(This note is not part of the Regulations). DATEVALIDATED : The date of the licence decision (3)The Scottish Minsters may only impose conditions on a felling direction which relate to a matter mentioned in paragraph (4). When we're prepared to approve a new or amended forest plan, we add the details of the case to the register. enter the felling area with the consent of an owner or occupier of that land, and. Section 9(6) of the 1967 Act defines a quarter as the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year. (2)Any compensation payable under section 47(1) of the Act must be calculated by reference to the period beginning on the date that the temporary stop notice had effect under section 45(8) of the Act until the date the temporary stop notice was revoked under section 45(5) of the Act. 2.(1)The Scottish Ministers may only accept an application for felling permission if it contains the information specified in paragraph (2). CASEREFERENCE : Case reference number a statement setting out the full particulars of the claim by reference to the matters set out in regulation 22(1) and (2), and. Regulations 17 to 19 make provision in relation to claims for compensation for refusal of felling permission. Fees . There are some exceptions that can apply, but in many instances a felling licence will be required. Applicants for Scotland Rural Development Programme (SRDP) grants (e.g. This register shows details of decisions on applications for grant-aided woodland creation, for tree felling (excluding those only containing thinning) and for Environmental Impact Assessments (EIA) on forestry projects (afforestation, deforestation, forest roads and forest quarries) in England. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. Regulations 10 sets out circumstances where a restocking notice may not be given. It specifies that the diameter is measured over the bark at a point 1.3 m above the ground level. 2. OL word/_rels/document.xml.rels ( VM0#"]hm@(^x?dOl YJFp7OoueMe`*+Ku1HZ%;@`7/?C+F %k;C^^1[[I7mw;U{[uN 1V{"h"TysuDw:'BoZGOVzW}AZ8cCVe;kp#-+. User account | Felling Licence Online (2)The claim for compensation must be received by the Scottish Ministers within 12 months beginning with the date on which notice of the decision to refuse felling permission was sent to the applicant under regulation 6(1). (3)In calculating any compensation that may be payable under section 32(1) of the Act, the Scottish Ministers must-, (a)take no account of deterioration in the quality of the timber that is attributable to neglect of the trees after the felling permission was refused, and. where the application does not involve restocking, a statement of the reasons for that. Supporting documents Exemptions to the requirement to have a permission to fell trees Key points of our proposal Simplified exemption for small trees: 8cm diameter. Number of felling licences waiting approval for more than 2 months from date of application. 2.2.1 The Responsible Authority for the Regulations on Felling and Restocking in Scotland is the Forestry Commission but this responsibility will pass to Scottish Ministers in April 2019 ; Forestry is the subject of the plan and the plan covers Scotland. You have accepted additional cookies. all documents, materials and evidence on which the appellant relies in support of the appeal. To only allow the cookies that make the site work, click 'Use essential cookies only.' No significant changes, but some clarification: This essentially maintains the current exemption. 2.6.3 These proposals are based on current exemptions and processes for giving consent for felling operations and requiring restocking. Appendices A and B detail the current exemptions within the Act and current Regulations. there is no requirement to restock), they are effectively treated as exempt. It is an offence to fell trees without a licence, where one would have been required. (c)the reference number, if any, assigned to the relevant decision. 2.5.3 Proposals are also being considered to update provisions for applications, permissions, directions, compensation and appeals. 3.(1)Where the felling area specified in an application for felling permission consists of trees of a species which cover 20% or more of that area (in this regulation, a main species), the application must identify. Please clearly quote the case reference number. Once a licence has been issued it cannot be withdrawn. AECS and FGS) and/or felling licences must take this information into account when applying for grants or licences. 18.(1)A claim for compensation under section 32(1) of the Act must be made by giving notice of the claim in accordance with this regulation. We update the list every week. This section incorporates the key facts relating to the Regulations on Felling and Restocking. Changes are only proposed where. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 2.8.1 The Act does not dictate how permission to fell will be granted. GRIDREF : National Grid Reference We manage over 300 forests across Scotland, many with protected species like red squirrels. This is a one off exercise to establish a new regulatory regime. the information required by regulation 3. where felling of more than one species in the felling area is proposed, the size of the area over which the felling is to occur in relation to each species, information specifying whether the proposed felling in the felling area involves, where thinning is proposed, information indicating. This would mean that native woods, particularly ancient and semi natural woodlands would require permission to fell even small volumes of timber where trees are over 8 cm diameter and therefore ensure that felling is for woodland management purposes and that the cumulative effect of the felling can be managed. And once tree felling has started a felling license cannot be amended. The 2018 Act relies on the ordinary meaning of felling (with the addition of intentionally killing a tree, for example by ringing or poisoning) which means that, if there is no exemption, cutting down dead trees will require a 2018 Act permission. Our planting overall is a broad mix of species including conifers and broadleaves. Dedication agreements - A dedication agreement is an agreement, between a landowner and the Forestry Commissioners, that the land it applies to will be managed for forestry purposes. Aerodromes - Remove the need (in the current legislation) to have the Secretary of State 'certify' that the tree(s) are interfering with an aerodrome etc. Check for exemptions The exemptions section in our felling permission application guidance will help you judge if your felling is exempt. avoidance or mitigation of impact on communities or individuals. 