How to Determine the extent of protection a tree has before removing it
Trees play a crucial contribution to our ecosystem, providing shade, clean air and aesthetic value our surroundings. However, not all trees are identical and some are granted an additional status of protection, making it illegal to do any activity without authorization. If you’re thinking of having a tree removed it is crucial to be aware of the protection status of the tree being considered, and what steps you’ll need to take to ensure compliance with the legal requirements. The following article we will walk you through the process of discovering whether a tree is secured and the steps you will need be doing to make sure that you are following the law.
What is a protected tree?
A protected tree is one that can be subject to specific legal controls and it is unlawful to carry out work on such a tree without having the appropriate permissions. There are two types of protection that trees might have: statutory protection and preservation orders.
Legal protection
As a matter of the law trees are protected under the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant value to the public and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are put in place from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to be of exceptional value and are protected from any work, including felling.
How do I know when a tree is in danger?
To determine whether the tree is protected, you must to verify if it’s under an TPO or preservation or protection order. This can be done by contacting your municipal authority, and asking them to search their archives.
TPO search
To search for the TPO You can reach your local Tree and Woodland officer from your local authority. They will be able to tell you if the tree is protected. They’ll also be able advise you on the next steps to take if the tree is protected.
Preservation order search
To search for a preservation order you will need to contact secretary of state for Environment. They will determine whether the tree is in the protected zone and will provide the necessary information and guidance.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you work on a protected tree without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.
Can I contest a TPO Or preservation or TPO?
Yes, you are able to appeal to a TPO or preservation or TPO if that it is not justified. However, you will need to prove your case and show that the TPO or order to preserve isn’t necessary.
Can I remove a protected tree?
It is illegal to remove protected trees without the required permissions. If you require the tree to be removed then you must request permission and submit evidence to support your case.
Conclusion
In the end, determining if trees are protected is a crucial step in ensuring that any tree work is carried out legally. If you know the various types of protection, and knowing how to determine if they are protected, you can ensure that you’re following the law and protecting the trees you care for. If you’re unsure of 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 Tree Trimming. 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 acting within the legal guidelines. With our knowledge and dedication to providing top-quality tree care, we can help you maintain the beauty and value that your trees have. Contact us now by phone at 0800 500 743 to schedule a appointment, and let us help you ensure that your trees are protected and healthy.