Landowner forced to replant after Forestry Commission prosecution
Court orders Northumberland landowner to replant trees after illegal felling following Forestry Commission investigation
A landowner from Northumberland has been ordered to replant trees following a successful criminal investigation by the Forestry Commission’s National Enforcement Team.
The landowner pleaded guilty at South Tyneside Magistrates Court for failing to comply with an Enforcement Notice issued following an investigation by the Forestry Commission. This is the latest conviction following robust Forestry Commission action to protect trees and woodlands from illegal felling.
In 2015, the Forestry Commission issued a licence to fell trees right across the site, near Consett, to harvest timber, on the condition that the site was restocked with trees by June 2019. The new landowner failed to plant as required, and was served with an Enforcement Notice under Section 24 of the Forestry Act 1967, ordering them to replant by June 2022. An inspection by the Forestry Commission found that no planting had taken place and, following engagement with the landowner to encourage replanting without criminal proceedings, a referral was made to the Crown Prosecution Service, ultimately leading to conviction.
After pleading guilty, the defendant has been ordered by the court to replant trees at the site and pay a fine and costs of £1,030. If the landowner does not comply with the court Restocking Order, they could also face court action for contempt of court, with further financial penalties or even a custodial sentence possible.
This case is the latest example of robust action by the Forestry Commission to protect the nation’s trees and forests. It is an offence to fell trees without a licence, where one would have been required, as well as to fail to comply with the terms of an Enforcement Notice. The Forestry Commission will not hesitate to take action if an offence is committed. Both offences carry a penalty of an unlimited fine upon conviction in a Magistrates Court, set at the Court’s discretion.
Forestry Commission Enforcement Investigator Jonathan Tizzard said:
“It is vital that tree-felling and the necessary harvesting of timber is carried out legally to avoid detrimental effects to the environment.
“The Forestry Commission plays a vital role in helping to tackle forestry-related crime as the industry regulator, and we work with the Crown Prosecution Service and courts to bring offenders to justice and deter future offending in order to protect forests and woodlands across the country.
“It is encouraging to see the courts use their new powers to order restocking, as well as impose a fine. This should reinforce the message to potential offenders that they cannot expect to reap the benefits of their environmental crimes.”
This case follows another successful court outcome in December 2023 when the court ordered a West Sussex landowner to replant trees at the site of illegal felling after the Forestry Commission issued a Section 24 Enforcement Notice which the landowner did not comply with. Both cases have seen courts use powers available to them since January 2023 following amendments to the Forestry Act 1967.
For advice on how to report instances of suspected illegal tree felling, go to Report suspected illegal tree felling.
Additional information:
- More information on where an exemption from a felling licence may apply is available in the Forestry Commission booklet Tree Felling: Getting Permission.
- Guidance on applying for a licence to fell growing trees is available via the Felling Licence Online system, which is free of charge.
- In addition to a felling licence, other permissions to fell the trees may also be required. Further details can be found at: Tree felling licence: when you need to apply.
- Felling trees without the authority of a felling licence, where one was required, currently carries an unlimited fine upon conviction in a Magistrates Court, set at the Court’s discretion.
- The Forestry Commission is empowered to serve a Restocking Notice upon the individual responsible for the land where it ‘appears’ that illegal tree felling occurred, either with or without having secured a conviction. This Notice compels the individual served to restock the land with trees. Failure to comply with this Notice will result in an Enforcement Notice being issued, which, if not complied with, may result in a separate offence being committed which carries a penalty of an unlimited fine and/or the court making a Restocking Ordered. Failure to comply with a Restocking Order may be held to be contempt of court and carries a penalty of a custodial sentence.
- The Forestry Commission regulates the felling of trees and makes sure that where granted, licences to clear fell typically contain a legally binding requirement that trees are restocked (i.e. replaced) after felling.