Part II ... Power to Control Felling of Trees

Restriction of felling

F19 Requirement of licence for felling.

(1)

A felling licence granted by the F2appropriate 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 F38 centimetres or, in the case of coppice or underwood, with a diameter not exceeding F315 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 F310 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 F4in the relevant territory by that person without a licence (exclusive of trees to whose felling subsection (1) above does not apply) does not exceed F55 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 F52 cubic metres in any quarter, or such larger quantity as the F6appropriate 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, F7an 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 F8the Town and Country Planning Act 1990 or the enactments replaced by that Act F9... .

(5)

Regulations made by the F10appropriate 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 F38 centimetres a reference to a larger diameter;

(ii)

in subsection (3)(a), for the reference to F310 centimetres a reference to a larger diameter;

(iii)

in subsection (3)(b) for the reference to F330 cubic metres or the reference to F35·5 cubic metres in either case a reference to a larger quantity;

(b)

they may substitute in subsection (2)(a) for the reference to F315 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 F330 cubic metres, or for the reference in sub-paragraph (ii) to F35·5 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—

F11 “ 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;

F11 “ 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 F12 or Part I of the Countryside and Rights of Way Act 2000F13or 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;

F14“relevant territory” means—

(a)

England F15... where the felling is carried out in England F16...;

(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 F31·3 metres above the ground level; . . . F17