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Section 10 Application for felling licence and decision of Commissioners thereon.

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

F1An application for a felling licence may be made to the F2appropriate forestry authority in the prescribed manner by a person having such an estate or interest in the land on which the trees are growing as enables him, with or without the consent of any other person, to fell the trees.

(2)

Subject to the provisions of this Act (and, in particular, to their duty to take advice under section 37(3), the appropriate forestry authority may on any such application grant the licence, or grant it subject to conditions, or refuse it, but shall grant it unconditionally except in a case where it appears to them to be expedient to do otherwise—

(a)

in the interests of good forestry or agriculture or of the amenities of the district; F3...

(b)

for the purpose of complying with their duty of promoting the establishment and maintenance F4... of adequate reserves of growing trees F5; or

(c)

in relation to land in Wales, after consultation with the applicant for the licence, for the purpose of—

(i)

conserving or enhancing natural beauty;

(ii)

conserving flora, fauna, geological or physiographical features, or natural habitats.

(3)

A felling licence shall continue in force for such period (not being less than one year from the date on which it is granted) as may be specified therein.

(3A)

F6The‍ Natural Resources Body for Wales, and the person responsible, may agree to amend the licence at any time (but see section 10A, which imposes further requirements in relation to amendments in respect of trees to which a tree preservation order relates).

(3B)

For the purposes of subsection (3A) of this section, and section 10A, the person responsible is—

(a)

the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in subsection (1), or

(b)

if the applicant no longer has such estate or interest, a person who has such estate or interest.

(4)

If in the case of any trees the appropriate forestry authority refuse an application for a felling licence, the consequences shall be as follows:—

(a)

except in a case to which section 14(4) below applies, any person who is for the time being the owner of the trees shall be entitled to compensation under and in accordance with the next following section; and

(b)

if the land on which the trees are growing is, or in the opinion of the appropriate forestry authority will be, managed in a manner approved by them, the appropriate forestry authority may (subject to section 14(5) below), if they think fit and subject to the approval of the treasury F7as regards land in F8England or Wales F9..., make to persons interested in the land advances by way of loan of such amounts, upon such terms and subject to such conditions, as they may determine.

(5)

At any time after a felling licence has been refused by them in the case of any trees, the appropriate forestry authority may, if they think fit, give notice to the owner of the trees that they are prepared to grant a felling licence for the trees either unconditionally or subject to conditions described in the notice; and if the appropriate forestry authority give such a notice and an application is duly made to them for a felling licence, they shall grant a licence in accordance with the notice, subject to sections 13(2) and 15 below.

(6)

When the appropriate forestry authority refuse to grant a felling licence, they shall give notice in writing to the applicant of the grounds for the refusal.

(7)

Where application is made for a felling licence for trees on land which is subject to a forestry dedication covenant F10..., and the licence is refused, no breach of the covenant ... shall be deemed to have occurred by reason of anything done or omitted in consequence of the refusal.

Annotations

Textual amendments

F1

Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))

F2

Words in s. 10 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755) , art. 1(2) , Sch. 2 para. 54(2) (with Sch. 7 )

F3

Word in s. 10(2)(a) omitted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 44(2), 56(1)(a); S.I. 2023/1092, art. 3(a)

F4

Words in s. 10(2)(b) omitted (1.7.1999) by virtue of S.I. 1999/1747 , art. 3 , Sch. 12 Pt. II para. 4(9)

F5

S. 10(2)(c) and word inserted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 37, 56(1)(a); S.I. 2023/1092, art. 3(a)

F6

S. 10(3A)(3B) inserted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 38(1), 56(1)(a); S.I. 2023/1092, art. 3(a)

F7

Words in s. 10(4)(b) inserted (1.7.1999) by S.I. 1999/1747 , art. 3 , Sch. 12 Pt. II para. 4(10)

F8

Words in s. 10(4)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755) , art. 1(2) , Sch. 2 para. 54(3) (with Sch. 7 )

F9

Words in s. 10(4)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 13(a); S.S.I. 2019/47, reg. 2

F10

Words in s. 10(7) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 13(b); S.S.I. 2019/47, reg. 2