Frequently asked questions
Felling licence regulations Size of licence area
Q. How large an area can I fell under a licence?
A. If consultees agree, as large as the Forestry Commission’s guidelines allow. Failure to restock by end of licence period
Q. If I cannot restock a felled area by the end of the licence period will I be prosecuted?
A. The Forestry Commission allows extensions for one planting season. After that a Restocking Notice may be issued and further action taken. Railway operators
Q. Do the railway operators need a licence to carry out felling?
A. Not if the trees to be felled are interfering with operational work. However, a licence is required to fell trees on non-operational land eg derelict lines, sidings etc, and other land owned by them. Change of ownership
Q. If land covered by a current felling licence is sold, can the new owner fell the trees under the existing licence?
A. The licence is on the land therefore it remains in force even though a change of ownership has taken place. It cannot be varied, revoked or cancelled. Therefore the new owner is legally able to fell the trees under the existing licence. However the new owner should be made aware that he will be liable for any restocking conditions that exist and these cannot be varied. If the new owner has different ideas with regard to the felling and restocking of the area he would be advised to apply for his own felling licence. Felling dead trees
Q. Is a licence required to fell dead trees?
A. No. The Forestry Act clearly states that a licence is only required for the felling of growing trees. Trees in a garden
Q. Is a licence required for felling a tree(s) in a garden?
A. No. Felling trees in a garden is exempt from felling licence requirements. However, the owner may need permission from the local authority if there is TPO on the tree(s). Planning permission/general development orders
Q. Do the exemptions from the requirements for a felling licence apply to; - outline and/or detailed planning permission
- permitted development under a general development order?
A. A felling licence is not required for the felling of trees immediately required for the purpose of carrying out development authorised by planning permission granted or deemed to be granted under the Town and Country Planning Act 1990 (T & CP Act 1972 - Scotland). Outline planning permission does not normally give any detailed work approval, the detail is usually reserved until the final planning approval stage. However outline planning approval may sanction specific work at a particular stage and any tree felling immediately required for the purpose of carrying out the sanctioned work would not require a felling licence. The Town and Country Planning Act provides that planning permission may be granted by a development order which may be in the form of a general development order or a special order. A felling licence would not be required for the felling of trees which is immediately required for the purposes of carrying out development authorised under a development order. If in either a) or b) above there is any doubt as to whether a specific planning permission or development order exempts tree felling from the licensing regulations, the landowner/tenant should consult the planning authority or Forestry Commission. Q. Does the '5 cubic metre rule' apply to the landowner or the tenant?
A. Forestry Act 1967 Section 9 (3), as amended by the Forestry (Modification of Felling Restrictions) Regulations 1985 - SI 1985 No 1958), provides that; 'felling of trees of licensable size by any person on land in his occupation or occupied by a tenant of his, does not require a felling licence provided that the aggregate cubic content of the trees felled by that person does not exceed 5 cubic metres in any calendar quarter; and the cubic content sold does not exceed 2 cubic metres'.
This is taken to mean that the allowance applies to the occupier of the land regardless of whether the occupier is the landowner or a tenant. Q. Is a landowner with 4 tenants restricted to 5 cubic metres per calendar quarter across the whole of his land, or are the tenants entitled to 5 cubic metres per calendar quarter each? A. The allowance applies to the occupier of the land. This means that the quarterly 5 cubic metre allowance applies to each tenant to use on the land that they lease. Q. What is the position with a landowner who has several separate landholdings throughout Britain? A. Again, the allowance applies to the occupier of the land. - If the separate landholdings are tenanted then the allowance applies separately to each tenancy.
- If all the landholdings are simultaneously occupied by the landowner (which may be a business or a company) the 5 cubic metre allowance applies once across all the landholdings.
Q. Can I save up my quarterly allowances over say, a year, and then fell 20 cubic metres? A. No. The allowance applies each calendar quarter and if it is not used it cannot be called forward to a future calendar quarter.
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