Woodland V Gardens/Grounds.

[Gary Prentice]

For 'felling licence' purposes, is there a definitive difference? I've a client with a large garden of around 3 hectares (Total plot including buildings, lakes, tennis courts etc).

 

Some of the plot is relatively heavily wooded, with one area along a boundary maybe 50m wide with trees. Everywhere has been landscaped, historically, and maintained as gardens with gravel paths through the wooded areas.

 

So, felling licence required or exempt?

[Lyncombe-climber]

If its only thinning then no.

[Charlieh]

Ring your FC woodland area officer is the best way, there have been prosecutions for farmers who have been restoring hedges (under stewardship schemes) charged with illegal felling (where they have exceded the 5cu/mtr limit). I would suggest normally in a small domestic situation you would be excempt, but give the details of size of the woodland area it would be worth asking the question to them. Unless you are going to remove under 5cu/mtrs per calendar quater

[Gary Prentice]

I don't particularly want to talk to anyone official, just to have all the answers when the proverbial hits the fan.

 

Not thinning and definitely exceeding 5 cu m. The land is rated as a garden, ie council tax as a domestic residence, has never been classed as agricultural etc but just has a lot of trees.

[openspaceman]

I don't particularly want to talk to anyone official, just to have all the answers when the proverbial hits the fan.

 

Not thinning and definitely exceeding 5 cu m. The land is rated as a garden, ie council tax as a domestic residence, has never been classed as agricultural etc but just has a lot of trees.

 

The definition is within the curtilage of a dwelling, this can be a large area if the garden is maintained with lawns mown and flower beds weeded but if there is a delineation between the "managed" part of the garden and the woodland then felling licence regulations apply.

[joeydaniels]

you still need a felling licence for thinnings unless pre approved under a management plan for a woodland. This may be classed as garden where the authority changes to the local council. Check for tpos or conservation area. Sounds very foolhardy to not consult either the woodland officer or council tree officer in this instance, unless you can afford the potential consequences

[Gary Prentice]

I don't particularly want to talk to anyone official, just to have all the answers when the proverbial hits the fan.

 

Not thinning and definitely exceeding 5 cu m. The land is rated as a garden, ie council tax as a domestic residence, has never been classed as agricultural etc but just has a lot of trees.

 

you still need a felling licence for thinnings unless pre approved under a management plan for a woodland. This may be classed as garden where the authority changes to the local council. Check for tpos or conservation area. Sounds very foolhardy to not consult either the woodland officer or council tree officer in this instance, unless you can afford the potential consequences

 

Have you read the thread? Having worked in this industry for nigh on thirty years I'm well aware of TPO's, CAs, Conditions of Planning Consent, Felling Licences etc. And no I'm not foolhardy.

 

Our client wishes to fell some trees to build something that doesn't require planning consent. If the LPA get involved the entire property is likely to become subject to an Order. I've advised my client of this.

 

My question is/was ' when does a garden become a wood?' The only reference I can find to this question in Charles Mynors 'The Law of Trees, Forests and Hedges' relates to McInerney v Portland Port Ltd (2001), to which I can't find any other reference to on the internet.

[joeydaniels]

sorry for insulting you with an answer, if you already know the answer why bother asking the question???

[Gary Prentice]

The definition is within the curtilage of a dwelling, this can be a large area if the garden is maintained with lawns mown and flower beds weeded but if there is a delineation between the "managed" part of the garden and the woodland then felling licence regulations apply.

 

Have you a source for the definition? I think it would be difficult to define how a wooded area within a garden/grounds would be managed. The canopy density prevents flower beds and lawns, but there is no understorey present. There's no natural growth such as bramble, no natural regeneration. Could this still be classed as being managed.

 

In the properties previous use, all the grounds were open to the clients/users, with proper paths through the wooded areas and around the lakes. ie I would assume that the entire site was managed.

 

Strangely enough, there is still a planning consent valid, from the previous occupiers for a very large extension/development. This would have had an impact on part of the wooded area, but the LA never requested an AIA or saw fit to protect the site in any way.

[Gary Prentice]

sorry for insulting you with an answer, if you already know the answer why bother asking the question???

 

Cos I still don't know the answer. With the properties current use, as a garden with significant areas of trees is it exempt from requiring a felling licence. The FC doesn't define what a garden is, dictionary definitions may not necessarily be relied on in court.

 

My apologies for the tone of my previous post, I was wrong:blushing: