Commons and the law Training workshop Trees on commons Richard Pain Forestry Commission Richard.Pain@forestry.gsi.gov.uk
Thinking of felling trees on the com m on? Legislation to be considered: Felling Licences European Protected Species Environmental Impact Assessments
Felling Licences Forestry Act 1 9 6 7 , as am ended
Forestry Act 1967, as amended • The Act relates to the felling of growing trees • There are a number of exemptions that can apply • It is the responsibility of those involved in felling the tree or by engaging others to fell the tree to ensure that a licence is issued or an appropriate exemption applies before felling starts • A felling licence may still be required even when TPO consent has been given
Exemptions Lopping and topping: including tree surgery, pruning and pollarding; The felling is approved under an FC Grant Scheme approved before 1 April 1998; or trees growing in: A designated open space ( The Com m ons Act 1 8 9 9 ) an orchard a garden Or a Churchyard
Exemptions Felling necessary for the prevention of danger or abatement of nuisance (e.g. which may involve threat of danger to a third party. But remember! This exception will only apply if there is a real rather than a perceived danger. National Tree Safety Group has produced new guidance: Common sense risk management of trees. Free to download. Visit FC website publications section.
Exemptions Felling necessary to prevent the spread of a quarantine pest or disease and done in accordance with a notice served by a Forestry Commission Plant Health Officer Or the felling is done in compliance with any obligation imposed by or under an Act of Parliament
Exemptions Felling trees immediately required for the purpose of carrying out development authorised by planning permission or for work carried out by certain providers of gas, electricity and water services and which is essential for the provision of these services.
Exemptions Felling trees covered by planning consent Trees specifically mentioned
Exemptions Felling trees which, when measured at a height of 1.3 m from the ground: • have a diameter of 8cm or less 7.4cm More Less
Exemptions • if thinnings, have a • if coppice or underwood, diameter of 10cm or less have a diameter of 15cm or less
A Quick Guide 7 questions to establish if a licence is needed
5m³ How much is that? 9m³
0.25 m 3 8.00+ m 3 1.50 m 3
Felling Licence Application
A m ap is an integral part of the A location m ap is also very helpful: application :
Further Information Website - www.forestry.gov.uk See last page for Woodland Officer names and contact numbers
Tree Preservation Conservation Orders (TPO’s) areas Permission is required Can cover 1 tree or a from the local authority whole woodland area. for felling within a conservation area. Run by the local Run by the local authority. authority. We will gain their We will gain their permission if you have permission if you have submitted a felling licence / submitted a felling licence / grant scheme grant scheme.
European Protected Species
European Protected Species In England, listed animal species include: All 17 species of bat Dormouse Otter Great crested newt Smooth snake and sand lizard (Several plants e.g. yellow marsh saxifrage)
Offences It is an offence to: (1) Deliberately capture, injure or kill an individual, (2) Deliberately take or destroy their eggs (3) Deliberately and significantly disturb the local population (4) Damage or destroy a breeding site or resting place Amendments have removed ‘the incidental result of a lawful operation’ exemption
Complying with the regulations Forestry Commission has produced good practice guidance to help people manage the woodland. All on internet: www.forestry.gov.uk or contact your woodland officer
Environm ental I m pact Assessm ents Environmental Impact Assessment (Forestry) (England & Wales) Regulations 1999
Environmental Impact Assessment FC - ‘Com petent Authority’ for: Afforestation Deforestation New Forest Roads New Forest Quarries
Thresholds NON SENSITIVE OPERATION SENSITIVE AREA AREA Sensitive areas Afforestation 2 ha 5ha included: • SSSI • SAM’s • AONB • SAC Deforestation 0.5 ha 1ha • The New Forest Heritage Area • SPA • National Parks • The Broads • World Heritage Forest Roads All projects 1ha Site • NSA Forest 1ha All projects Quarries
EIA Process FC must decide whether the proposals are likely to have a significant impact on Determination the environment, and as such is classed as a ‘relevant project’. The process whereby the FC seeks advice from countryside bodies, NGO’s and local representatives Screening who may have more information about the likely impact of the proposals on the environment Is the process whereby the applicant seeks advice as to the Scoping content and extent of the matters which should be addressed in the Environmental Statement (ES). Normally this is undertaken at a public meeting or series of events. Environmental Statement Should include: • A description of the project • The main alternatives and the reasons for the developers choice • The aspects of the environmental likely significantly affected • The effects of the project: direct, indirect, secondary, cumulative, short, medium & long term, permanent & temporary, positive and negative • Proposed mitigation measures • A non-technical summary • Details of any difficulties in compiling the information
EIA Process Consultation Applicant places details of the proposals in 2 local newspapers • FC formally consults with statutory bodies Comments to be sent to the FC within 28 days Final Decision FC considers all the environmental issues, any representations made and any other material consideration and decides whether to approve the proposals and conditions that may apply. • FC writes to the applicant and anyone who have made comments outlining our decision and the reasons for it. • FC publishes details of this decision in the same newspapers in which notice of the application for consent was placed. Work approved must start within 5 years and be completed within 10 years of the decision Appeals Applicants may appeal our decision to the Secretary of State for the Environment, Food and Rural Affairs within 28 days •Any member of the public can appeal our decision to the High Court within 6 weeks
Further Information Environmental Impact Assessment (Forestry) (England & Wales) Regulations 1999 www.forestry.gov.uk
Your Forestry Commission Contacts Si James Bedfordshire 01780 444934 Emma Brearley Richard Pain Hertfordshire 01223 773074 Oxfordshire 01483 326200 Richard Pearce Buckinghamshire 01483 326200
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