Unlimited fines and prison sentences for those felling trees without a licence to be introduced.
Avoid unlimited fines and potential jail time by making good decisions when engaging tree works.
Unlimited fines and prison sentences are amongst a package of new powers to be introduced as part of a crackdown on illegal tree felling in England, Defra and the Forestry Commission announced Friday 23 December.
Delivered as part of the world-leading Environment Act, changes to the Forestry Act 1967 will deliver more proportionate, impactful and enduring enforcement options. The key changes are:
Felling trees without a felling licence, where one was required, will carry the penalty of an unlimited fine – up from the current limit of £2,500 or twice the value of the trees felled;
Failure to comply with a Forestry Commission Enforcement Notice and a subsequent court-ordered Restocking Order (meaning any trees felled must be replanted) will put offenders at risk of imprisonment, in addition to an unlimited fine;
Restocking Notices and Enforcement Notices will be listed on the Local Land Charges Register, making them visible to prospective buyers of the land – potentially reducing the land’s value.
Landowners have been known to fell trees without a licence in place, in readiness to accept the fine if they are caught and penalised, to repurpose the previously wooded land for commercial reasons.
These new powers will curb this illegal practice, streamline and strengthen forestry enforcement administration, and serve to protect our trees, woodlands and forests.
The largest fine issued in recent years following a report of illegal tree felling to the Forestry Commission took place in Hailsham, East Sussex, in January 2020.
Hastings Magistrates Court issued a fine of almost £15,000 for the felling of 12 oak trees, all approximately 150 years old.
Forestry Minister Trudy Harrison said:
Felling trees without a licence is illegal and can cause irreparable harm - scarring landscapes, damaging habitats for wildlife, and causing distress for local communities. These robust measures, implemented as part of our world-leading Environment Act, empower the Forestry Commission to tackle the issue head-on with unlimited fines and custodial sentences for the worst offenders.
Forestry Commission Chief Executive Richard Stanford said:
I am very pleased to see these new powers written into law; as we expand the numbers of trees in England, we must end the blight of illegal tree felling.
The Forestry Commission will not hesitate to investigate allegations of illegal tree felling. Once reported, our top priority is to make sure the harm caused by the felling is put right by ensuring trees are replanted wherever possible. In cases which merit it, we will always seek prosecution.
Abi Bunker, Director of Conservation and External Affairs, Woodland Trust said:
This is a welcome announcement which should strengthen protection for trees in England. We hope this is a step towards better protection of trees and recognising and protecting our oldest trees as essential parts of our heritage and the most important for climate and nature.
Kevin Johnson MBE, Director of Empire Tree & Garden Services said:
Anyone can buy a chainsaw and cut down a tree - hire them if what you want is 'cheap.' Where cost is the over-riding factor, customers are often tempted to engage the local farmer, a ‘bloke down the pub’ or neighbour who owns a chainsaw to carryout tree work. In some circumstances this may be valid consideration but, where buildings, utility cables, highways and rights of way are within the hazard area there is no substitute for training and certification to the industry standard.
But, if what you want is 'quality' then you already know the difference between cost and value.
It is imperative to understand and abide by statutory requirements before undertaking tree works. The Town and Country Planning Act details the primary legislation for trees subject to Tree Preservation Orders (TPOs) and works within a Conservation Area (CA) and the Forestry Act includes certain restriction on volume which may be felled.
In recognition of consistent and meticulous administrative accuracy and compliance with statutory requirement (getting it right first time, every time) Empire Tree & Garden Services has been accredited as a Cornwall council “fast-track agent” and a Planning Portal “Planning Champion” for planning applications.