Is non determination of a section 211 a legal way of dismissing it?

[Dan Maynard]

How many cubic metres are there? Is 5 cube a quarter a drop in the ocean or would it be a viable to do over a few quarters?

[Vedhoggar]

In general a felling licence is not required if felling not more than 5m3/quarter or selling more than 2m3/quarter, if more than this is to be felled or sold then a felling licence will be required first, then 6 weeks notice given to planning authority otherwise just need to given planning authority 6 weeks notice.

[daltontrees]

2 hours ago, Vedhoggar said:

In general a felling licence is not required if felling not more than 5m3/quarter or selling more than 2m3/quarter, if more than this is to be felled or sold then a felling licence will be required first, then 6 weeks notice given to planning authority otherwise just need to given planning authority 6 weeks notice.

I  guess you haven't read the many lengthy posts. If you get a felling license you don't need to put in a s.211 notice.

 

[Vedhoggar]

5 hours ago, daltontrees said:

I  guess you haven't read the many lengthy posts. If you get a felling license you don't need to put in a s.211 notice.

 

Read quickly through posts so might have missed something but as I understand it the Forestry Authority in England will notify LPA about the application and get opinion but once felling licence has been issued you need to give the LPA a min of 6 weeks notice before undertaking the work within 2 years of work starting in order to give LPA time to protect trees with a TPO before commencement of work. This is how it used to be unless things have changed. 

Edited March 1, 2021 by Vedhoggar

[dumper]

Slightly different approach what is to stop you pollarding the poplar and reducing the leylandi hedge buy 50 to 75 % then felling less than 5 m3 each quarter till your done

[daltontrees]

3 hours ago, Vedhoggar said:

Read quickly through posts so might have missed something but as I understand it the Forestry Authority in England will notify LPA about the application and get opinion but once felling licence has been issued you need to give the LPA a min of 6 weeks notice before undertaking the work within 2 years of work starting in order to give LPA time to protect trees with a TPO before commencement of work. This is how it used to be unless things have changed. 

Not so. The 2012 Regulations are clear that tree works in a CA are exempt from control (and therefore from the need to notify) if they already have a felling license.

Unfortunately the FC's online guidance is incorrect on this point.

[daltontrees]

1 hour ago, dumper said:

Slightly different approach what is to stop you pollarding the poplar and reducing the leylandi hedge buy 50 to 75 % then felling less than 5 m3 each quarter till your done

Nothing? You don't need a license for pruning unless it will kill the tree.

[Paul73]

Thanks for the idea about prunig to avoid the need for a licence Dumper. This might be tricky in this particular setting -for one thing a lot of tree top would have to clear a lot of closely packed lower branches right next to a big road but it is an interesting idea. Having given notice to fell, does that allow one to prune or is notice to fell only going to give no objection to felling not no objection to pruning? Does anyone know a clear answer to this|?

 

I am not too clear how to calculate amentity tree volumes -they do grow differently from forestry plantation trees  don't they -generally more branch and less high trunk. There are 24 poplars generally over 30 metres tall with average diameters of about 550 mill, there are 20 Leylands probably a shade under 20 metres tall on average with diameters that average around 500 mill. There must be 1.5 cubic metres per poplar and a Leyland trunk must have at least 1 cubic metre per trunk? anyone who is good at calculating volumes is welcome to improve on my estimates but there must be more than 40 cubic metres and I would hope less than 80. 

 

Thanks for your advice gents. At least I will be able to come back to the clients with some ideas.

 

[Jon Heuch]

On 03/03/2021 at 16:59, Paul73 said:

I am not too clear how to calculate amentity tree volumes -

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826786/TimberVolumeCalculator.pdf

 

I need to check the precise terminology but it is the volume of timber that is of interest, not the volume of wood. Branches are mostly irrelevant. You therefore need to consider small end diameter and the larger it is, the smaller the volume of timber for any particular tree. You would not be expected to get it to the nearest cm cubed and a rough calculation based on the shown calculator should be sufficient. My reading of the table is that they might say one large poplar tree could be more than 5 cubic metres.

[Paul in the woods]

If you have some time to read through it the Forest mensuration handbook might be worth a look.

 

https://www.forestresearch.gov.uk/documents/1963/FCBK039.pdf