Tree Preservation Orders are one of the most misunderstood aspects of tree ownership. Many homeowners don’t know their tree is protected until they try to have work done, and the rules can seem confusing. Here’s a clear guide to how TPOs work, what they mean for you, and how to get permission for tree work in Sussex.
What is a Tree Preservation Order?
A Tree Preservation Order is made by the local planning authority — in Mid Sussex, that’s Mid Sussex District Council — to protect specific trees or groups of trees that contribute to the local environment. TPOs are made under the Town and Country Planning Act 1990, and once a tree has a TPO, it is a criminal offence to cut down, top, lop, uproot, wilfully damage, or wilfully destroy it without the council’s written consent.
The penalties are serious. If a protected tree is cut down or destroyed without consent, the fine is unlimited, whether the case is heard in the Magistrates’ Court or the Crown Court. The court must also take into account any financial benefit from losing the tree, such as a boost to the property’s value. There is also a legal duty to plant a replacement tree of an appropriate size and species in the same place, unless the council agrees to waive it.
What can a TPO protect?
TPOs can protect individual trees, groups of trees, areas of trees, or entire woodlands. Each type offers slightly different protection. An individual TPO identifies a specific tree, while a woodland TPO protects every tree within the defined boundary, including any that grow or are planted there in the future. In Mid Sussex alone, there are hundreds of TPOs on record, and they are particularly common in conservation areas like Cuckfield, Lindfield, and the Muster Green area of Haywards Heath.
How do I check if my tree has a TPO?
To check whether your tree has a TPO, the simplest approach is to use your local council’s interactive TPO map. Mid Sussex DC has a map available on their website where green markers show confirmed TPOs and blue hatching indicates conservation areas. If you’re in the South Downs National Park (for example, in Ditchling), the National Park Authority deals with TPOs directly, and you can check with them or through the South Downs planning portal.
How do I get permission to work on a protected tree?
If your tree does have a TPO, you can still have work done — you just need to apply for consent first. The application is free and can be submitted through the national Planning Portal or directly to the council. You’ll need to describe the proposed work, explain why it’s necessary, and ideally include photographs. The council has up to eight weeks to make a decision. In our experience, well-justified applications for necessary work — such as crown reductions to manage light or reduce risk — are usually approved.
Are dead or dangerous trees exempt?
There are a few exemptions. A tree that is dead doesn’t need consent, but you must give the council five working days’ written notice before the work, ideally with photographs as evidence. If a tree poses an immediate risk of serious harm, you can do the minimum work needed to make it safe and tell the council as soon as practicable afterwards. Dying or diseased trees are not exempt, and if a tree is merely inconvenient or blocking light, you’ll need to go through the standard application process.
Can my tree surgeon handle the application?
We deal with TPO applications regularly across Mid Sussex. If you’re not sure whether your tree is protected, we can check for you when we visit. And if an application is needed, we can prepare and submit it on your behalf, explaining the proposed work in the technical language that planning officers expect. In most cases, the application adds a few weeks to the timeline but doesn’t affect the cost of the work itself.
One final point: if you’ve recently bought a property, don’t assume the previous owner would have mentioned any TPOs. A TPO should appear in the local authority search when you buy, but new orders can be made after you move in, and many homeowners are genuinely unaware that their trees are protected. If in doubt, check before you start.
