Felling licence vs BPS tree cutting restrictions

[Goweresque]

I've got one of those modern issues of clashing regulatory systems.

I've got a long line of poplar trees, that I planted along a fence line 20 odd years ago. They've got too big and need taking off at about head height, in order to allow them to pollard. Now from experience, and also advice from a tree surgeon friend, the best time to cut them would be mid summer, when they are growing strongly. If they are cut in winter there's a good chance some will die, I've experienced this before. Willows like being pollarded in winter, poplars not so much. There's also a lot of timber, more than the 5m cubed quarterly allowance for sure. So would I need a felling licence to cut them at head height (ie pollard) or not? And if I did get a felling licence (which I see no reason why I couldn't) would that trump the BPS requirement to not cut anything from 1st March to 31st August? Is it possible to get a Cross compliance exemption to cut trees during the closed period?

 

[milkloss]

Sounds like you need to get driving that desk!!

Personally I'd get the felling licence and jfdi........... do you feel lucky punk?

 

[Goweresque]

Sounds like you need to get driving that desk!!

Personally I'd get the felling licence and jfdi........... do you feel lucky punk?

Its a bit public, its right next to my neighbours farm entrance and he has a farm visitor centre. Too many prying eyes and camera phones for JFDI I suspect

I'm beginning to hope that if BPS gets decoupled from the land at some point as ELMS gets introduced in the next few years the cross compliance rules will fall by the wayside, and all I'd have to worry about was making sure there were no birds nests in them. Then I could cut 10m3/yr, spreading it over the 3 summer quarters. Ideally would like to do it all in one hit, less work that way, but if slowly slowly is the easier way from a paperwork perspective I'd prefer that.

 

[Highland Mule]

Just plan for doing it on 1st September. You have five weeks to sort out the paperwork....

 

[Still Farming]

Its a bit public, its right next to my neighbours farm entrance and he has a farm visitor centre. Too many prying eyes and camera phones for JFDI I suspect

I'm beginning to hope that if BPS gets decoupled from the land at some point as ELMS gets introduced in the next few years the cross compliance rules will fall by the wayside, and all I'd have to worry about was making sure there were no birds nests in them. Then I could cut 10m3/yr, spreading it over the 3 summer quarters. Ideally would like to do it all in one hit, less work that way, but if slowly slowly is the easier way from a paperwork perspective I'd prefer that.

National Resources or who ever took over from Forestry Commission get involved there be an investigation mark my words.
Some around here did it illegally and got away scot free and excess timber limits etc etc ,others did it by the book, and hell of a lot less (thank goodness) and had an investigation, measured timber ,witness statements etc the lot ?
Hope you get on with your Neighbours???

 

[Cjm]

You don’t need a felling licence for pollarding. See section 2.2 of the attached. Can’t see the RPA being quite as helpful unfortunately....

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876642/Tree_Felling_-_Getting_Permission_-_web_version.pdf

 

[Goweresque]

You don’t need a felling licence for pollarding. See section 2.2 of the attached. Can’t see the RPA being quite as helpful unfortunately....

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876642/Tree_Felling_-_Getting_Permission_-_web_version.pdf

Thing is they're just trees at the moment, never been pollarded before, I'd be doing it for the first time. So one wonders if some clipboard wielding type would declare that it wasn't covered by the pollarding exemption?

 

[Derrick Hughes]

I tried. If you plough the field yes. But not for anything else. So you need to plough the field and nothing can grow as they blocking the light

 

[Derrick Hughes]

You don’t need a felling licence for pollarding. See section 2.2 of the attached. Can’t see the RPA being quite as helpful unfortunately....

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876642/Tree_Felling_-_Getting_Permission_-_web_version.pdf

Its nothing do do with a felling licence . You can't even trim a bush outside said dates . Only for re,seeding can you get a derogation

 

[Nearly]

Thing is they're just trees at the moment, never been pollarded before, I'd be doing it for the first time. So one wonders if some clipboard wielding type would declare that it wasn't covered by the pollarding exemption?

They'd be pollarded by the time the clipboards arrived......

 

[toquark]

Can't answer the BPS question, but I'm fairly sure you don't require a felling licence to pollard trees, you aren't felling them just reducing crown height etc.

 

[Goweresque]

Amazingly I've actually managed to speak to one of the Forestry Commission tree officers, who covers my area, who was very helpful. His view was it was a moot point as to whether pollarding a tree for the first time is covered by the pollard exemption. The legislation was written in the 60s and has never been updated, and isn't exactly clear. He also said that if I tried to apply for a felling licence that wouldn't cover it either and would probably be rejected anyway He thought the fact that they were poplars would be in my favour, if it was a hardwood variety of semi-mature trees that would be more seen as felling, as they might not survive such a severe cut back.

His advice was that as long as I informed them in advance of what I planned to do, and kept the pollard point well above where cattle could reach, that should suffice. If they had any issues once informed they could then come and look before work took place.

 

[Goweresque]

They'd be pollarded by the time the clipboards arrived......

Apparently its the responsibility of the tree owner to prove that the exemption applies, if you fell without a licence. Not of the FC to prove the exemption didn't apply. Basically we are guilty unless we can prove our innocence.........so if everything is on the ground when the clip boards arrive its the landowner who has a problem........

 

[Still Farming]

Can't answer the BPS question, but I'm fairly sure you don't require a felling licence to pollard trees, you aren't felling them just reducing crown height etc.

Full Planning Applications though possibly !

 

[Exfarmer]

Be careful they are not protected!
we had to apply for permission to fell some listed tree and planners were only to happy to have them down

 

[Still Farming]

Be careful they are not protected!
we had to apply for permission to fell some listed tree and planners were only to happy to have them down

Or Conservation area?

 

[Goweresque]

Or Conservation area?

There is a CA in the area, but luckily these ones are outside it, so thats one less layer of paperwork to consider.

I'm rapidly wishing I'd never planted the bl**dy things!

 

[renewablejohn]

Cannot see the problem if there only 20 years old. What is the diameter at 1.3 mtrs as that is critical. If you do pollard then pollard at a height of 1.2mtr then you dont have this problem in future.

 

[carbonfibre farmer]

Its a bit public, its right next to my neighbours farm entrance and he has a farm visitor centre. Too many prying eyes and camera phones for JFDI I suspect

I'm beginning to hope that if BPS gets decoupled from the land at some point as ELMS gets introduced in the next few years the cross compliance rules will fall by the wayside, and all I'd have to worry about was making sure there were no birds nests in them. Then I could cut 10m3/yr, spreading it over the 3 summer quarters. Ideally would like to do it all in one hit, less work that way, but if slowly slowly is the easier way from a paperwork perspective I'd prefer that.

I hate to say it but , less paper work/less rules/civil service and quangos......
Not going to happen

There'll be some scheme, triumphed by all the various regulatory bodies, as "a fresh start" , that will actually be more complicated than before.

At least you've found someone reasonably helpful at the forestry commission.

If you could get what was said, in writing, it would be useful.

Some bodies seem to forget what they have said when push comes to shove later on.

 

[Derrick Hughes]

Can we just be clear that you cant touch a tree until 1st of Sep or risk losing your SFP , you can do it and take the risk of course but uts a big risk if you have well informed niebours