Introduction

On September 10, 2026, Lewes Town Council made history by unanimously adopting the "Rights of Trees Charter". Councillor Dinah Morgan, with Councillor Andrew Norris as seconder, established Lewes as a national leader in the Rights of Nature movement. As an accredited arboretum town with a deep-rooted history of environmental stewardship, evidenced by its existing Rights of the River Ouse Charter, Lewes has formally transitioned from viewing its canopy as a passive resource to recognising trees as living beings with intrinsic value.

 

Proposing the motion, Councillor Morgan emphasised that trees "are living entities that have an important role in the town's wellbeing and climate resilience", particularly in the face of increasingly severe heatwaves.

Breakdown

The Charter applies to all woodlands, hedgerows, and individual trees across the town. It enumerates ten specific rights to guide local governance:

  1. Right to Life: The right to live and be respected for their intrinsic ecological value.
  2. Right to Flourish: The protection of roots, healthy soils, and vital fungal networks.
  3. Right to Respirate: The right to exist in an environment with unpolluted air.
  4. Right to Healthy Soil: Maintenance of undisturbed underground ecosystems between trees.
  5. Right to Water: Access to a sustainable, unpolluted water supply.
  6. Right to be Restored: The principle of restoring tree cover where trees are felled by public authorities, including through replacement planting and continued care.
  7. Right to Representation: The right for communities to advocate for trees using arboricultural expertise.
  8. Right to Informed Decisions: Public access to timely information regarding any decisions affecting trees.
  9. Right to a Precautionary Approach: Prioritising the avoidance of harm over replacement planting, which is viewed as a last resort.
  10. Right to Complete Natural Life Cycles: Allowing trees to remain in situ through decline and death to support biodiversity.

 

This framework establishes a "presumption of respect" in decision-making, replacing the previous default where tree removal was often the path of least resistance.

 

The Charter was drafted by the Rights of Our Trees (ROOTS) group, supported by the University of Sussex Environmental Justice Law Clinic. It utilises a "pioneering toolkit" launched in March 2026 by Dr Joanna Miller Smallwood, which provides strategies to challenge policies that view nature solely as property.

 

Regarding the Charter's legal standing:

These rights function as ethical and policy principles within the council's statutory limits. While they do not bind private landowners or the South Downs National Park Authority (SDNPA), they serve as "material considerations". This allows the council, acting as a formal consultee, to challenge planning applications and influence local policy with the interests of trees as a primary factor.

What is the Impact?

The Charter's impact is already being felt culturally. Dr Smallwood notes that for students and youth, this proactive stance provides a powerful antidote to "climate anxiety". By enshrining the "Representation" principle, the town ensures that ecological evidence and local knowledge are represented in formal governance.

 

Regional momentum is growing; Lewes joins Rother District Council, which famously backed "personhood" for the 1066 Yew at Crowhurst, and Maidstone Borough Council in adopting Rights of Nature frameworks.

 

The Charter creates a roadmap for protecting ecosystems in a tech-impacted world. The commitment to "informed decisions" will be bolstered by:

  • Utilising advanced analytics to monitor tree health and predict the environmental impact of new digital infrastructure.
  • Encouraging "tree guardianship" and community-led proposals to identify and protect significant trees. Evidence for such protection includes physical features like age, hollowing, or deadwood

 

By adopting this Charter, Lewes moves toward Councillor Morgan's vision: a "partnership" with nature that supersedes the outdated model of trees as passive assets, ensuring active guardianship for generations to come.