know if a Tree is Protected

Posted by Christchurch Arborist on 22 Sep 2024

Trees play an important contribution to our ecosystem as they provide shade, clean air and aesthetic value to our surroundings. However, not all trees are identical and some are granted extra protection status, which makes it illegal to do any activity without authorization. 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 comply with the law. This article we’ll guide you through the steps to determine if the tree is protected and what you will need be doing to make sure that you are following the law.

What is a protected tree?

A protected tree can be subject to specific legal restrictions, and it’s illegal to carry out works on a tree without the required permissions. There are two kinds of protection a tree could be protected by - statutory protection and preservation orders.

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

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 be of exceptional value and are shielded from any work, including the felling.

What can I do to determine if a tree is protected?

To determine whether trees are protected, you need to verify if it’s in the process of being subject to the protection of a TPO or preservation orders. This can be done by contacting your municipal authority, and asking them to check for records.

To find an TPO You can reach the Tree and Woodland Officer at the local authority. They will be able to tell you if the tree is protected. They’ll also be able to advise you about the next steps to take if the tree is protected.

In order to search for a preservation order, you must contact Secretary of State, Department of the Environment. They will be able to tell you whether the tree is protected and give you the information you require and direction.

FAQs:

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

If you carry out work on a tree that is protected without obtaining the necessary permissions, you could face substantial fines and even imprisonment.

Can I contest a TPO and/or preservation order?

Yes, you are able to appeal a TPO or preservation order if you feel that it is not justified. But, you’ll need be able to present evidence to back your claim and explain your argument as to why you believe that the TPO or order to preserve isn’t necessary.

Can I take down a protected tree?

It is unlawful to take down a protected tree without obtaining the required permissions. If you require removal of the tree then you must seek permission from the council and provide the evidence needed to prove your case.

Conclusion

In conclusion, discovering whether trees are protected is an essential step to ensure that any tree work is carried out legally. Understanding the different kinds of protection and how to identify them it is possible to be sure that you’re in compliance with the law and are protecting the trees in your care. If you’re not sure about the status of protection for the tree you are in charge of, we suggest seeking advice from an expert in tree care such as Christchurch Arborist. Our arborists are experienced and will be able to advise you about the protection status of your trees and walk you through the necessary steps to ensure that you are acting within the law. With our experience and dedication to provide high-quality tree services, we can help you keep the beauty and worth for your tree. Call us now by calling 0800 480 554 to schedule a appointment, and let us help you keep your trees protected and healthy.

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