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Can I get compensation if my application to carry out work on protected trees or woodland is refused or conditions are imposed?

April 26, 2017application carry compensation Conditions imposed protected refused trees Woodland

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Can I get compensation if my application to carry out work on protected trees or woodland is refused or conditions are imposed?

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If consent is refused – or granted with conditions – you can seek compensation from your council for any loss or damage which results. However you cannot make a claim where, under the terms of the order, the council has issued a certificate saying either: • that the refusal or condition is in the interests of good forestry, or • that the trees or woodland have an outstanding or special amenity value. You can appeal to the Secretary of State against such a certificate. the council will not be able to issue these certificates under tree preservation orders that are made after 2 August 1999. But they will be able to issue them under orders made before that date. Where a felling licence application has been refused by the Forestry Commission you may get compensation from the Commission under the relevant forestry legislation.