Amendment of the principal regulations2

1

In their application to England and Wales, the Forestry (Felling of Trees) Regulations 19792 (“the principal regulations”) shall be amended in accordance with the following provisions of this regulation.

2

In regulation 3(1) the following definition shall be inserted in the appropriate alphabetical order:—

  • “electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

    1. a

      by means of a telecommunication system (within the meaning of the Telecommunications Act 1984)3; or

    2. b

      by other means but while in an electronic form.

3

After regulation 3(1) there shall be inserted the following paragraph—

1A

In these Regulations references to an application or a map being “authenticated” are references to there being incorporated into or otherwise logically associated with it something in electronic form for the purpose of establishing whether it comes from a particular person or other source and, if applicable—

a

whether it is accurately timed and dated; and

b

whether it is intended to have legal effect.

4

For regulation 4 of the principal regulations there shall be substituted the following regulation—

Application for felling licence4

An application for a felling licence made to the Commissioners under section 10(1) of the Act shall—

a

be in writing or in the form of an electronic communication;

b

be signed, or authenticated, and dated;

c

include the particulars specified in Schedule 2 to these Regulations; and

d

be accompanied by an Ordnance Survey map signed, or authenticated, and dated by the applicant showing the area to which the application relates on a scale not smaller than one to ten thousand and with the National Grid reference of the north west corner of the area marked on the map.

5

For Schedule 2 to the principal regulations there shall be substituted the following Schedule—

SCHEDULE 2Particulars to be included in an application for a licence

Regulation 4

The following particulars shall be included in an application for a licence—

a

the full name and address of the applicant;

b

the applicant’s estate or interest in the land on which the trees in respect of which a felling licence is sought are growing;

c

the full name and address of any person whose consent is needed to fell the trees and whether such consent has been given;

d

the type of felling proposed;

e

the trees (including the species) which the applicant proposes to fell;

f

the proposed date of commencement and estimated date of completion of felling;

g

any proposal for restocking the felled areas and/or any other areas;

h

whether any tree preservation order (made or having effect as if made under section 198 of the Town and Country Planning Act 19904) affects the trees in question; and

i

whether any tree is in a conservation area (designated under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 19905).