Part IIE+W+S F1... Power to Control Felling of Trees

Textual Amendments

F1Word in Pt. II cross-heading omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 52 (with Sch. 7)

Restriction of fellingE+W+S

[F29 Requirement of licence for felling. E+W+S

(1)A felling licence granted by the [F3appropriate forestry authority] shall be required for the felling of growing trees, except in a case where by or under the following provisions of this Part of this Act this subsection is expressed not to apply.

(2)Subsection (1) above does not apply—

(a)to the felling of trees with a diameter not exceeding [F48 centimetres] or, in the case of coppice or underwood, with a diameter not exceeding [F415 centimetres]; or

(b)to the felling of fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space; or

(c)to the topping or lopping of trees or the trimming or laying of hedges.

(3)Subsection (1) above does not apply to the felling by any person of trees on land in his occupation or occupied by a tenant of his—

(a)where the trees have a diameter not exceeding [F410 centimetres] and the felling is carried out in order to improve the growth of other trees; or

(b)where the following conditions are satisfied, that is to say—

(i)the aggregate cubic content of the trees which are felled [F5in the relevant territory] by that person without a licence (exclusive of trees to whose felling subsection (1) above does not apply) does not exceed [F65 cubic metres] in any quarter; and

(ii)the aggregate cubic content of the trees so felled which are sold by that person whether before or after the felling (exclusive as aforesaid) does not exceed [F62 cubic metres] in any quarter, or such larger quantity as the [F7appropriate forestry authority] may in a particular case allow.

(4)Subsection (1) above does not apply to any felling which—

(a)is for the prevention of danger or the prevention or abatement of a nuisance;

(b)is in compliance with any obligation imposed by or under an Act of Parliament, including this Act;

(c)is carried out by, or at the request of, [F8an electricity operator, because the tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by the operator as to have the effect mentioned in paragraph 9(1)(a) or (b) of Schedule 4 to the Electricity Act 1989;]

(d)is immediately required for the purpose of carrying out development authorised by planning permission granted or deemed to be granted under [F9the Town and Country Planning Act 1990] or the enactments replaced by that Act F10... .

(5)Regulations made by the [F11appropriate legislative authority] under this Part of this Act may modify subsections (2) to (4) above as follows, that is to say—

(a)they may provide for additional exceptions from the application of subsection (1) above and may in particular substitute—

(i)in subsection (2)(a), for the reference to [F48 centimetres] a reference to a larger diameter;

(ii)in subsection (3)(a), for the reference to [F410 centimetres] a reference to a larger diameter;

(iii)in subsection (3)(b) for the reference to [F430 cubic metres] or the reference to [F45·5 cubic metres] in either case a reference to a larger quantity;

(b)they may substitute in subsection (2)(a) for the reference to [F415 centimetres] a reference to a smaller diameter; and

(c)they may restrict or suspend the exception in subsection (3)(b) and may in particular substitute, for the reference in sub-paragraph (i) to [F430 cubic metres], or for the reference in sub-paragraph (ii) to [F45·5 cubic metres], in either case a reference to a smaller quantity;

and the said subsections shall have effect with any modification made by regulations under this subsection.

(6)In this section—

[F12 “ electricity operator ” means a licence holder within the meaning of Part I of the Electricity Act 1989 by whom the powers conferred by paragraph 9 (tree lopping) of Schedule 4 to that Act are exercisable; ]
[F12 “ electric line ” and “ electric plant ” have the same meanings as in Part I of the Electricity Act 1989; ]
“public open space” means land laid out as a public garden or used (otherwise than in pursuance of section 193 of the M1Law of Property Act 1925 or of Part V of the National Parks and Access to the M2Countryside Act 1949 [F13 or Part I of the Countryside and Rights of Way Act 2000][F14or of Part II or section 48 of the M3Countryside (Scotland) Act 1967]) for the purpose of public recreation, or land being a disused burial ground;
“quarter” means the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year;
[F15“relevant territory” means—
(a)
England F16... where the felling is carried out in England F17...;
(b)
Wales where the felling is carried out in Wales;]

and references to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point [F41·3 metres] above the ground level; . . . ]F18

Textual Amendments

F2Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))