Part IIE+W+S F1... Power to Control Felling of Trees

Restriction of fellingE+W+S

[F29 Requirement of licence for felling. E+W+S

(1)A felling licence granted by the [F3appropriate forestry authority] shall be required for the felling of growing trees, except in a case where by or under the following provisions of this Part of this Act this subsection is expressed not to apply.

(2)Subsection (1) above does not apply—

(a)to the felling of trees with a diameter not exceeding [F48 centimetres] or, in the case of coppice or underwood, with a diameter not exceeding [F415 centimetres]; or

(b)to the felling of fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space; or

(c)to the topping or lopping of trees or the trimming or laying of hedges.

(3)Subsection (1) above does not apply to the felling by any person of trees on land in his occupation or occupied by a tenant of his—

(a)where the trees have a diameter not exceeding [F410 centimetres] and the felling is carried out in order to improve the growth of other trees; or

(b)where the following conditions are satisfied, that is to say—

(i)the aggregate cubic content of the trees which are felled [F5in the relevant territory] by that person without a licence (exclusive of trees to whose felling subsection (1) above does not apply) does not exceed [F65 cubic metres] in any quarter; and

(ii)the aggregate cubic content of the trees so felled which are sold by that person whether before or after the felling (exclusive as aforesaid) does not exceed [F62 cubic metres] in any quarter, or such larger quantity as the [F7appropriate forestry authority] may in a particular case allow.

(4)Subsection (1) above does not apply to any felling which—

(a)is for the prevention of danger or the prevention or abatement of a nuisance;

(b)is in compliance with any obligation imposed by or under an Act of Parliament, including this Act;

(c)is carried out by, or at the request of, [F8an electricity operator, because the tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by the operator as to have the effect mentioned in paragraph 9(1)(a) or (b) of Schedule 4 to the Electricity Act 1989;]

(d)is immediately required for the purpose of carrying out development authorised by planning permission granted or deemed to be granted under [F9the Town and Country Planning Act 1990] or the enactments replaced by that Act F10... .

(5)Regulations made by the [F11appropriate legislative authority] under this Part of this Act may modify subsections (2) to (4) above as follows, that is to say—

(a)they may provide for additional exceptions from the application of subsection (1) above and may in particular substitute—

(i)in subsection (2)(a), for the reference to [F48 centimetres] a reference to a larger diameter;

(ii)in subsection (3)(a), for the reference to [F410 centimetres] a reference to a larger diameter;

(iii)in subsection (3)(b) for the reference to [F430 cubic metres] or the reference to [F45·5 cubic metres] in either case a reference to a larger quantity;

(b)they may substitute in subsection (2)(a) for the reference to [F415 centimetres] a reference to a smaller diameter; and

(c)they may restrict or suspend the exception in subsection (3)(b) and may in particular substitute, for the reference in sub-paragraph (i) to [F430 cubic metres], or for the reference in sub-paragraph (ii) to [F45·5 cubic metres], in either case a reference to a smaller quantity;

and the said subsections shall have effect with any modification made by regulations under this subsection.

(6)In this section—

• [F12 “ electricity operator ” means a licence holder within the meaning of Part I of the Electricity Act 1989 by whom the powers conferred by paragraph 9 (tree lopping) of Schedule 4 to that Act are exercisable; ]

• [F12 “ electric line ” and “ electric plant ” have the same meanings as in Part I of the Electricity Act 1989; ]

• “public open space” means land laid out as a public garden or used (otherwise than in pursuance of section 193 of the M1Law of Property Act 1925 or of Part V of the National Parks and Access to the M2Countryside Act 1949 [F13 or Part I of the Countryside and Rights of Way Act 2000][F14or of Part II or section 48 of the M3Countryside (Scotland) Act 1967]) for the purpose of public recreation, or land being a disused burial ground;

• “quarter” means the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year;

• [F15“relevant territory” means—

  (a)

  England F16... where the felling is carried out in England F17...;

  (b)

  Wales where the felling is carried out in Wales;]

and references to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point [F41·3 metres] above the ground level; . . . F18

10 Application for felling licence and decision of Commissioners thereon.E+W+S

(1)An application for a felling licence may be made to the [F19appropriate forestry authority] in the prescribed manner by a person having such an estate or interest in the land on which the trees are growing as enables him, with or without the consent of any other person, to fell the trees.

