Does one need a felling license for a commercial site?

[Martin du Preez]

The gov page seems very vague, would one need a felling license for a commercial site, development is to happen but planning hasn’t been achieved yet?

[daltontrees]

Yes. The planning exemption is only when there is detailed planning permission AND the trees have to be removed to implement the permission (not necessarily all tree on the site) AND removal is immediately required (you can't just clear the trees unless you're about to start development).

[Martin du Preez]

Many thanks, so the only exemption applies to the surrounding of a domestic garden and not a commercial or industrial site?

[daltontrees]

There are several exemption types. I onle mentione dthe plannign situation. The FC guidance (downloadable) should keep you right.

[Dan Maynard]

4 hours ago, daltontrees said:

Yes. The planning exemption is only when there is detailed planning permission AND the trees have to be removed to implement the permission (not necessarily all tree on the site) AND removal is immediately required (you can't just clear the trees unless you're about to start development).

Am I right in thinking this would mean a tree survey would have been part of the planning app, so works required are effectively described in there ?

[daltontrees]

2 hours ago, Dan Maynard said:

Am I right in thinking this would mean a tree survey would have been part of the planning app, so works required are effectively described in there ?

Well probably. By law a planning authority can refer an application to FC to advise as if it were a Felling License application and FC can also refer a FL application to planning to treat as a planning application. In a rare example of joined up legislation the system can do this depending on which agenda is more important. And equally a FL precludes the need for PP and vice versa. So if I was a bod at FC getting a PP application sent to me for comment I'd want a tree survey that allows me to know what I'm indirectly licensing. And vice versa. Both parties should be concerned with only allowing exemption for the tree removals that are necessary to give effect to the planning or forestry objectives. Never an excuse to raze the lot to the ground just because there's a license or permission for the site. Worth noting too that FC (or in my experience Scottish Forestry) will have a strong say in whether onsite or offsite compensatory planting is required, much as if it were conditioning a License with a restocking requirement.

[Frod]

Just to follow on from this - would you need a felling license to remove dead and dying ash trees from the roadside edge of a field. There would be considerably more timber than 5m3…

[Paul in the woods]

23 minutes ago, Frod said:

Just to follow on from this - would you need a felling license to remove dead and dying ash trees from the roadside edge of a field. There would be considerably more timber than 5m3…

 

This is worth a read: https://www.gov.uk/guidance/managing-ash-dieback-in-england

 

 

Quote

Felling diseased ash requires a felling licence from the Forestry Commission, unless the trees are dead or pose a real and immediate danger. 

 

Thats for England.

[Frod]

Thanks for that, I knew I’d read it but then couldn’t find it again for some reason. 
 

should be difficult to argue roadside trees don’t pose a credible risk once showing advance signs of dieback.