How do I determine whether a Tree is protected Before Removing It
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Trees play an important contribution to our ecosystem as they provide shade, clean air and aesthetic value our surroundings. However they are not all identical and some are granted an additional status of protection, making it illegal to do any work without permission. If you’re considering having a tree removed it is crucial to be aware of the protection status of the tree you’re considering and the steps you have to take to ensure compliance with the laws. The following article we’ll walk you through the process of discovering whether a tree is safe and exactly what steps you need be doing to make sure that you are following the law.
What is a protected tree?
A protected tree is subject to specific legal restrictions and it is unlawful to carry out work on such a tree without obtaining the necessary permissions. There are two types of protection a tree may have - statutory protection and preservation orders.
Protection under the law
In the context of statutory protection trees are protected under law and are under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant public value and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are set up through the secretary of state for the Environment. Trees with preservation orders are considered to be of exceptional value and are shielded from any kind of work, including cutting down.
How do I know when a tree is in danger?
To determine if a tree is protected, you will need to determine if the tree is in the process of being subject to the protection of a TPO or preservation order. It is done by contacting your authorities in your area and asking them look up their archives.
TPO search
To find the TPO to locate one, 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 to follow if the tree is in a protected area.
Preservation order search
If you are looking for a preservation permit, you will need to contact secretary of state for Environment. They can inform you if the tree is protected 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 do work on a protected tree without the appropriate permits, you could be facing massive fines or even prison.
Can I contest to a TPO or preservation order?
Yes, you can appeal a TPO or preservation or TPO if that it is not justified. However, you will need to prove your case and show your argument as to why it is not necessary to appeal the TPO or the preservation decision is not necessary.
Can I take down a protected tree?
It is unlawful to take down protected trees without the required permissions. If you need the tree to be removed, you will need to seek permission from the council and provide evidence to support your case.
Conclusion
In conclusion, discovering whether the tree is protected is a vital aspect in ensuring that any tree work carried out legally. By understanding the different types of protection, and knowing how to identify them it is possible to be sure that you’re following the law and are protecting the trees in your care. If you’re not sure about the nature of the protection of trees, we suggest seeking professional advice from a reputable tree specialist like Professional Tree Removal Brisbane. Our team of experienced arborists will be able to advise you on the protection status of your trees and walk you through the required steps to ensure you are complying with the legal guidelines. With our expertise and commitment to providing top-quality tree care We can assist you to keep the beauty and value of your trees. Contact us today at 1300 479 169 to schedule a consultation, and let us help you keep your trees safe and healthy.