(2)Subject to the provisions of this Act (and, in particular, to their duty to take advice under section 37(3), the [F19appropriate forestry authority] may on any such application grant the licence, or grant it subject to conditions, or refuse it, but shall grant it unconditionally except in a case where it appears to them to be expedient to do otherwise—

(a)in the interests of good forestry or agriculture or of the amenities of the district; F20[F21or]

(b)for the purpose of complying with their duty of promoting the establishment and maintenance F22... of adequate reserves of growing trees. [F23; or]

[F23(c)for the purpose of conserving or enhancing the flora, fauna or geological or physiographical features, or the natural beauty or amenity, of any land.]

[F24(c)in relation to land in Wales, after consultation with the applicant for the licence, for the purpose of—

(i)conserving or enhancing natural beauty;

(ii)conserving flora, fauna, geological or physiographical features, or natural habitats.]

(3)A felling licence shall continue in force for such period (not being less than one year from the date on which it is granted) as may be specified therein.

[F25(3A)The‍ Natural Resources Body for Wales, and the person responsible, may agree to amend the licence at any time (but see section 10A, which imposes further requirements in relation to amendments in respect of trees to which a tree preservation order relates).

(3B)For the purposes of subsection (3A) of this section, and section 10A, the person responsible is—

(a)the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in subsection (1), or

(b)if the applicant no longer has such estate or interest, a person who has such estate or interest.]

(4)If in the case of any trees the [F19appropriate forestry authority] refuse an application for a felling licence, the consequences shall be as follows:—

(a)except in a case to which section 14(4) below applies, any person who is for the time being the owner of the trees shall be entitled to compensation under and in accordance with the next following section; and

(b)if the land on which the trees are growing is, or in the opinion of the [F19appropriate forestry authority] will be, managed in a manner approved by them, the [F19appropriate forestry authority] may (subject to section 14(5) below), if they think fit and subject to the approval of the treasury [F26as regards land in [F27England or Wales] F28...], make to persons interested in the land advances by way of loan of such amounts, upon such terms and subject to such conditions, as they may determine.

(5)At any time after a felling licence has been refused by them in the case of any trees, the [F19appropriate forestry authority] may, if they think fit, give notice to the owner of the trees that they are prepared to grant a felling licence for the trees either unconditionally or subject to conditions described in the notice; and if the [F19appropriate forestry authority] give such a notice and an application is duly made to them for a felling licence, they shall grant a licence in accordance with the notice, subject to sections 13(2) and 15 below.

(6)When the [F19appropriate forestry authority] refuse to grant a felling licence, they shall give notice in writing to the applicant of the grounds for the refusal.

(7)Where application is made for a felling licence for trees on land which is subject to a forestry dedication covenant F29..., and the licence is refused, no breach of the covenant F29... shall be deemed to have occurred by reason of anything done or omitted in consequence of the refusal.

[F3010AAmendments made under section 10(3A) that affect tree preservation ordersE+W

(1)The provisions of this section apply if—

(a)an amendment to a licence under section 10(3A) is proposed in respect of any trees to which a tree preservation order relates, and

(b)the Natural Resources Body for Wales does not consider that the amendment is necessary to respond to an imminent and serious risk of harm to—

(i)natural beauty, or

(ii)flora, fauna, geological or physiographical features, or natural habitats.

(2)Before amending the licence, the Natural Resources Body for Wales must give notice in writing of the proposal to the authority by whom the tree preservation order was made.

(3)If, within the prescribed period, the authority by whom the tree preservation order was made objects to the amendment in so far as it affects trees to which the tree preservation order relates, and does not withdraw its objection, the Natural Resources Body for Wales must refer the matter to the Welsh Ministers.

(4)If a matter is referred to the Welsh Ministers under subsection (3), the Welsh Ministers may decide to—

(a)grant consent to the amendment, or

(b)refuse to grant consent (in which case the amendment cannot be made).

(5)Where the Natural Resources Body for Wales has given notice in writing under subsection (1) to an authority in respect of a proposed amendment, the proposed amendment cannot be made until—

(a)the period prescribed under subsection (3) has ended without the authority having objected (or, if the authority has objected, that objection has been withdrawn), or

(b)if the Natural Resources Body for Wales has referred the matter to the Welsh Ministers, the Welsh Ministers have given their decision on the matter.

