UKTC Archive

WMP Opinions

Subject: WMP Opinions
From: jh
Date: Nov 21 2021 10:43:52
[Text converted from HTML]
 Will
It's a problem that I have come across quite a few times, typically too
late as the planning process has started and the issue of FC involvement
& a WMP option are something of an irrelevance.
If the building is a domestic property, is the woodland their garden? If
so, there is an exemption for a felling licence. Felling therefore is a
matter of the TPO alone (& thus the local authority). Would the FC assist
with a management plan for a small woodland if they thought it was a
garden? Not sure but possibly not.
What if the woodland was a separate entity either on Land Registry, or
separate parcel of land? Not a garden. Capital gains tax implications,
but a felling licence may be required (depending on volumes & timing). FC
duty bound to engage, but which procedure they would follow (s15 Forestry
Act 1967) would depend on species and timber value. Low quality & high
amenity they may just hand it to the LPA. If there is timber and
relatively low amenity they may follow the first procedure with the
assumption that the felling licence will be issued but have to listen to
the LA's comments.
Depends also on whether it is a woodland TPO (assuming good forestry
practice) or other type.
Complex? Yes. Time consuming? Yes - the FC form is considerably longer &
more detailed than a tree work application form. You may be better to
seek planning permission, see what comes from it with a view to
appealing.
Jon



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