Felling Licence

[Frimsley]

Trees in residential gardens are exempt from felling licence requirements, along with orchards, churchyards and "designated open spaces" (under the Commons Act 1899).

 

The legal definition of a garden is constantly developing. The recent Rockall v DEFRA appeal (see http://www.bailii.org/ew/cases/EWHC/Admin/2008/2408.html

if you're having difficulty getting to sleep) seems to have widened it somewhat. Rockall successfully argued that an area of alder regen he cleared from a large plot was indeed part of his garden. The OP's question doesn't make it sound like a garden though, unless this is a backlands development.

 

Those who reckon the FC are less likely to prosecute than an LPA are, I fear, deluding themselves. Not only are the FC hot on prosecuting, they're lawyers are rather more used to doing it than LPA lawyers, who have an awful lot of other legislation to worry about. Don't take the chance.

[Andy Collins]

So, to clarify, where does a residential garden stop being a garden and require a FL? For arguements sake, a large house set in 20acres of grounds, trees all around it (continuous cover?) maybe a flock of sheep grazing to keep the grass down. Still a residential property, but what of the trees?

[skyhuck]

So, to clarify, where does a residential garden stop being a garden and require a FL? For arguements sake, a large house set in 20acres of grounds, trees all around it (continuous cover?) maybe a flock of sheep grazing to keep the grass down. Still a residential property, but what of the trees?

 

A "garden" is on your deeds as such, if you wish to make a field next to your house into "garden" you need planing permission.

[Andy Collins]

Ahaa, sort of answers the question then, ta. But many people dont have access to their deeds, maybe in the hands of the mortgage co, the official receiver, or buried in the bottom of a very large safe, so is it possible to check out the details?

[benedmonds]

Ahaa, sort of answers the question then, ta. But many people dont have access to their deeds, maybe in the hands of the mortgage co, the official receiver, or buried in the bottom of a very large safe, so is it possible to check out the details?

The Land registry will show you online for two quid, takes about 2 minutes for most properties..

 

http://www.landregisteronline.gov.uk/lro/servlet/TitleSearchServlet

[Buzz]

As Frimsley said there is no legal definition, just phone up the commision and get the lazy buggers to come out.

[Andy Collins]

Cheers Matt, useful link