(6)Before deciding whether to grant or refuse consent under subsection (4), the Welsh Ministers must consult—

(a)the person responsible (see section 10(3B));

(b)the Natural Resources Body for Wales;

(c)the authority by whom the tree preservation order was made.]

11 Terms of compensation on refusal of licence.E+W+S

(1)The compensation to which a person may become entitled under section 10(4)(a) above is for any depreciation in the value fo the trees which is attributable to deterioration in the quality of the timber comprised therein in consequence of the refusal of a felling licence for them.

(2)Compensation under this section shall be recoverable from the [F31appropriate forestry authority] on a claim made in the prescribed manner.

(3)Claims for compensation in the case of any trees may be made from time to time in respect of deterioration taking place after the refusal of a felling licence for those trees, but—

(a)no such claim shall be made in respect of deterioration taking place more than ten years before the date of the claim; and

(b)if the trees have been felled, no such claim shall be made after the expiration of one year from the date of the felling.

(4)In calculating compensation,—

(a)no account shall be taken of deterioration in the quality of the timber which is attributable to neglect of the trees after the refusal of a felling licence for them; and

(b)the value of the trees at any time shall be ascertained on the basis of prices current at the date of the claim.

(5)If after refusing a felling licence the [F31appropriate forestry authority] under section 10(5) above subsequently give notice to the owner of the trees that they are prepared to grant a licence, then in calculating compensation payable in consequence of the previous refusal no account shall be taken of deterioration occurring after the giving of the notice.

(6)Any question of disputed compensation shall be determined in accordance with section 31 of this Act.

12 Conditional licences.E+W+S

(1)The conditions which may under section [F3210(2)] F33[F3210(2)(a) or (b)] above be attached to a felling licence are such as the [F34appropriate forestry authority], after consultation with the applicant for the licence, determine to be expedient for securing—

(a)the restocking or stocking with trees of the land on which the felling is to take place, or of such other land as may be agreed between the [F34appropriate forestry authority] and the applicant; and

(b)the maintenance of those trees in accordance with the rules and practice of good forestry for a period not exceeding ten years.

(2)No conditions shall be imposed [F35under section 10(2)(a) or (b) above] on the grant of a felling licence where it is for trees on land subject to a forestry dedication covenant F36... [F37and the felling is in accordance with a plan of operations or other working plan approved by the [F34appropriate forestry authority] and in force under the covenant F36... ].

13 Deferred decision on application.E+W+S

(1)Where a person applies for a felling licence and the [F38appropriate forestry authority] do not within three months after receiving the application, or within such further time as may be agreed with the applicant, give notice to him of their decision on the application (including any reference of the application under section 15 of this Act) the provisions of this Part of this Act shall apply in relation to the application as if it had been refused.

(2)If on an application for a felling licence—

(a)the [F38appropriate forestry authority] determine to grant the licence subject to conditions; and

(b)it appears to them that the applicant is not entitled to an interest in land which would enable him to comply with those conditions;

they may give notice in writing to that effect to the applicant and postpone consideration of the application until the person entitled to such an interest is joined as a party thereto.

Where a notice under this subsection is given, subsection (1) above shall apply as if, instead of referring to a period of three months after the [F38appropriate forestry authority] receive the application, it referred to a period of three months after the date on which the person entitled to such interest in the land as is mentioned in the notice is joined as a party to the application.

14 Tree-felling in accordance with approved working plan etc.E+W+S

(1)The following provisions shall apply where application is made to the[F39appropriate forestry authority] for a felling licence and relates to the felling of trees in accordance with a plan of operations or other working plan approved by the [F39appropriate forestry authority] under a forestry dedication covenant F40..., or otherwise approved by them in writing for the purposes of this section.

(2)The [F39appropriate forestry authority] shall not refuse the licence unless the Minister [F41as regards the felling of trees in [F42England or Wales] certifies F43...] that, by reason of an act of God or other emergency which has taken place or arisen since the approval of the plan, the granting of a felling licence in respect of those trees, or in respect of trees of any class which comprises those trees, would be detrimental to the national interest.