2.5.2 Table 1 summarises the existing statutory provisions covering tree felling license exemptions, alongside a summary description of the regulatory changes that are anticipated. a description of the area of land to which the restocking direction relates, a completion date in respect of any requirement within the restocking direction, and, the reasons for the restocking direction, by reference to, which was not exempt by virtue of section 24 of the Act, and, which was not carried out in accordance with a felling permission, a felling direction, a restocking direction, a registered notice to comply, a remedial notice or a registered remedial notice(. Otters and licensing | NatureScot Dutch elm disease - The 1979 Regulations exempt felling of any tree of the genus Ulmus which is affected by the disease in elms caused by the fungus Ceratocystis ulmi and commonly known as Dutch elm disease to such an extent that the greater part of the crown of the tree is dead. 2. (2)If the Scottish Ministers determine the appeal they must substitute a new decision for the relevant decision. (3)No compensation is payable in respect of an application for felling permission that has been rejected under regulation 4(3) or regulation 7(2). Changes we have not yet applied to the text, can be found in the Changes to Legislation area. This is apparent in the largest part of our operation: growing, tending and harvesting trees. 2.3.1 The objectives of the Regulations are to support woodland management, maximise timber availability to the market, enable robust enforcement, where possible reducing the administrative burden without compromising sustainable forest management. Badgers: licences for development | NatureScot the agreement is registered in the Land Register or General Register of Sasines and binding on the owner of the land; or. (a)a description of the area of land to which the restocking direction relates, (c)a completion date in respect of any requirement within the restocking direction, and, (d)the reasons for the restocking direction, by reference to, (aa)which was not exempt by virtue of section 24 of the Act, and, (bb)which was not carried out in accordance with a felling permission, a felling direction, a restocking direction, a registered notice to comply, a remedial notice or a registered remedial notice(6), or. FELLAREA : The applicants estimated area of felling. applicant means a person who has made an application for felling permission. Felling of trees in gardens, church yards and public open spaces. This takes time and effort across both organisations, and can incur extra costs. They may be subject to other protections, such as Tree Preservation Orders, and exempting them from felling regulation does not affect that protection. Danger or nuisance - The 1967 Act exempts felling for the prevention of danger or the prevention or abatement of a nuisance. 2 Policy context - Felling and restocking regulations: strategic (3)The notice of appeal, which must be on a form obtained from the Scottish Ministers, must include or, as the case may be, be accompanied by. (3)The claim for compensation, which must be submitted on a form obtained from the Scottish Ministers, must include or, as the case may be, be accompanied by-. a new decision made by the Scottish Ministers or an appointed person, or, determine the appeal by upholding it (whether wholly or partly), or. You normally need to get permission from Scottish Forestry to fell growing trees. the Scottish Ministers are unable to access the felling area because consent under paragraph (2) is not given. Apply online for a felling licence 29 November 2022 Guidance Use this guide to apply for a licence to fell growing trees using our Felling Licence Online service Defra's Trees and. PDF The management of individual ash trees affected by ash dieback experience. The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. (b)the Scottish Ministers are unable to access the felling area because consent under paragraph (2) is not given. Remove the current "2m 3 per quarter for sale" part of this exemption as it is of no clear policy benefit. (a)avoidance or mitigation of impact on communities or individuals. This flexibility provides a strong framework for delivering sustainable forest management. 2.4.2 The Act was the first of three principal legislative activities required to complete the devolution of forestry. 2.8.2 It is also intended to develop the use of management plans for smaller woodlands, such as farm woodlands, in order to cover thinning. The proposals for new Regulations largely maintain the status quo while offering flexibility for the development of new processes where there might be a need, such as the increased use of management plans. However, if you require more specific information about decisions that no longer show on the Decision Register, please get in touch with us by emailing gr.support.england@forestrycommission.gov.uk. We also use cookies set by other sites to help us deliver content from their services. Windblow, over 5m 3, would require a felling permission (unless all trees were fully dead). Licensing Register (b)consult such persons and make such other inquiries. Use the public registers to find details on proposed forestry work and on decisions that the Forestry Commission has made to approve or reject proposals. Aerodromes are defined as any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft.