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. 

[trigger_andy]

2 hours ago, jfc said:

You can ring the FC for advice, but if it is not a garden you will need a licence and a replanting programme. It can open a can of worms! Is this in Angus?

Its a well over grown garden (I think?) Looks like a Greenhouse was there but all thats left is the concrete pad. 

 

Yeh, Im not sure if I should play dumb or ask first? I would be replanting anyway but with fruit trees. More of an Orchard I could wizz my Ride-on Mower around but still have views out to the Hills and most importantly light. 

[trigger_andy]

38 minutes ago, scbk said:

I'm not a solicitor, but without a doubt the hatched area in the pic is a garden.

My House is also under that hatched area, the main building in the pic. I'll try and post some pics up, might look less like a garden when you actually see it.  

[trigger_andy]

31 minutes ago, openspaceman said:

That can be debatable, the term is within the curtilage of a dwelling in England, so it is often interpreted as  the area of land managed and enjoyed by the householder, typically shown by having been mown or cultivated. Thus an area abandoned to forest ceases to be within the curtilage.

 

I think it is all probably garden but even if not there are ways around it if you want a bit of light in.

My concern is it could be debatable and what trouble Id get in if its not classed as a garden. 

 

Im wanting more than just light in, Id like to make it my garden properly and be able to use it. Just now its just a jungle. 

[Big J]

You should get some Eastern Europeans in. They'd clear those pesky trees, double quick. Take advantage of the migrant labour whilst you can! ?

[trigger_andy]

Just now, Big J said:

You should get some Eastern Europeans in. They'd clear those pesky trees, double quick. Take advantage of the migrant labour whilst you can! ?

The costs not the issue, the fine Id get if Im wrong might be.  

 

The Eastern Europeans that at one time lived in the cottages next to me had wild parties every weekend and often during the week. Smashed the place up and had hookers in often. We had Bottles of Vodka lobbed into the 'garden/Forrest most days. My Wife was in constant fear when I went off-shore.  Thankfully they where evicted after a few months, all 9 of them.So no, no Eastern Europeans for me.

[trigger_andy]

Hard to see on Google Maps but my house is circled in Black, the other cottages in Yellow and red. The forested area is quite plain to see though, as is the shadow they throw over the field.  The other pics are just what they look like. 

[slasherscot]

1 hour ago, openspaceman said:

That can be debatable, the term is within the curtilage of a dwelling in England, so it is often interpreted as  the area of land managed and enjoyed by the householder, typically shown by having been mown or cultivated. Thus an area abandoned to forest ceases to be within the curtilage.

 

I think it is all probably garden but even if not there are ways around it if you want a bit of light in.

i think he will be dealing with scottish law???

[openspaceman]

1 minute ago, slasherscot said:

i think he will be dealing with scottish law???

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

[jfc]

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

[daltontrees]

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.