Council chiefs are set to slap a preservation order on a tree that has already been chopped down.
The copper beech was felled by marketing manager David Munn just days after Adur Council staff visited his Shoreham home in October.
Mr Munn, 38, of Buckingham Road, wants to build a two-bedroom bungalow in his back garden and had started clearance work.
During the visit, inspectors decided three mature trees on his land were a valuable part of the environment and should be kept.
Mr Munn claims they left without telling him they were going to apply for an emergency preservation order.
He said he was still unaware an order had been made when he cut the beech down two days later with the help of his ten-year-old son.
Mr Munn told the council: "Although technically I have committed an offence by felling this tree, I believe the responsibility lies wholly with the council.
"At the time of their visit to the site, it was obvious that tree clearance was in progress.
"If it was their intention to ensure that a particular tree or trees were to be protected, they should have exercised all means available to ensure that was the case.
"The manner in which the preservation order was sent did not guarantee that it would be received and understood."
Adur's chief planning officer Dereck Wade said in a council report: "Although no longer in existence, the beech should remain on the order as it also had special amenity value.
"If it is included on the preservation order, the council can require a replacement."
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article