| Commentary

143 Felling of woodlands

| Commentary

143 Felling of woodlands

There are powers in the Forestry Act 1967 to prohibit the felling of woodlands. There are exceptions to the requirement to obtain a felling licence from the Environment Agency1 in the case of fruit trees or trees in an orchard, garden, churchyard or public open space2. This means that trees in gardens should be exempt; however, where trees were felled in derelict land which had been a former garden it was held that the ‘garden’ exception did not apply and a felling licence should have been obtained3. The powers of tree

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