Avoiding Tree Removal Errors: How to Know whether a Tree is protected

Posted by Christchurch Tree Services on 10 Oct 2024

Trees play a crucial contribution to our ecosystem as they provide shade, clean air, and aesthetic value to our surroundings. However, not all trees are alike and some have additional protection status, making it illegal to carry out any work without permission. If you are considering having a tree removed, it’s essential to understand the status of protection for the tree you’re considering, and the steps you need to take to comply with the laws. This article we will guide you through the process of determining whether a tree is protected and what you will need be doing to make sure you are acting within the law.

What exactly is a tree that is protected?

A protected tree has been subjected to certain legal controls, and it’s illegal to carry out work on a protected tree without the required permissions. There are two types of protection that trees might have: statutory protection and preservation orders.

Statutory protection

As a matter of legal protection, trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are put in place 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 set up by the Secretary of State for the Environment. Preservation orders for trees are considered to be of exceptional value and are shielded from all work, which includes cutting down.

What can I do to determine when a tree is in danger?

To determine if trees are protected, you will need to verify if it’s under a TPO or preservation or protection order. This can be accomplished by contacting the municipal authority, and asking them to check for records.

To find a TPO, you can contact the Tree or Woodland Official at your local authority. They can inform you whether the tree is in the protection. They will also be able to guide you on the next steps you should do if your tree is in a protected area.

In order to search for a preservation permit, you must contact Secretary of State, Department of the Environment. They will be able to determine if the tree is protected and provide you with 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 tree that is protected without the appropriate permissions, you could face significant fines, and possibly even jail time.

Can I appeal an TPO and/or preservation order?

You can appeal an appeal of a TPO or preservation or TPO if you believe that it is not justified. You will have to provide evidence to support your claim and explain that you believe that the TPO or preservation order isn’t necessary.

Can I take down a protected tree?

It is illegal to remove protected trees without the required permissions. If you need the tree to be removed, you will need to request permission and submit the evidence needed to prove your case.

Conclusion

To conclude, knowing if trees are protected is an essential step to ensure that any tree work carried out legally. If you know the various types of protection and how to check for them it is possible to be sure 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 a tree, we recommend consulting an experienced tree expert, such as Christchurch Tree Services. Our arborists are experienced and will be able to inform you regarding the status of protection of your trees and guide you through the steps to ensure that you are complying with the laws. With our expertise and commitment to providing high-quality tree services We can assist you to keep the beauty and worth that your trees have. Call us now by calling 0800 500 738 to schedule a consultation and let us assist you to ensure that your trees are protected and healthy.

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