(3)If the [F39appropriate forestry authority] refuse the licence, the applicant may by notice given to the [F39appropriate forestry authority] in the prescribed manner and within the prescribed time require them to buy the trees or such of them as may be specified in the notice.

(4)If a notice is served under the foregoing subsection,—

(a)no compensation shall be payable under section 11 in respect of any trees to which the notice relates; and

(b)the [F39appropriate forestry authority] shall be deemed to have contracted with the applicant to buy the trees on the date of the service of the notice at such prices as may in default of agreement be determined in accordance with section 31 of this Act, and shall fell and remove the trees at such time or times as they may determine.

(5)Where such a notice is served, and the land on which the trees are growing is subject to a forestry dedication covenant F44..., the power of the [F39appropriate forestry authority]s under section 10(4)(b) above to make an advance by way of loan shall not be exercisable in respect of the trees, but this subsection shall not prejudice their power to make an advance in respect of any other trees on the land.

15 Trees subject to preservation order under Planning Acts.E+W+S

(1)If an application is made to the [F45appropriate forestry authority] for a felling licence in respect of trees to which a tree preservation order relates, and [F46 relevant consent] is required for the felling of those trees, then—

(a)the [F45appropriate forestry authority], if they propose to grant the licence, shall give notice in writing to the authority by whom the order was made; and

(b)the [F45appropriate forestry authority] may in any case refer the application to the said authority.

[F47(1A) In subsection (1) “ relevant consent ” means—

(a)in the case of trees in [F48England or Wales], consent under tree preservation regulations.

F49(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Where the [F45appropriate forestry authority] give the notice required by subsection (1)(a) above and the authority within the prescribed period after receipt of the notice object to the [F50appropriate forestry authority's] proposal to grant a felling licence and do not withdraw their objection, then—

(a)the [F45appropriate forestry authority] shall not deal with the application, but shall refer it to the Minister, and the application shall then be dealt with under the Town and Country Planning Acts; and

(b)if in pursuance of the application the Minister consents to the felling, section 9(1) of this Act shall not apply so as to require a felling licence for the felling of any trees in accordance with the consent.

(3)Where the [F45appropriate forestry authority] refer an application under subsection (1)(b) above,—

(a)the application shall be dealt with under the Town and Country Planning Acts; and

(b)so long as the tree preservation order applying to the trees remains in force, section 9(1) shall not apply so as to require a felling licence for the felling of any trees to which the application relates.

(4)Where in the case of any trees—

(a)the [F45appropriate forestry authority] under this section refer an application for a felling licence to the Minister or an authority who have made a tree preservation order relating to the trees; and

(b)a felling licence in respect of the trees has been previously refused by the [F45appropriate forestry authority],

no account shall be taken, in calculating any compensation payable under section 11 of this Act in consequence of the previous refusal, of deterioration occurring after the date of the reference.

This subsection shall be without prejudice to section 11(5) of this Act, in a case to which that subsection applies.

(5)Except as provided by the foregoing provisions of this section, no [F51relevant application shall be entertained] in respect of the felling of trees in the case of which section 9(1) of this Act applies so as to require a felling licence.

[F52(5A) In subsection (5) “ relevant application ” means—

(a)in the case of trees in [F53England or Wales], an application under tree preservation regulations for consent under the regulations.

F54(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(6)Where, in the case of trees to which a tree preservation order relates, a felling licence is granted by the [F45appropriate forestry authority] after the date on which the order comes into force, the licence shall, notwithstanding anything in that order, be sufficient authority for the felling of any trees to which the order relates.

(7)Schedule 3 to this Act shall have effect for explaining the procedure applicable where this section requires an application to be dealt with under the Town and Country Planning Acts.

(8)F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16 Review of refusal or conditions of licence.E+W+S

(1)The following provisions shall have effect for enabling the decision of the [F56appropriate forestry authority] on an application for a felling licence to be reviewed where they refuse to grant a felling licence or grant it subject to conditions.

(2)A person aggrieved by the refusal or conditions may by a notice served within the prescribed time and in the prescribed manner request the Minister [F57where the application was to fell trees in [F58England or Wales] F59...] to refer the matter to a committee appointed in accordance with section 27 below and—

(a)the Minister F60... shall, unless he is F61... of opinion that the grounds for the request are frivolous, refer the matter accordingly;

(b)the committee, after compliance with section 27(3), shall thereupon make a report on the reference to the Minister F62... .

