Before carrying out capital works like fencing, hedgerow management, or bankside coppicing, farmers and landowners must ensure they are not in breach of tree felling licence regulations. While Defra provides grants for such projects, they do not verify whether the necessary permissions are in place—it is your responsibility to check.
Certain tree felling activities are exempt from licensing, but failing to comply with the rules could result in legal action. Understanding the exceptions, additional regulations, and consent requirements is crucial to staying compliant. Here’s what you need to know before starting any tree felling work.
Completing Capital Works – are you in breach?
With many farmers and landowners completing capital works such as bankside coppicing, fencing, and hedgerow work, there is a possibility they are in breach of felling licence regulations. When applying for such grants, Defra do not check that you have the relevant consents or licences in place, it is your responsibility as a farmer/ land manager to check if you need them.
There are some exceptions to legislation that mean some tree felling can be carried out without a felling licence; however, it is important that you are sure the work you plan to do is covered by one of the exceptions before you start, and that you keep evidence to show a felling licence was not required. If there is any uncertainty, you should contact your local Forestry Commission office for further advice.
Forestry Commission Offices: https://www.gov.uk/government/organisations/forestry-commission/about/access-and-opening
Exceptions to legislation
One of the main exceptions to needing a felling licence is the quarterly allowance. This permits the felling of up to 5 cubic metres (m3) of growing trees on your property, per quarter, without a felling licence, as long as no more than 2m3 are sold. However, it is important to bear in mind that you may commit a separate offence under the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 if you systematically clear an area of woodland over time without permission from the Forestry Commission.
Other exceptions include lopping and topping of trees, felling trees of ‘small diameter’(see guidance for definition), danger and nuisance trees, and where a Statutory Plant Health notice (SPHN) has been issued. Full details of these exceptions and when and where they apply can be found in the latest ‘Tree Felling: Getting Permission’ guidance.
Other Regulations
When considering felling trees, it is important to remember that a felling licence is not always the only consent that you may need. Certain habitats and species have legal protection and therefore you may need additional consent, or to carry out work at specific times of year. The following regulations should always be considered; The Wildlife & Countryside Act 1981, The Conservation of Habitats and Species Regulations 2017 , Hedgerow Regulations 1997 and Management of Hedgerows 2024, Tree Preservation Orders, and EIAs (Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999. In addition, you should also check if the area you want to work in is within a conservation area, SSSI or other protected site. Again, more information can be found in the ‘Tree Felling: Getting Permission’ guidance, or by searching for protected sites on Magic Maps: https://magic.defra.gov.uk/MagicMap.aspx
Forestry Commission is the government department responsible for protecting, expanding and promoting sustainable management of woodland, and for increasing the value of trees and woodland to society and the environment. The Forestry Commission are the regulator for tree felling, responsible for assessing applications and for issuing licences. They also monitor compliance where replanting is a condition of a licence and use enforcement action on individuals who allow the felling of trees when a licence was required.
FC Site: https://www.gov.uk/government/organisations/forestry-commission
Tree Felling, Getting Permission Guidance: https://www.gov.uk/government/publications/tree-felling-getting-permission
