From 1 January the government has announced that illegal tree felling will be punishable by uncapped fines and even prison sentences as it attempts to clamp down on the crime.
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Currently the fine for cutting down a tree without a licence is £2500 or twice the value of the timber, depending which is higher. This was established by the Forestry Act 1967, but since then the development value of the land, and not the value of the timber, has been the main motivation for illegal felling and so the new amendment was deemed necessary.
Forestry Act 1967
The Forestry Act 1967 will be amended by the Environment Act to allow uncapped fines to deter property developers illegally flattening woodland and trees.
Under current laws, a recent case where 12 old oak trees were illegally felled was punished by a fine of only £15,000 in January 2020. The case resulted in one of the biggest fines in recent years but it could be much larger now in the future. The Forestry Commission’s chief executive, Richard Stanford commented, as per The Guardian:
These new powers will hit people where it hurts – in their wallets. By guaranteeing that illegal felling is no longer a financially viable option for offenders, these measures are a significant step forward in the fight against this offence and will help in our endeavours to fight the climate emergency and nature crisis.
Tree Protection Orders
Local planning authorities already issue tree protection orders (TPOs) for certain trees and in these cases unlimited fines have always been possible. However from 1 January 2023, even trees without TPOs could be punished by an unlimited fine if they are chopped down illegally.
The amendment has been met mostly with a positive reception although some have questioned how often the fines will actually be issued as it was recently reported that only 15 of 4,002 alleged illegal felling cases reported to the Forestry Commission resulted in a successful conviction between 2012-13 to 2021-22, as per The Guardian.
However the robust measures have been applauded by many with Abi Bunker, the director of conservation at the Woodland Trust, commenting:
This is a welcome announcement which should strengthen protection for trees in England. These changes should send a clear message that felling trees illegally, for example prior to submitting development proposals, will not be tolerated, and that the penalties reflect the value and many benefits trees bring to our towns and cities.
Sources used:
- The Guardian 'Illegal tree felling in England to be punishable with jail and uncapped fines'