(3)The Minister F63... shall, after considering the committee’s report, confirm the decision of the [F56appropriate forestry authority] on the application, or reverse or modify that decision and direct the [F56appropriate forestry authority] to give effect to the reversal or modification.

(4)No request may be made under this section in respect of a refusal to grant a felling licence unless a previous application for a licence in respect of the trees has been refused and the application to which the request relates is made after the following date, that is to say—

(a)where a reference under this section has been made in respect of a previous application, the third anniversary of the last such application in respect of which such a reference has been made; and

(b)in any other case, the third anniversary of the first previous application.

17 Penalty for felling without licence.E+W+S

(1)Anyone who fells a tree without the authority of a felling licence, the case being one in which section 9(1) of this Act applies so as to require such a licence, shall be guilty of an offence and

[F64(a)in relation to an offence committed in Wales,] liable on summary conviction to a fine [F65not exceeding [F66level 4 on the standard scale] or twice the sum which appears to the court to be the value of the tree, whichever is the higher] [F67, or

(b)in relation to an offence committed in England, liable on summary conviction to a fine.]

(2)Proceedings for an offence under this section may be instituted within six months from the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence.

[F6817A Power of Commissioners to require restocking notice after unauthorised felling.E+W+S

[F69(1)The [F70appropriate forestry authority] may serve a notice under this section (a “restocking notice”) on a person where—

(a) it appears to the [F70appropriate forestry authority] that he has committed an offence in [F71England or Wales] under section 17 of this Act, F72 ...

F72(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and F73... he has such an estate or interest in the land in question as is mentioned in section 10(1) of this Act.]

[F74(1A)A restocking notice is a notice requiring the person on whom it is served—

(a) to restock or stock with trees the land or such other land as may be agreed between the [F70appropriate forestry authority] and him; and

(b)to maintain those trees in accordance with the rules and practice of good forestry for a period, not exceeding ten years, specified in the notice.]

[F75(1B)A restocking notice served by the Commissioners is a local land charge; and for the purposes of the Local Land Charges Act 1975 the Commissioners are the originating authority as respects the charge.]

F76(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subject to the provisions of this Act, in considering whether to issue a restocking notice the Commissioners shall—

(a)have regard to the interests of good forestry and agriculture and of the amenities of the district;

(b) have regard to their duty of promoting the establishment and maintenance F77 . . . of adequate reserves of growing trees; and

(c)take into account any advice tendered by the regional advisory committee for the conservancy comprising the land to which the restocking notice would relate.

(4)This section shall not apply in relation to trees to which a tree preservation order relates or in relation to trees the felling of which took place before the date of coming into force of the Forestry Act 1986.

17B Appeal against restocking notice.E+W+S

(1)A person on whom a restocking notice has been served who objects to the notice or to any condition contained therein may by notice served within the prescribed time and in the prescribed manner request the Minister [F78where the restocking notice relates to land in [F79England or Wales]F80...] to refer the matter to a committee appointed in accordance with section 27 of this Act; and—

(a)the Minister F81... shall, unless he is F82... of the opinion that the grounds of the request are frivolous, refer the matter accordingly; and

(b)the committee, after compliance with subsection (3) of that section, shall thereupon make a report to the Minister F83....

(2)The Minister F84... may, after considering the committee’s report, direct the [F85appropriate forestry authority] to withdraw the notice or to notify the objector that it shall have effect subject to such modification as the Minister F84... shall direct.]

17CEnforcement of restocking notice.E+W+S

The provisions of sections 24 (notice to require compliance with conditions or directions), [F8624A (further notice under section 24 for next estate or interest holders),] 25 (appeal against notice under section 24) and 26(1), (3) and (4) (expenses) of this Act shall apply in relation to a restocking notice as they apply in relation to a felling licence; and for the purposes of such application—

(a)references in those sections to a felling licence shall be construed as references to a restocking notice; and

(b)[F87the references in section 24(2A)(a)(i) and 26(3)] to the applicant for the licence shall be construed as a reference to the perosn on whom the restocking notice has been served.]