Will we require a felling license

[kevinjohnsonmbe]

2 hours ago, Stubby said:

And if you are actually F.C. and do a clear fell you then have fine yourself for not applying for a license ! which is what happened around here a few years back 

Bit like this one:

(couldn't find the HSE link  saw recently but this one will do)

 

https://www.healthandsafetyatwork.com/safe-systems-of-work/crown-censure-hse-hsl-buxton-hydrogen-pressure-test

 

HSE Censure for, wait for it.....

 

The HSE!

[kevinjohnsonmbe]

21 minutes ago, dig-dug-dan said:

Does this licence apply if its a domestic garden?

No.....

 

But.....

 

The definition of a 'domestic garden' is open to a degree of interpretation 

[dig-dug-dan]

Ah. Ok.

But if someone doesnt  get the licence, what are the consequences, and who enforces it?

[kevinjohnsonmbe]

4 minutes ago, dig-dug-dan said:

Ah. Ok.

But if someone doesnt  get the licence, what are the consequences, and who enforces it?

 

Very much depends upon the scale, circumstances and public / authority interest surrounding the event.  FC are empowered to investigate and enforce under the Forestry Act.  

 

The reality is (in the SW at least) that some whopping transgressions have historically gone completely un-penalised.  Lack of resources, lack of 'will' from the hierarchy all seem to have a significant impact upon the likelihood of an actual prosecution.   The FC SW 2012 - 17 illegal felling spreadsheet makes for fairly pitiful reading in terms of positive action. 

[htb]

10 hours ago, Stubby said:

And if you are actually F.C. and do a clear fell you then have fine yourself for not applying for a license ! which is what happened around here a few years back 

Same up here, were doing oversize and edge trees for them, when the all stop order came until they applied to themselves for the licence

[kevinjohnsonmbe]

8 hours ago, dig-dug-dan said:

Ah. Ok.

But if someone doesnt  get the licence, what are the consequences, and who enforces it?

Some direct links here:

 

https://www.forestry.gov.uk/england-fellinglicences

https://www.legislation.gov.uk/ukpga/1967/10/contents

[Gary Prentice]

On 21/01/2018 at 11:19, kevinjohnsonmbe said:

No.....

 

But.....

 

The definition of a 'domestic garden' is open to a degree of interpretation  by the F.C. Woodlands officer.

Fixed that for you.

 

I tried to get clarification on the definition of what constitutes a garden a while back. Is it a wooded garden, a big garden with lots of trees or a wood?

 

Initially, when push comes to shove, the WO will decide and then take the appropriate action. Then I suppose a judge decides what’s what.

 

When the legal definition of a tree is sketchy, forget a simple answer for a garden with trees.

[kevinjohnsonmbe]

34 minutes ago, Gary Prentice said:

Fixed that for you.

 

I tried to get clarification on the definition of what constitutes a garden a while back. Is it a wooded garden, a big garden with lots of trees or a wood?

 

Initially, when push comes to shove, the WO will decide and then take the appropriate action. Then I suppose a judge decides what’s what.

 

When the legal definition of a tree is sketchy, forget a simple answer for a garden with trees.

Totally agree Gary! 

 

Sketchiness and subjectivity of the definition of  ‘garden’ overlaid with an apparent lack of resources and the (localised) justifiable perception of unwillingness to take action by FC hierarchy, provides for a fairly substantial degree of ‘flexibility’ in decision making for the potential transgressor - like investing money, all depends on the tolerability of Risk (and wether or not the next door neighbour is a leading light in the Green Party ?) ??

[Khriss]

How many trees DDD , cos it might K

[timberonabike]

Are you intending the removal of a block or to further thin what you have?
Not fully up with FC ruling as based in Wales, but a lot of similarities still.

Anyway, just to add that a license to thin takes a lot less application and time to return. We did this fairly recently and only took a fortnight once we'd found the relevant member of staff in NRW.