Felling Licence Enforcement on replanting, does it transfer with ownership?

[TreeAbility]

My client is buying a plot of land but the FC/Forestry England are currently in enforcement action on the current owner who hasn't replanted after being granted a felling licence to fell with the condition to replant.  We're presuming the requirement to replant will transfer over with ownership and my customer will be responsible to replant but any info or guidance from people in the know would be appreciated? 

Wouldn't make sense for it to stop with the change of ownership otherwise you'd get unscrupulous people fold the Ltd company and sell up/transfer ownership with no trees getting replanted???

TIA

[Paul in the woods]

The .GOV guidance seems clear.

 

https://www.gov.uk/guidance/tree-felling-licence-when-you-need-to-apply#selling-land-with-a-felling-licence

 

Selling land with a felling licence

 

When you sell land covered by a live felling licence, any remaining felling permissions automatically transfer to the new owner (or other person with sufficient legal interest in the land). 

 

The same is true of any restocking conditions attached to the felling licence. Any conditions that have been engaged by previous felling will become the new owner’s obligation to comply with. Equally, if the new owner undertakes further felling under the licence, they will be bound by any further restocking conditions that are engaged. 

 

Enforcement proceedings for non-compliance with felling licence conditions can be taken against whoever is the owner of the land at the time that the conditions must be complied with. This may be the original licence holder or any subsequent owner of the land.  

 

Whoever is the owner of the land at the time of non-compliance with the licence conditions may be served with an enforcement notice under section 24 of the Forestry Act 1967. An enforcement notice places a duty on the owner to comply with the conditions of the felling licence. Non-compliance with such a notice is a criminal offence, for which you can be prosecuted. 

 

An individual may be served with an enforcement notice, even where the previous owner undertook the felling, and neither the previous nor current owner have ensured compliance with the engaged conditions. 

 

Further enforcement notices may be served on any subsequent landowners.

Edited July 4 by Paul in the woods

[TreeAbility]

1 hour ago, Paul in the woods said:

The .GOV guidance seems clear.

 

https://www.gov.uk/guidance/tree-felling-licence-when-you-need-to-apply#selling-land-with-a-felling-licence

 

Selling land with a felling licence

 

When you sell land covered by a live felling licence, any remaining felling permissions automatically transfer to the new owner (or other person with sufficient legal interest in the land). 

 

The same is true of any restocking conditions attached to the felling licence. Any conditions that have been engaged by previous felling will become the new owner’s obligation to comply with. Equally, if the new owner undertakes further felling under the licence, they will be bound by any further restocking conditions that are engaged. 

 

Enforcement proceedings for non-compliance with felling licence conditions can be taken against whoever is the owner of the land at the time that the conditions must be complied with. This may be the original licence holder or any subsequent owner of the land.  

 

Whoever is the owner of the land at the time of non-compliance with the licence conditions may be served with an enforcement notice under section 24 of the Forestry Act 1967. An enforcement notice places a duty on the owner to comply with the conditions of the felling licence. Non-compliance with such a notice is a criminal offence, for which you can be prosecuted. 

 

An individual may be served with an enforcement notice, even where the previous owner undertook the felling, and neither the previous nor current owner have ensured compliance with the engaged conditions. 

 

Further enforcement notices may be served on any subsequent landowners.

Thanks Paul, great link.  I've found out some further info which may be useful for people too.  

 

If an enforcement notice has been served already, the date it was served is important – if January 1^st 2023 or later, that enforcement notice also stays on the land not the owner same as above. If served before 01 Jan ’23, it is on the owner not the land, the owner the notice was served on remains responsible for restocking, and a new owner of the land is not responsible.