Call Now

How to Check if a Tree Has a TPO in East Sussex

Before touching any tree on your property, or a neighbour’s, it is essential to check if a tree has a TPO. Working on a protected tree without permission is a criminal offence that can result in a fine of up to £20,000. This guide explains exactly what to look for, who to contact, and how to stay on the right side of the law here in East Sussex.

If you are planning any work on a tree, from a light crown trim to full removal, the very first thing you should do is check if a tree has a TPO (Tree Preservation Order) or whether it sits within a Conservation Area. Many homeowners and even some contractors are unaware that protected status can apply to any tree of any species, and that liability is strict: not knowing a tree is protected is not a legal defence. At Troy’s Tree & Hedge Services, we check the TPO status of every tree before we carry out any work, and we advise all of our customers to do the same.

How to Check if a Tree Has a TPO

The most reliable and straightforward way to check if a tree has a TPO in East Sussex is to contact your local planning authority (LPA), the district or borough council responsible for your area. Each of the five local authorities covering East Sussex maintains its own records of Tree Preservation Orders, and most provide an online mapping tool you can use for free. You can also contact the council’s planning department directly by phone or email if you are unsure.

East Sussex is covered by five local planning authorities: Lewes District Council (covering Lewes, Newhaven, Seaford, and surrounding villages), Eastbourne Borough Council (administered jointly with Lewes District Council), Wealden District Council (covering Uckfield, Crowborough, Heathfield, Hailsham, and rural East Sussex), Rother District Council (covering Battle, Bexhill-on-Sea, Rye, and the surrounding area), and Hastings Borough Council (covering Hastings and St Leonards-on-Sea).

What Is a Tree Preservation Order?

A Tree Preservation Order (TPO) is a legal order made by a local planning authority under the Town and Country Planning Act 1990 (as amended by The Town and Country Planning (Tree Preservation) (England) Regulations 2012). Its purpose is to protect trees or woodlands where their removal would have a significant impact on the local environment and its enjoyment by the public.

A TPO makes it a criminal offence to cut down, uproot, top, lop, wilfully damage, or wilfully destroy a protected tree without first obtaining written consent from the local planning authority. The order can cover a single tree, a group of trees, or an entire woodland, and can apply to any species of tree regardless of size.

It is important to note that TPOs do not cover hedges, bushes, or shrubs, only trees. However, individual trees growing within a hedgerow can be protected by a TPO.

How to Check if a Tree Has a TPO: By Council Area

East Sussex is divided between five local planning authorities, each keeping its own TPO records. Here is where to check for each area:

Lewes District & Eastbourne Borough Council: These two councils operate a joint planning service. Contact their planning team directly to check whether a specific tree is protected.

Wealden District Council: Wealden provides an online mapping tool where you can search by location and turn on the TPO layer to see protected trees. Note that mapped data is indicative only, contact the planning department for written confirmation.

Rother District Council: Check protected tree information through Rother District Council’s planning department or contact their team directly for confirmation on a specific tree.

Hastings Borough Council: Hastings publishes a full list of TPOs on their website. Address details on the list are approximate, so contact the planning team directly if you need certainty on a specific tree.

In all cases, online maps are indicative only. If you need a definitive answer, for example before purchasing a property, always request written confirmation from the relevant council.

Don’t Forget Conservation Areas

Even if a tree does not have a specific TPO, it may still be protected if it stands within a Conservation Area. In East Sussex there are many designated Conservation Areas across all five district and borough councils, covering historic towns, villages, and landscapes.

All trees within a Conservation Area that have a stem diameter of more than 75mm (approximately 3 inches), measured at 1.5 metres above ground level, are automatically protected, no individual TPO is needed. Before carrying out any work on such a tree, you are required by law to give your local planning authority at least six weeks’ written notice using a Section 211 notice. This notice period allows the council to decide whether to make a formal TPO on the tree before any work begins.

Carrying out unauthorised work on a tree in a Conservation Area carries exactly the same penalties as breaching a TPO, including fines of up to £20,000. Do not assume that because a tree has no specific TPO it is unprotected. You can check whether your property falls within a Conservation Area using the same online mapping tools provided by each council, or by contacting the planning department directly.

What Are the Penalties for Working on a Protected Tree?

