Expert Advice on Identifying Protected Trees within Hawkesbury
Trees play an important part in the environment as they provide shade, clean air and aesthetic value our surroundings. However they are not all alike and some have additional protection status, making it illegal to do any work without obtaining permission. If you’re thinking of having a tree removed it is essential to know the protection status of the tree being considered, and the steps you have to take to comply with the law. This article we will help you understand the process of discovering whether the tree is secured and the steps you need be doing to make sure that you comply with the law.
What is a protected tree?
A protected tree is subject to specific legal controls, and it’s illegal to do work on such a tree without obtaining the necessary permissions. There are two types of protection a tree might have: preservation and protection orders that are statutory.
Statutory protection
Under legal protection trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees with a significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are issued through the secretary of state for the Environment. Preservation orders for trees are considered to have an exceptional value and are shielded from all work, which includes the felling.
What can I do to determine when a tree is in danger?
To determine if trees are protected, you will need to check if it is in the process of being subject to a TPO or preservation orders. This can be done by contacting the authorities in your area and asking them search their records.
TPO search
To find an TPO, you can contact an Tree and Woodland Officer at the local authority. They will be able to tell you whether the tree is protected. They’ll also be able to advise you on the next steps to do if your tree is protected.
Preservation order search
To search for a preservation order, you will need to contact Secretary of State, Department of the Environment. They can determine whether the tree is protected and will provide the information you require and direction.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you do work on a protected tree without obtaining the necessary authorizations, you could be subject to substantial fines and even imprisonment.
Can I contest to a TPO and/or preservation order?
Yes, you can appeal to a TPO or preservation order if that it is not justified. However, you will need to provide evidence to support your case and show that the TPO or the preservation decision isn’t needed.
Can I take down a protected tree?
It is unlawful to take down protected trees without the required permissions. If you need removal of the tree then you must seek permission from the council and provide the evidence needed to prove your case.
Conclusion
In the end, determining if trees are protected is a vital aspect in ensuring that any tree work is carried out legally. Understanding the different kinds of protection and the best way to check for them it is possible to be sure that you are acting within the law and safeguarding the trees in your care. If you’re not sure about the nature of the protection of trees, we suggest seeking advice from an expert in tree care like Hawkesbury Aborist. Our arborists are experienced and will be able to inform you on the protection status of your trees and walk you through the steps to ensure you are following the laws. With our knowledge and dedication to providing high-quality tree services we will help you preserve the beauty and value that your trees have. Call us now at 0480 024 267 to schedule a consultation, and let us assist you to keep your trees safe and healthy.