Trees on commons Richard Pain Forestry Commission - - PowerPoint PPT Presentation

Commons and the law Training workshop

Trees on commons

Richard Pain Forestry Commission Richard.Pain@forestry.gsi.gov.uk

Legislation to be considered: Felling Licences European Protected Species Environmental Impact Assessments Thinking of felling trees

• n the com m on?

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

Lopping and topping: including tree surgery, pruning and pollarding; The felling is approved under an FC Grant Scheme approved before 1 April 1998;

• r trees growing in:

a garden an orchard

Exemptions

A designated open space ( The Com m ons Act 1 8 9 9 )

Or a Churchyard

Felling necessary for the prevention of danger or abatement of nuisance (e.g. which may involve threat of danger to a third party. 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

But remember!

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

• r 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

Less More

7.4cm

Exemptions

• if thinnings, have a

diameter of 10cm or less

• if coppice or underwood,

have a diameter of 15cm

• r less

Exemptions

A Quick Guide

7 questions to establish if a licence is needed

5m³ How much is that? 9m³

8.00+ m3 1.50 m3 0.25 m3

Felling Licence Application

A m ap is an integral part of the application: A location m ap is also very helpful:

Further Information

Website - www.forestry.gov.uk See last page for Woodland Officer names and contact numbers

Tree Preservation Orders (TPO’s)

Can cover 1 tree or a whole woodland area. Run by the local authority.

We will gain their permission if you have submitted a felling licence / grant scheme.

Conservation areas

Permission is required from the local authority for felling within a conservation area. Run by the local authority.

We will gain their permission if you have submitted a felling licence / 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

• r 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

OPERATION SENSITIVE AREA NON SENSITIVE AREA

Afforestation 2 ha 5ha Deforestation 0.5 ha 1ha Forest Roads All projects 1ha Forest Quarries All projects 1ha

Thresholds

Sensitive areas included:

• SSSI
• SAM’s
• AONB
• SAC
• The New Forest

Heritage Area

• SPA
• National Parks
• The Broads
• World Heritage

Site

• NSA

EIA Process

Determination Screening Scoping Environmental Statement

The process whereby the FC seeks advice from countryside bodies, NGO’s and local representatives who may have more information about the likely impact

• f the proposals on the environment

FC must decide whether the proposals are likely to have a significant impact on the environment, and as such is classed as a ‘relevant project’.

Is the process whereby the applicant seeks advice as to the 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. 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

Consultation Final Decision Appeals

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 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 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

EIA Process

Further Information

Environmental Impact Assessment (Forestry) (England & Wales) Regulations 1999 www.forestry.gov.uk

Your Forestry Commission Contacts

Richard Pearce

Buckinghamshire

01483 326200 Richard Pain

Oxfordshire

01483 326200 Emma Brearley

Hertfordshire

01223 773074 Si James

Bedfordshire

01780 444934