19 The Marches, Kingsfold, Horsham, England, RH12 3SY
19 The Marches, Kingsfold, Horsham, England, RH12 3SY
Removing a tree from your property is not always as straightforward as calling a tree surgeon and booking a date. In some cases, you can proceed without formal approval. In others, removing a tree without the right permission can result in a fine of up to £20,000 or, in serious cases, prosecution. The rules depend on where the tree is, what type of tree it is, and whether any legal protections apply to it.
This guide explains what applies in Sussex and Surrey, what you need to check before any work starts, and what happens if you are unsure.
TPOs are issued by local authorities across the region. These include West Sussex County Council, East Sussex County Council, and Surrey County Council. Individual district councils such as Horsham, Tandridge, and Reigate and Banstead also issue them. Any tree on any land can be subject to one, including trees in private gardens.
The important thing to understand is that a TPO leaves no visible mark on a tree. There is no tag, no notice on the bark, no sign of any kind. You need to check the council’s register to find out whether a TPO applies. Most local councils in Sussex and Surrey publish their TPO registers online, through their planning portal or on request.
If a TPO applies and you carry out work without approval, the consequences are serious. Fines are uncapped in the most serious cases under the Town and Country Planning Act 1990. It is not a minor issue.
Conservation areas add a further layer of protection, and it is here that homeowners in parts of Sussex and Surrey most often get caught out. If your property sits within a designated conservation area, any tree with a trunk diameter of more than 75mm at 1.5 metres from the ground is automatically subject to restrictions, even if there is no TPO in place.
Before removing or significantly pruning a tree in a conservation area, you must give the council six weeks written notice using what is known as a Section 211 notice. The council then has that six-week window to decide whether to make a formal TPO on the tree. If they do not respond within six weeks, you can proceed. If they issue a TPO within that period, the tree is now protected, and you will need to apply for consent before doing anything.
Conservation areas cover large parts of Sussex and Surrey. Towns and villages, including Arundel, Petworth, Dorking, Reigate, Haslemere, Horsham town centre, and significant portions of rural Surrey, all contain conservation area designations. If you are in any doubt about whether your property falls within one, the quickest way to check is to use your local planning authority’s online map or call the planning department directly.
There are situations where you can remove a tree without any formal application or notice period. The main ones are:
A tree with a trunk diameter of less than 75mm at 1.5 metres from the ground, on land that is not in a conservation area and has no TPO, can generally be removed without permission. There are slight variations depending on whether the tree is being removed to improve the growth of other trees, in which case the diameter threshold changes to 100mm.
Dead trees can also be removed without consent in most circumstances, though it is worth confirming the position with a qualified arborist first. A tree that looks dead may still have some protected status in certain situations, and misidentifying a declining tree as dead is a risk not worth taking without a professional assessment.
In some cases, trees that pose an immediate danger to people or property can be addressed as an emergency. Even then, the work should be documented and the local planning authority notified as soon as possible.
People sometimes assume that smaller trees do not fall under the same rules. That is not always accurate. In conservation areas, the relevant measure is trunk diameter, not height or age. A young tree that has reached 75mm in diameter carries the same notification requirement as a mature oak.
What does change with size is the complexity and risk of the removal. A large, mature tree near a building or boundary requires a different approach. Sectional dismantling is often the only safe method near structures. This involves taking the tree down in sections from the top. Attempting this kind of work without proper training and equipment is genuinely dangerous.
If your tree has a TPO, you must submit a formal application before any work begins. This is done through the Planning Portal and is usually free of charge for standard work. You will need to describe the work you are proposing and give a reason for it. That might be the tree’s condition, a safety concern, damage to a structure, or another relevant factor.
The council will then consult their arboricultural officer. That officer may visit the site to inspect the tree in person. They can approve the application in full, approve it with conditions, or refuse it. There is no set timeframe in law, though most councils aim to respond within eight weeks.
If your application is refused, there is a formal appeals process available. This is handled through the Planning Inspectorate.
Yes, and in most cases it makes practical sense for them to do so. A qualified arborist can assess the tree and identify whether any protections apply. They can prepare a written report and submit the application on your behalf. Having a professional report alongside an application often strengthens the case. This is particularly true where the justification involves tree health or structural risk.
At Tree Marshalls, we assess every job for permissions before booking any work. If an application is needed, we talk you through what is required and what timescales to expect. No work proceeds on a protected tree without the correct consent in place.
The consequences are more serious than most people realise. The local planning authority can issue an enforcement notice requiring you to replace the tree. For a mature specimen, that replacement cost can run into thousands of pounds. They can also prosecute under Section 210 of the Town and Country Planning Act 1990. Courts have issued fines that reflect the amenity value of the tree removed. For a significant mature tree, those fines can be substantial.
Beyond the legal risk, an unlawful removal can cause problems when you sell the property. Solicitors carry out planning searches as standard. An unlawful tree removal will show up in those searches. Remedying it before a sale completes can be time-consuming and expensive.
Hedges and shrubs are generally not covered by the same tree legislation. The exception is where they form part of a woodland or are specifically included within a TPO. There is separate legislation covering hedgerows under the Hedgerow Regulations 1997. This applies to certain countryside hedges rather than garden boundaries. It is a less common issue for residential properties. However, it is worth being aware of if you are on a rural plot or near agricultural land.
The clearest way to avoid problems is to get the right checks done before anything is touched. Check whether the property is in a conservation area through the local council. Check the TPO register for your area. If you are unsure about either, get a qualified arborist to carry out a site assessment and handle any necessary applications before work begins.
That step protects you legally. It also means the work itself is properly planned, with the right method selected for the tree, the site, and the surrounding structures.
Tree Marshalls carry out tree removal across Sussex and Surrey for domestic and commercial clients. Before any job starts, we check the planning position and assess the tree. We make sure the correct permissions are in place before work begins. If an application needs to be submitted, we handle that as part of the job.
Call us on 07551 525136 or visit our tree removal and felling page to find out more. If you have a tree you are concerned about, get in touch. We will arrange a site visit and give you a professional view before you make any decisions.