Felling trees in the UK without a licence, where one would have been required, is an offence. Anyone can apply for a felling licence, but it must be issued in the name of the owner or lessee of the property.
When it comes to tree felling decisions, the Forestry Commission holds the greatest power against a Local Planning Authority’s decision.
Exemptions
Not every tree felling project requires a felling licence. Exemptions can be based on:
- location
- the type of tree work
- the volume and diameter of the tree
- other permissions already in place
- legal and statutory undertakings.
Appeals to a decision
If an approved felling licence has replanting conditions applied to it and the applicant is not happy with them, he/she should initially contact their local woodland officer and discuss the issue.
However, if the applicant is still unhappy with the conditions applied to the felling licence, they can appeal to the appropriate Forestry Minister. They must do this in accordance with the details on their felling licence, otherwise the appeal will not be accepted. The Minister will usually get the advice of a reference committee (independent of the Forestry Commission and selected to consider the case), before giving a decision on whether the conditions should remain or be amended.
An appeal against refusal of a felling licence to the Minister can also be made but only if the applicant has been refused a licence twice for the same area and work proposals. There must also be at least 3 years between the first and subsequent refusal.
