Pollarding and felling licence

[richyrich]

11 hours ago, Mick Dempsey said:

‘Maidens’ I believe is the usual term. 

👍 Sounds better🙄

[swinny]

Love these situations.

 

You can never usually get a straight answer from anyone nowadays. Even those in the know do not like to give you the specific information you need specific to your situation. 

 

All I hear about felling licenses is everyone says it takes ages to sort.

 

And it's shite how utilities, power and other folk can do what the hell they want without having to go down these routes

[Stere]

Quote

Is license required if it's pollarding a tree that's not been pollarded before and over a certain diameter? Re-pollarding exempt I think,but not 'virgin' pollards??

 

 

Sounds sensible but still no idea & what about say a a really a  ancient lapsed pollard?

 

Think they would want to know about thoose being lopped large diameter branches etc -  not some street lime done every 5 yrs or less,

 

 

 

 

 

 

 

 

[richyrich]

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1171225/FC_Tree_Felling_4_July_23_WEB.pdf

[richyrich]

1 minute ago, richyrich said:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1171225/FC_Tree_Felling_4_July_23_WEB.pdf

The guide is a bit non specific regarding pollarding, but reading between the lines , a license probably would be needed for initial pollarding. There is more information on coppicing and diameters- really they should put specific info for pollarding. I guess any legal challenges would be open to interpretation by judges, etc, since it's not actually specified- if it is, then I missed it 

[Mr. Ed]

If there's doubt about an interpretation of a rule, it can be unwise to ask for a ruling. If formally asked, there is a tendency to favour the strictest interpretation. If there really is ambiguity then you at least have a case to argue (not to say you would win in the unlikely event...) and you're unlikely to be spanked for what you've already done, although you might be asked to do it differently. Many tales of outrageously strict interpretations of rules are in the context of players who have antagonised and repeatedly dodged the law: this is certainly true of planning problems. Civil servants are humans too. 

[Jon Heuch]

On 03/11/2023 at 19:17, Paul in the woods said:

Simple question, if you pollard trees over 1.3m in a woodland would the work be subject to a felling licence if over 5 cubic meters of wood was cut?

 

There are a number of things you need to consider, forgetting the practicaility of applying for a licence & waiting for it to come through:

 

"felling" (for which you need a licence) includes wilful destruction (s35 of FA1967) so if a tree dies following your "pollarding" it could be counted towards any volume exception you have.

 

If your trees live following "pollarding" you will probably need to consider the volume of timber produced. You could follow FC guidance on this (to calculate volume) so if you are anywerhe close to 5 cu m  you had better ask the FC in part just to avoid any potential dispute (regardless of the law). If your trees live post pollarding it will be difficult for the FC to issue a restocking notice but don't think it's always simple.

 

So, if pollarding might not count as felling at what height does pollarding becoming coppicing? I wouldn't want to state that coppicing is not felling. Anything below 1.3 metres above ground level will probably be regarding as felling but at what height does pollarding become topping (definitely exempt)?  I don't know.

[Paul in the woods]

Thank you for all the replies. I probably used the wrong word in pollard as the trees would basically be topped. I hadn't realised the FC guidance allowed 'topping' although I would need to check their exact definitions.

 

In an ideal world I would simply ask my local FC officer but I expect I would be told to put in an application and then have to chase it endlessly. I'm also not keen on completing a management plan  for various reasons. Past experience has also taught me to keep quiet.

 

The reason for topping is to get them under the power cables in one go as the power will need to be turned off. I would then fell the rest over a course of a year or two so I'd be well within my exemption. 

 

I'm not worried about the trees dying as they've been cut back a few times on one side by the power company for line clearance. There's already rot pockets and fungal activity in the trunks so the trees are not in the best condition, but I couldn't claim they are dying or dangerous. 

 

As for replanting, I'll be doing that anyway, but they will be kept as a hedge.