River Lugg

aenoon

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Could the Forestry Commission have take action in the courts anyway? If it's not on FC land do they still get a say in what you can do? Just asking because I have no idea but it seems odd that they can stick their oar in on private land.


Andy
Well if the total volume of timber did not exceed 5 cubic metres, and no more than 2 cubic metres of same was sold, he does not need a felling licence of any sort.
Similarily, if the trees girth, measured at 1.3 metres from ground was less than 8cm., he does not need a felling licence.
Also, if the trees removed were deemed to be of a danger or causing a danger, then again, licence is not required.
The danger exception could be said to apply only where there is an immediate risk of serious harm and urgent work is needed to remove the risk.

Seems Forestry Commission tend to agree with Farmers interpretation of said fellings.
 

bonefishblues

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Well if the total volume of timber did not exceed 5 cubic metres, and no more than 2 cubic metres of same was sold, he does not need a felling licence of any sort.
Similarily, if the trees girth, measured at 1.3 metres from ground was less than 8cm., he does not need a felling licence.
Also, if the trees removed were deemed to be of a danger or causing a danger, then again, licence is not required.
The danger exception could be said to apply only where there is an immediate risk of serious harm and urgent work is needed to remove the risk.

Seems Forestry Commission tend to agree with Farmers interpretation of said fellings.
Isn't this site covered by the below? (Genuine Q - seems to, but I don't know for sure):

Sites of special scientific interest (SSSI)​

Sites of special scientific interest (SSSI) are protected by law to conserve their wildlife, habitat or geology. Natural England can help identify if woodland you own or occupy is an SSSI – this is called being designated.

If you’re proposing tree felling within an SSSI and will need to apply for a felling licence, you should also complete a Supplementary Notice of Operations (SNO) to provide detailed information on how you will protect the SSSI interest while undertaking the tree felling. This will help Natural England to decide whether to give its SSSI consent to the tree felling work.

If your SSSI contains ash trees then read Managing woodland SSSIs with ash dieback (Hymenoscyphus fraxineus).

Find out what you can do on or near an SSSI, when you’ll need consent for an activity and how Natural England and the Forestry Commission help you manage your woodland site of special scientific interest.
 

andygrey

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West Oxfordshire
Well if the total volume of timber did not exceed 5 cubic metres, and no more than 2 cubic metres of same was sold, he does not need a felling licence of any sort.
Similarily, if the trees girth, measured at 1.3 metres from ground was less than 8cm., he does not need a felling licence.
Also, if the trees removed were deemed to be of a danger or causing a danger, then again, licence is not required.
The danger exception could be said to apply only where there is an immediate risk of serious harm and urgent work is needed to remove the risk.

Seems Forestry Commission tend to agree with Farmers interpretation of said fellings.
He had a tree felling license (the only bit of official paperwork he was able to flourish at the start of this whole affair).
I'd imagine he's still scouring his junk-folder for the email from the EA telling him he could do exactly what he liked on the rest of the river....
 

aenoon

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Isn't this site covered by the below? (Genuine Q - seems to, but I don't know for sure):

Sites of special scientific interest (SSSI)​

Sites of special scientific interest (SSSI) are protected by law to conserve their wildlife, habitat or geology. Natural England can help identify if woodland you own or occupy is an SSSI – this is called being designated.

If you’re proposing tree felling within an SSSI and will need to apply for a felling licence, you should also complete a Supplementary Notice of Operations (SNO) to provide detailed information on how you will protect the SSSI interest while undertaking the tree felling. This will help Natural England to decide whether to give its SSSI consent to the tree felling work.

If your SSSI contains ash trees then read Managing woodland SSSIs with ash dieback (Hymenoscyphus fraxineus).

Find out what you can do on or near an SSSI, when you’ll need consent for an activity and how Natural England and the Forestry Commission help you manage your woodland site of special scientific interest.


SSSI or otherwise, felling licence procedure still applies, as do the regulations.
If no felling licence is required, there is then no need for SNO.
In other words, Forestry Commission regulations, relating to land use and felling, out trump SSSI guidelines.
 

aenoon

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He had a tree felling license (the only bit of official paperwork he was able to flourish at the start of this whole affair).
I'd imagine he's still scouring his junk-folder for the email from the EA telling him he could do exactly what he liked on the rest of the river....
Could well be right!
But the first objection, re felling of trees, seems to have been above board, and not worthy of further investigation according to Forestry Commission.
 

PaulD

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South Northants
SSSI or otherwise, felling licence procedure still applies, as do the regulations.
If no felling licence is required, there is then no need for SNO.
In other words, Forestry Commission regulations, relating to land use and felling, out trump SSSI guidelines.

Not without Natural England Consent.

 

andygrey

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Could well be right!
But the first objection, re felling of trees, seems to have been above board, and not worthy of further investigation according to Forestry Commission.
Yep, it was fairly clear from the start that action by the FC wouldn't have legs. Lets see if the EA and NE have the stomach for a fight. As earlier reported, he's has 'previous' with the EA, I'm not sure what bearing this will have on the matter.
 

aenoon

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Yep, it was fairly clear from the start that action by the FC wouldn't have legs. Lets see if the EA and NE have the stomach for a fight. As earlier reported, he's has 'previous' with the EA, I'm not sure what bearing this will have on the matter.
Unfortunately, any "previous" with any of the many agencies involved (and therein lies the rub!) cannot be used in any investigation or indeed prosecution for current situation..
 

andygrey

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Unfortunately, any "previous" with any of the many agencies involved (and therein lies the rub!) cannot be used in any investigation or indeed prosecution for current situation..
Yep, I understand that. But internally they may view their success on theirs last prosecution as an indicator of if they should proceed with a this one. Pure conjecture I know.
 
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