The consequences of carrying out unauthorised work on a TPO tree are serious. Under the Town and Country Planning Act 1990, conviction in a Magistrates’ Court can result in a fine of up to £20,000 for destroying a protected tree. Serious offenders may be committed for trial in the Crown Court, where an unlimited fine may be imposed. A fine of up to £2,500 can be imposed for carrying out works that do not fully destroy the tree but are still carried out without consent, for example, unauthorised pruning. When determining the fine, courts will consider any financial benefit the offender gained or may gain, such as if a developer removed a tree to make way for a building. The landowner also has an ongoing duty to plant a replacement tree of appropriate size and species in the same location as soon as reasonably possible.

Crucially, liability is strict. It does not matter whether you knew the tree was protected. In the case of Maidstone Borough Council v Mortimer [1980], a professional tree feller was found liable for cutting down a protected oak tree even though they were unaware of its protected status. This applies to homeowners and contractors alike.

Are There Any Exemptions?

There are limited circumstances where consent is not required to carry out work on a protected tree. These exemptions are set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 and include the following.

Dead trees: Consent is not required to cut down a genuinely dead tree, but you must give the council at least five working days’ written notice before carrying out any such work, except where there is an immediate risk to safety.

Dying trees: Work that is necessary to deal with a dying tree may be exempt, but formal consent is still required where the tree is dying rather than fully dead.

Dangerous trees: Only the minimum work necessary to deal with an immediate safety risk can be carried out without consent. You should still give five working days’ notice unless there is immediate danger.

Statutory obligations: Work required to comply with a statutory obligation, for example, work directed under the Civil Aviation Act, is exempt.

Forestry Commission licences: Work carried out in accordance with a Forestry Commission Felling Licence or an approved plan of operations is exempt.

The burden of proof that a tree is dead or dangerous rests with the person carrying out the work. If you are in any doubt, always obtain a professional arboricultural assessment and seek written confirmation from the council before proceeding.

What If a Tree Has No TPO but I Still Want to Remove It?

Even if a tree is not protected by a TPO or located in a Conservation Area, you may still need a Felling Licence from the Forestry Commission before felling it, depending on its size and location. It is an offence to fell a tree without a licence where one is required. Check with the Forestry Commission or your local planning authority if you are unsure whether a licence is needed.

Let the Professionals Check for You

Knowing how to check if a tree has a TPO is an important part of responsible tree ownership, but it can be time-consuming and confusing, especially if your property borders multiple parishes or sits close to a Conservation Area boundary. At Troy’s Tree & Hedge Services, we handle all of this for our customers as a matter of course.

Before any tree work begins, we check if a tree has a TPO or any other form of protection, and where consent is required, we can advise you on the application process and ensure every job is carried out fully within the law. We are experienced in working with all five East Sussex local planning authorities and have a thorough understanding of the TPO system in this area.

Tree Preservation Orders

If you are unsure about the status of a tree on your property, or you simply want peace of mind before any work begins, get in touch with us today. We are here to help.

Get in touch

CASE STUDY

  • Hit & Miss Fencing Installation

    When a customer approached us about a dead hedge infested with ivy, it was clear action was needed to ensure safety and maintain privacy. Positioned alongside a busy path and road, the unstable hedge posed a risk to the public. Instead of waiting for a new hedge to grow, the customer opted for a more immediate and durable solution, hit or miss fencing.

    find out more

WHAT OUR CUSTOMERS SAY

  • I wouldn’t use anyone else now, and would not hesitate recommending Troy; prompt in returning enquires, quoted a more than reasonable price as well as knowledgeable in his work. Very polite and personable, worked quickly and professionally, thank you, a very happy customer.

    Sarah Abell

  • We can not praise and recommend Troy and his colleagues enough. Troy came round to have a look at the work we required, we received a quotation after a few days and were fortunate to have the work completed the following week. The chaps worked hard and quickly all day. Within three days are old hedge was out, roots removed and new fencing in! Fantastic job, and we are thrilled with the fence. Lots of good comments by passers-by.

    Kay Stobbart

If I’m not up a tree, I’m eager to chat!

Ready for healthier, happier trees? Let’s chat about how our expert team can help. Whether it’s care, maintenance, or anything else, we’re here to help.

find out more