Planning permission and felling license

[hamer5108]

Hi if there's planning permission to take tpo trees down do I still need a felling license? Thank you 

[daltontrees]

No License needed. Exempt due to s.9.(4)(d) of the Forestry Act 1967 but the felling needs to be 'immediately required" i.e. can't just do it as soon as you get planning permission, in case the development doesn't go ahead for any reason. To be on the right side of the law it should be felling that is part of a commitment to carrying out some aspect of the development that can't happen until the trees are out of the way. Also note, has to be 'required', not just desirable or convenient.

If it's ony TPO consent you have rather than a planning permission for development, it's not quite so clear, but I cna't see any public interst being served by one public body (FC) preventing something that has been legitimised in pari materia by another public body (Council).

[hamer5108]

Thank you very much