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