Tree Felling

One of the most common concerns we hear is the worry that a tree, or trees, will be felled. Although often there is little to be done, there are some constraints upon what a landowner may do. And no-one felling a tree can do so without the relevant landowner's permission.

Tree felling - Overview

"To help protect Britain's trees and woodland, a felling licence from the Forestry Commission is required to fell most trees."

"It’s an offence to fell trees without a licence if an exemption does not apply."

The publication "Tree felling: getting permission" was updated in July 2023 and outlines the circumstances in which a tree-felling licence is not required.

Duty of local Highway Authorities to consult:

Section 115, Environment Act 2021

The Environment Act 2021 (Commencement No. 7) Regulations 2023

Section 115 of the Environment Act (duty of local highway authorities in England to consult before felling street trees) came into force on 30th November 2023.
It inserts a new 96A into the Highways Act 1980:

“(1) A local highway authority in England must consult members of the public before felling a tree on an urban road (a “street tree”).

(2) A local highway authority must have regard to any guidance given by the Secretary of State to local highway authorities about how to discharge the duty under subsection (1).

(3) The duty under subsection (1) does not apply in a case where—

(a) the street tree has a diameter not exceeding 8 centimetres (measured over the bark, at a point 1.3 metres above ground level),

(b) the authority considers that the street tree is dead,

(c) the authority considers that the street tree is required to be felled—

(i) by virtue of an order under the Plant Health Act 1967, or

(ii) under any enactment on the basis that the tree is dangerous,

(d) the authority considers that the street tree is required to be felled in order to comply with—

(i) a duty to make reasonable adjustments in the Equality Act 2010 because the tree is causing an obstruction (see section 20 of that Act), or

(ii) a duty in section 29 of that Act (prohibitions on discrimination etc in the provision of services) because the tree is causing an obstruction, or

(e) the felling of the street tree is required for the purpose of carrying out development authorised by—

(i) planning permission granted under section 70, 73, 76D, 77 or 79 of the Town and Country Planning Act 1990, or

(ii) outline planning permission granted under section 92 of that Act.

(4) In subsection (1) “urban road” means a highway, other than a trunk road or classified road, which—

(a) is a restricted road for the purposes of section 81 of the Road Traffic Regulation Act 1984 (30 miles per hour speed limit),

(b) is subject to an order made by virtue of section 84(1)(a) of that Act imposing a speed limit not exceeding 40 miles per hour, or

(c) is otherwise a street in an urban area.”

Public registers and consultation on forestry projects

Use the public registers to find details on proposed forestry work and on decisions that the Forestry Commission has made to approve or reject proposals.

Details of applications for tree felling in England are published on Forestry Commission Public Register for England -

Cases Open for Consultation for 28 days, during which comments may be made on how the proposals relate to the requirements of the UK Forestry Standard. (There are exemptions where the Forestry Commission deems that the proposed tree felling needs to be expedited for an overriding biosecurity or public safety benefit; for thinning works only; and for felling cricket bat willow intended to be restocked.)

Decided applications can be found at Forestry Commission Public Register for England - Approved Cases, again for 28 days.

After that, individual felling licence, map and dataset records can be found on the Forestry Commission’s Land Information Search (LIS) map browser (along with grant scheme and Environment Impact Assessment decisions relating to afforestation/woodland creation).

Tree preservation:
Chichester District Council

Chichester District Council (CDC) is our local planning authority. The link explains the implications of Tree Preservation Orders and for trees in Conservation Areas and the procedures to follow before a tree may be felled.

Use its form if you wish to "Report a dead or dangerous tree / request a Tree Preservation Order".