Avoiding the Tree Removal Mistakes that can be made: How to Know if a Tree is Protected

Posted by Penrith Aborist on 26 Jun 2025

Trees play an essential part in the environment as they provide shade, clean air and aesthetic value our surroundings. However, not all trees are equal and some carry additional protection status, making it illegal to perform any work without obtaining permission. If you’re considering having a tree removed it is crucial to be aware of the status of protection for the tree being considered, and what steps you’ll need to take to comply with the legal requirements. The following article we’ll help you understand the process of discovering whether trees are protected and what you have be doing to make sure you comply with the law.

What is a protected tree?

A protected tree is one that can be subject to specific legal controls It is illegal to work on a protected tree without obtaining the necessary permissions. There are two types of protection a tree could be protected by - statutory protection and preservation orders.

Statutory protection

In the context of statutory protection trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities 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 by the Secretary of State for the Environment. Preservation orders for trees are considered to have exceptional value and are protected from any work, including cutting down.

What can I do to determine whether a tree is safe?

To determine whether a tree is protected, you need to verify if it’s under a TPO or preservation orders. It is done by contacting your municipal authority, and asking them to check their archives.

To search for the TPO to locate one, contact an Tree and Woodland officer from the local authority. They will inform you whether the tree is in the protection. They’ll also be able to guide you on the next steps to do if your tree is in a protected area.

If you are looking for a preservation order, you must contact Secretary of State, Department of the Environment. They can tell you whether the tree is in the protected zone and provide you with the required information and guidelines.

FAQs:

What is the consequence if I do work on a tree that is protected without permission?

If you carry out work on a tree that is protected without the appropriate permissions, you could face significant fines, and possibly even jail time.

Can I contest to a TPO and/or preservation order?

You can appeal to a TPO or preservation order if you believe that it is not justified. You will have to provide evidence to support your case and show 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 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 the tree is protected is a vital step in ensuring that tree work is carried out legally. By understanding the different types of protection and how to check for them to ensure you’re in compliance with the law and safeguarding the trees in your care. 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 like Penrith Aborist. Our arborists are experienced and will be able to inform you regarding the status of protection 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 high-quality tree services we will help you preserve the beauty and worth for your tree. Contact us now by calling 0480 024 267 to schedule a consultation, and let us help you ensure that your trees are protected and healthy.

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Our specialist aborist in Penrith assure the quality of our work. From small trees to large trees, significant trees, all tree species. Additionally we can provide stump grinding and land clearance. This lets us offer complete customer satisfaction and a wonderful experience. You only require to contact us with your requirements and our team takes over the rest. The quality, the effectiveness of the work, and correct preparation.

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When most men and women think of tree removal, they believe that anyone can take care of the work, as long as sufficient power is available. The fact of the issue, however, is that tree removal is a job that requires more ability than power. It’s a highly technical process, particularly due to the security component involved. The good news is that with a team like ours, safety is ensured.

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