Felling Licence

[benedmonds]

I have a developer who wants a line of trees taken down on a site which does not yet have planning permission. Do I need a felling licence?

 

It is in an urban area, but I don't think it qualifies under the exemptions..?

 

I've never applied for one before. Has anyone had grief for felling trees without one?

 

http://www.forestry.gov.uk/forestry/INFD-5YGFRM

[Bundle 2]

oh yeah....fun and games.....

[treedave]

I've not had grief personally, but there was a guy locally that was taken to court for doing exactly what you're talking about. He was told there was a licence in place, so he ended up with a fine, unlike the developer that had misled him, got a major fine and re-plant order. It still made him jack in treework though.

Do the paperwork or do the work when FULL planning permission has been got (and checked). Not worth the risk

[Bundle 2]

Felling allowances will be included in planning if the developer has done his homework...Why a licence is required!!

[skyhuck]

Just speak to the commission, I have always found them helpful.

[ScottF]

I have a developer who wants a line of trees taken down on a site which does not yet have planning permission. Do I need a felling licence?

 

It is in an urban area, but I don't think it qualifies under the exemptions..?

 

I've never applied for one before. Has anyone had grief for felling trees without one?

 

http://www.forestry.gov.uk/forestry/INFD-5YGFRM

 

If you're over the 5 cube volume limit you'll undoubtedly need one. Planning permission would provide exemption (as long s the LA didn't decide to slap TPO on them having seen the application).

 

I did job for someone recently who'd bought a house and garden which it turned out had had load of trees on it felled just prior to him buying it. He was served with a restock notice without any warning (despite the FC claiming that they had tried to contact him). The FC can now serve a restock notice without having to prosecute, and being the FC they're autocratic, arrogant and never wrong, so beware.

 

Applying for a licence is no biggie, but you will generally need to restock (although not necessarily in the same spot). If you're not going take the licence route, I'd suggest that either the client goes in for planning with a good arb survey describing the value or otherwise of the trees, or you fell in sub-5 metre parcels over however long you need.

s

[skyhuck]

 

I did job for someone recently who'd bought a house and garden which it turned out had had load of trees on it felled just prior to him buying it. He was served with a restock notice without any warning (despite the FC claiming that they had tried to contact him). The FC can now serve a restock notice without having to prosecute, and being the FC they're autocratic, arrogant and never wrong, so beware.

 

 

s

 

I don't understand this , as "gardens" are exempt.

[Quickthorn]

Also, as far as I know, the 5 cube is whole tree volume, not just timber volume.

 

I've never had to apply, that's always been done by whoever was organising the work. Turnaround time varies, but contacting your local FC office is a good idea, as they are normally quite helpful.

[Amelanchier]

I don't understand this , as "gardens" are exempt.

 

Maybe it only became a garden because all the trees had been felled...

[ScottF]

I don't understand this , as "gardens" are exempt.

 

The forestry act makes no distinction between gardens and other land because there's no legal definition of a garden. It's a pain but there it is. I've seen a number of arb contractors pursued for felling trees on private land. The felling licence issue is often used as a basis to punish somebody when the council's slipped up and failed to protect trees. This was certainly the case in the instance I cited above. It was used as a beating stick of last resort where the trees weren't protected, they weren't in a CA but the councillor who lived down the road happened to hate the guy who felled the trees so he badgered the FC until they very reluctantly got out of their nice warm office to come and have a look.

 

I think the 5 cube figure would just be interpolated up from the tree's dbh and form using the mensuration tables.

 

It's worth mentioning that this applies to healthy, growing trees. If the trees are to be removed because of a health or safety issue, then the licence isn't needed.