Tree felling – do I need a licence?

A recent record fine imposed on a landowner for illegally felling trees is a timely reminder of the costly consequences of not complying with the law on tree felling.

Tree felling is a legally controlled activity governed by the Forestry Act 1967 (the “Act”). Subject to certain, limited, exemptions a licence is required to fell trees and the Forestry Commission (the “Commission”) is empowered to take enforcement action in the event of unauthorised felling.

The record fine of £266,666 was issued after the landowner illegally felled mixed broadleaf woodland in 2019 “as a pre-emptive action” for a future development and, importantly, ahead of a grant of planning permission.

Using its powers under the Act the Commission served a Restocking Notice directing the landowner to replant the trees and, when this was not complied with, a further Enforcement Notice. When the landowner failed to comply with the Enforcement Notice without reasonable excuse, which is an offence under the Act, the Commission referred the matter to the Crown Prosecution Service which brought charges.

Both restocking and enforcement notices are local land charges which will bind successors in title. The consequences of this can be significant, particularly in circumstances where land which has previously been earmarked for development has been rendered undevelopable due to the requirements of a restocking notice.

Landowners should also carefully consider the implications of applying for a felling licence to clear a site before development proposals have progressed through the planning process. A conditional felling licence may require the land to be restocked with trees, which could be incompatible with, and potentially prevent, the intended development.

The felling licence regime sits in addition to other controls that might restrict the felling of trees, including under the tree preservation order and conservation area regimes.

Legal requirements around tree felling are complex and the consequences of non-compliance can be severe and long-lasting. If you would like any advice on these issues and how to manage trees on your land without falling foul of the law, please do not hesitate to contact Edward Long or Alistair Taylor in the Planning and Environmental Team.