Felling licence

[Ty Korrigan]

I know little about the administration surrounding trees in the U.K

Would such work require a felling licence?

Hot topic amongst some friends.

I cannot link directly as it simply says 'log into FB'

  Stuart

 

 

[Paul in the woods]

You'd need to provide more detail. There are plenty of exemptions, such as felling in a garden or "open public space". I also think power companies are exempt and councils are a law unto themselves.

[Ty Korrigan]

If you search the FB page 'Angry people in newspapers' it carries the article.

It appears to be a privately owned verge.

Not council property.

[Paul in the woods]

This story gives some detail: https://www.getsurrey.co.uk/news/surrey-news/like-warzone-box-hill-residents-20765568

 

So it looks like privately owned trees, not subject to a TPO. I would guess not subject to a felling licence as they'd be in a garden.

 

Anyone could complain to the FC if they wish.

 

[daltontrees]

This appears to be a breach of the Forestry Act as there are no clear exemptions that could have been used to avoid the need for a felling license.

[daltontrees]

46 minutes ago, Paul in the woods said:

This story gives some detail: https://www.getsurrey.co.uk/news/surrey-news/like-warzone-box-hill-residents-20765568

 

So it looks like privately owned trees, not subject to a TPO. I would guess not subject to a felling licence as they'd be in a garden.

 

Anyone could complain to the FC if they wish.

 

They're not in a garden, thye are in the verge of a public road.

Edited June 11, 2021 by daltontrees

[daltontrees]

1 hour ago, Paul in the woods said:

You'd need to provide more detail. There are plenty of exemptions, such as felling in a garden or "open public space". I also think power companies are exempt and councils are a law unto themselves.

It's 'public open spaces' and they are defined in the Forestry Act and can't ever include public road corridors unless laid out as a public garden or used for the purpose of public recreation.

Utilities are exempt only if (and to the extent that) the trees are causing operational problems.

 

Councils are not exempt.

Edited June 11, 2021 by daltontrees

[Paul in the woods]

14 minutes ago, daltontrees said:

They're not in a garden, thye are in the verge of a public road.

Are they? What is the definition of a verge? I have trees that are in my garden but also on the border the road.

 

From the story I linked to the highways dept doesn't know if they are on their land or not. If they are on private land it is likely they will be part of the garden of the property.

 

Without knowing the full facts and establishing the exact ownership (something that can be costly and take months) you can't say if a FL is required or not, or indeed if any other laws have been broken.

Edited June 11, 2021 by Paul in the woods

[daltontrees]

The picture shows the stumps on a publicly accessible verge which might be in private ownership but is separated from the garden by a brick boundary wall. It's not the ownership that counts, it's the use.

 

I'm not saying the law has been broken. I said "This appears to be a breach of the Forestry Act as there are no clear exemptions that could have been used to avoid the need for a felling license." That is based on what anyone reading this post and its various links could know and see.

 

 

[Paul in the woods]

Just because there's a wall it doesn't mean it's the boundary does it? They may have just wanted to enclose their front garden. I've build walls at the front of properties that are not right on a boundary. I currently have an area at the front of my drive that isn't enclosed, it allows cars to pass on a narrow road. It is not public property.

 

From the article linked "A Surrey County Council spokesperson said its highways team had not felled any trees within 650m either side of Usherwood Close.

They added: "We have not sanctioned any works on these trees. The trees may or may not be on the highway verge, and will require a site visit to measure where they sit on the boundary or verge."

Highways will be arranging for someone to visit to ascertain the ownership of the trees and to decide what action could be taken, if they were public trees.