Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, whether his Department has made an assessment of the potential merits of (a) enabling local authorities to set tariffs for the unnecessary felling of trees and (b) using the monies raised for (i) replacement tree planting and (ii) other relevant schemes.

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.

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.

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.

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.

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.