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<p>The felling of trees in England is a legally controlled activity regulated by the
FC, which, with some exceptions, requires a Felling licence. If a licence is not acquired
the felling is an offence and the individual can be subject to a fine. The amount
individuals can be fined for illegal felling recently increased, and Forestry Commission
can now issue an unlimited fine for felling they deem in breech of regulations.</p><p>
</p><p>In many instances it is also possible for the Forestry Commission to serve
a Restocking Notice, which compels the offender to restock the land with trees. Recent
changes ensured restocking notices are now considered land charges, which means replanting
trees will be required on land where trees were wrongly felled, even if the land is
sold or new planning permissions are applied for on the land.</p><p> </p><p>Local
planning authorities also already have the power to serve Tree Preservation Orders
which protect individual trees or areas of trees, even where they are exempt from
the need for a felling licence.</p><p> </p><p>Anyone who contravenes an Order by damaging
or carrying out work on a tree protected by an Order without getting permission from
the local planning authority is guilty of illegal felling and subject to the fine
described. No assessment has been made in regard to adding any additional tariffing
system, however, we committed to reforming our felling licence system and controls
in the England Trees Action Plan; and indeed, strengthened the enforcement provisions
of the felling licence regime through the Environment Act 2021.</p><p> </p><p>Further
work has begun investigating potential future legislative reforms to the system that
would primarily involve the introduction of greater flexibility to licence conditions,
improved clarity around felling controls and UK Forestry Standard requirements.</p>
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