Tree removal in Scotland

[trigger_andy]

Hey all,

 

so I have the chance to buy the house Im renting in a month or two. Ive been renting here for 4 years and the house has a nice plot. Its about 5000sq/m.

 

As you can see in the drawing below there is the main garden and a forested section, its been left to its own devices over the last goodness knows how many decades and is a complete light blocker to the house from 12:00 to Sun Down. There is a Cement Pad at the rear of the House thats now over grown, but looks like it was a Green House at one point of its life.

 

My house is the one in the red Hatching lines. 

 

So my question is can I clear fell these tree's as its technically my garden? Or do I need to obtain a felling licence? Or is there a certain about of timber I can fell a year per Acre? I read somewhere it was 7 ton per Acre a year but cant remember where I read that? 

 

Thanks all. 

[daltontrees]

On 28/05/2019 at 23:45, openspaceman said:

Which is why I mentioned the law in England .

 

Anyway I don't see much of  problem  by using exemptions he''ll get there in 4 quarters without resorting to lopping and topping, in the absence of TPOs

Quite right to point out the different law regimes, but please note the rules are substantially different up here now especially with removal of the 5 cube exemption for native species.

See above my reply to OP, I don't think it's clear-cut that there's not much of a problem.

 

[trigger_andy]

On 29/05/2019 at 08:07, jfc said:

Your solicitor should be able to advise what status the land is. If it is in the deeds to your house then should be fine.

If you need a hand or advice after the sale I know guys in Angus, or I can pop up from North Fife.

Jan

Cheers Jan. Appreciate it.  

[trigger_andy]

1 hour ago, daltontrees said:

The Forestry Commission no longer exists in Scotland, it has been replaced by a government agency. The Forestry Act has been repealed, and so the rules and exemptions don't apply. We have a new Act and a separate set of Regulations.

The rules are a little simpler than before. There is an exemption for 5 cu.m. a quarter. Also for trees in a 'garden'. No definition of 'garden'. But the 5 cube exemption is withdrawn if the trees are a native woodland.

From the plan and aerial photo, I'd say you need to be cautious, the trees are more than just part of a garden and look to be substantially native species within a small woodland. In other words (if I'm right) you cannot fell anything without a license.

If it's not urgent, ask Scottish Forestry. You don't want to be their first prosecution.

 

I do think I need to be caution, hence why Im asking here just to be safe. The Trees are generally not that old and have been left to grow wild over the last 30 odd years and have almost swallowed up the Greenhouse Pad. 

In another section of the plot there is planted softwood. Im assuming I could remove them?

 

Yes, I think I'll just ask them. Especially since I might not be able to remove the 5 cubes a quarter. 

 

Thanks again. 

[openspaceman]

3 hours ago, daltontrees said:

Quite right to point out the different law regimes, but please note the rules are substantially different up here now especially with removal of the 5 cube exemption for native species.

 

Not a bad change IMO, when I started you could fell 30m3 without a licence and that was 2 six wheeler loads.

 

Will they have the staff to handle it? What is the statute of limitations on the offence of felling without a licence?

[scbk]

On ‎30‎/‎05‎/‎2019 at 08:58, daltontrees said:

The Forestry Commission no longer exists in Scotland, it has been replaced by a government agency. The Forestry Act has been repealed, and so the rules and exemptions don't apply. We have a new Act and a separate set of Regulations.

The rules are a little simpler than before. There is an exemption for 5 cu.m. a quarter. Also for trees in a 'garden'. No definition of 'garden'. But the 5 cube exemption is withdrawn if the trees are a native woodland.

 

Interesting, it's not something I'd heard about before

 

https://forestry.gov.scot/support-regulations/felling-permissions

 

"You may fell:

1. Up to five cubic metres of timber within any set calendar quarter [1 January to 31 March; 1 April to 30 June; 1 July to 30 September; 1 October to 31 December]. This exemption does not apply in native broadleaved woodland between 0.1 and 0.5 hectares inclusive, and Caledonian Pinewood sites."

 

Which seems a bit strange? If a woodland is say 1 acre it needs a felling licence to do almost anything, but if it's 1.5 acre, you can fell 20 cube a year?!

[openspaceman]

9 hours ago, scbk said:

Interesting, it's not something I'd heard about before

 

https://forestry.gov.scot/support-regulations/felling-permissions

 

"You may fell:

1. Up to five cubic metres of timber within any set calendar quarter [1 January to 31 March; 1 April to 30 June; 1 July to 30 September; 1 October to 31 December]. This exemption does not apply in native broadleaved woodland between 0.1 and 0.5 hectares inclusive, and Caledonian Pinewood sites."

 

Which seems a bit strange? If a woodland is say 1 acre it needs a felling licence to do almost anything, but if it's 1.5 acre, you can fell 20 cube a year?! 

Makes sense, it means you cannot clear cut any woodland without a licence by repeatedly using the exemption. It should preserve small native woods without making applications for trivial management in woodland.

[aesmith]

On 30/05/2019 at 11:00, trigger_andy said:

Yes, I think I'll just ask them. Especially since I might not be able to remove the 5 cubes a quarter. 

 

I think your local Planning Dept should be able to tell you how the land is currently classified, for example in the past there may have been a Change of Use planning permission to change from agricultural land to garden ground.

[trigger_andy]

1 hour ago, aesmith said:

I think your local Planning Dept should be able to tell you how the land is currently classified, for example in the past there may have been a Change of Use planning permission to change from agricultural land to garden ground.

Cheers,

 

that might be another way to go. I'll try that first.  

 

Interview over the phone with the bank for the Mortgage, approved in Principle so far but this next 2 hour phone call will be the deciding call. ? Could have the house bought by the end of the month if all going well.