Jan 2014
Felling Licences - Charter Standard
ISBN 978-1-84807-436-1
Introduction
The Forest Service is the agency of the Department of Agriculture and Rural Development (DARD) responsible for the regulation of tree fellingunder the Forestry Act (Northern Ireland) 2010, The Forestry (Felling of Trees) (Calculation of the Area of Land) Regulations (Northern Ireland) 2013 and The Forestry (Felling of Trees) Regulations (Northern Ireland) 2013. The purpose of this regulation is to promote sustainable forest management, with its wide range of environmental and other benefits, and ensure that woodlands are managed as a renewable resource.
The Forest Service controls tree felling through the issue of felling licences. We also investigate cases of suspected illegal felling and may prosecute offenders. Whether or not a prosecution takes place, Forest Service can serve any owner or tenant suspected of illegal felling with a restocking notice to ensure that the trees are replaced.
Information and advice
To help you decide whether you need a felling licence we have produced a Guidance Booklet. You can read the booklet on our website at or request a copy from our Felling Licence Branch (contact details on page 5).
Your application must reflect good forestry practice as outlined in the UK Forestry Standard and accompanying guidelines, and links to these publications are provided in the Guidance Booklet.
Openness
- We will always carry identification and give our names in all correspondence with you, on the telephone and in face to face contact
- If we refuse your application for a licence, we will advise you of the reasons in writing
- We will advise you in writing if your licence conditions have not been met and we may allow you time to put things right
Response
- We will answer telephone enquiries promptly
- If you speak to someone who cannot provide advice, or you need technical advice, we will arrange for someone who can help to call you back
- If you write to us by letter, fax or email and your correspondence needs a reply, we will respond within 10 working days. If we are unable to give you a full reply within this time we will tell you why andwhen to expect a full response.
Your FellingApplication
- We will send a letter or email to let you know that we have received your felling application within 3 working days.
- If we cannot deal with your application we will tell you why.
- Where you have given permission for certain details to be placed on the public register, we will discuss and agree any necessary changes with you before placing the details on the register.
- If your application is complete and we can deal with it we will:
- carry out any necessary visit within 4 weeks
- start any consultation required with other statutory bodies within 5 working days
- aim to issue your licence within 10 weeks of receiving your application, unless there are circumstances beyond our control or the application raises sensitive or complex issues
- tell you if we cannot meet any of these deadlinesand why
We are required by the Forestry Act (Northern Ireland) 2010 to reach a decision about your application within 3 months of the date we receive a satisfactory application, unless you agree to an extension.
Appeals
If you are refused a licence or if the licence is subject to conditions which you are not happy with, you can appeal to an independent person appointed by the Forest Service. The appeal may be written or in the form of a hearing. You may also appeal in respect of-
- An enforcement notice in respect of the conditions of a felling licence not having been carried out.
- A restocking notice or any requirement contained in the restocking notice.
- An enforcement notice in respect of a restocking notice.
There is a three month time limit in each case where an appeal may be made, beginning on the date of receipt of the licence or notice in respect of which an appeal is being made.
Notices of Appeal
Notice of appeal should be made on the appropriate form which may be obtained in hard copy, along with further information on the appeals system, from Felling Licence Branch, Forest Service, Inishkeen House, Killyhelvin Industrial Estate, Enniskillen, Co Fermanagh BT47 4EJ, telephone 028 66343165.
How you can help us
- Ask for helpif you are not sure what to do.
- Complete your application form legibly.
- Provide a good quality map of scale 1:10,000 or a larger scale; remember to sign and date it.
- Give us all the information you think we may need to assess your application.
- Ensure your application meets the UK Forestry Standard and supporting guidelines.
- Tell us if you are concerned that trees are being felled without a licence.
Complaints
- If you have a complaint about us or our service, tell us in person, by letter, fax, email, telephone or text phone.
- If possible, first contact the person you have been dealing with.
- If you are not satisfied, you can refer your complaint to a senior manager. The senior manager will investigate your complaint and respond directly to you.
- If you are still not satisfied, you can write to our Chief Executive, who will oversee a further investigation of your complaint.
- If you have received a final reply from the Chief Executive and remain unhappy, you can ask a member of the Assembly (MLA) to refer your complaint to the Assembly Ombudsman. The Ombudsman provides a free service and is totally independent of the Government. He has wide legal powers that enable him to investigate complaints against Departments and their Agencies. Normally the Ombudsman will expect you to have used our complaints procedure before he will consider your case.
Contacts
Felling Licence Branch
Forest Service Regional Office
Inishkeen House
Killyhevlin Industrial Estate
Enniskillen
Co Fermanagh
BT74 4EJ
Telephone: 028 663 43165
Fax: 028 663 43144
Email:
About this publication
This publication can be made available in an alternative format. For further details please contact Richard Hyde at the address and telephone number quoted above.
This Charter Standard was published on 12 January 2014