Guidance

Request to change permissions or conditions on your felling licence

Published 1 May 2025

Applies to England

Introduction 

The Forestry Commission has no statutory powers under the Forestry Act 1967 (‘the Act’) to amend or withdraw a felling licence once it has been issued. The only exception is to correct administrative errors.

However, in some circumstances, it may be appropriate for us to agree alternative felling permissions and/or restocking conditions on an approved felling licence with the licence holder. 

Depending on the situation, and whether felling work has already begun or not, there are different options available.  

In some cases, we may be able to issue a Discretionary Enforcement Agreement (DEA). This is a written agreement where we agree not to enforce the conditions of an approved felling licence, so long as a set of alternative conditions are followed. In other cases, it may be more appropriate to issue a new felling licence. 

This operations note outlines our policy for agreeing alternative felling permissions and/or restocking conditions on an approved felling licence. This policy does not apply to restocking notices, enforcement notices, or restocking orders (made under s.17A, 24 and 24B of the Act respectively). 

It is at our discretion to agree any alternative permissions and/or conditions on an approved felling licence. We reserve the right to refuse any frivolous or unreasonable requests. 

Discretionary Enforcement Agreement 

A Discretionary Enforcement Agreement is where we agree not to enforce the restocking conditions of an approved felling licence, so long as an agreed set of alternative restocking conditions are followed. A DEA may also, in some cases, grant additional felling permissions. 

The DEA takes the form of a letter, developed and agreed between the Forestry Commission and the licence holder. It outlines the alternative conditions the licence holder must follow. The DEA sits alongside the felling licence until the relevant permissions or conditions of the licence expire. 

If the DEA grants additional felling permissions, it also guarantees that we will not take enforcement action against the agreement holder for the unlicenced felling of those trees (under section 17 or 17A of the Act). 

The DEA does not automatically update or renew any permissions or consents granted by other organisations (for example, Natural England). It is the licence holder’s responsibility to ensure the relevant permissions and consents are in place prior to commencing any works in relation to the DEA. 

If the licence holder chooses not to follow the agreed alternative conditions in the DEA letter, they must ensure compliance with the original approved felling licence conditions. 

If the licence holder fails to comply with either option, we will consider enforcement options in relation to the conditions of the original approved felling licence. We will determine how to action all enforcement cases in line with our Enforcement Policy. 

Legal position 

There is no legal power to amend or withdraw a felling licence once issued, except to correct administrative errors. This means that, by following the agreed alternative conditions set out in a DEA, the licence holder will technically be in breach of their licence. However, the DEA limits the degree of risk both the licence holder and the Forestry Commission must take in doing so. 

The DEA offers a way to agree alternative permissions and conditions without issuing another felling licence on the same area of land. Where possible, we will seek to avoid ‘stacking’ licences in this way for 2 reasons: 

1. The presence of multiple licences can result in more felling permissions being granted than we would normally allow. Licence holders could proceed to exercise their felling rights under both licences, which would result in more trees being felled than was initially intended. This is particularly an issue where multiple thinning permissions exists on top of one another.  

2. The presence of 2 licences does introduce scope for challenge (even if ultimately flawed) or confusion as to which restocking conditions are legally binding. Where there are multiple conditional felling licences on the same area of land (for example, 2 licences for clear felling and restocking), we would expect the works to be undertaken under the most recent licence. 

By providing a way for a licence holder to request to agree alternative permissions and/or conditions, we are following the principles set out in the Regulators’ Code. 

Submitting a request before felling work has begun 

When a licence holder begins felling works in line with the permissions granted by their licence, they engage the restocking conditions of that felling licence. 

They are legally obliged to ensure compliance with those conditions by the final restocking compliance date of the licence.  

This means we have greater scope for agreeing alternative permissions and/or conditions if the licence holder has not begun felling work, because no conditions will have been engaged. 

If the felling work has not yet begun, there are 2 options: 

1. If the requested alternative permissions/conditions are ‘minor’, we are more likely to issue a DEA letter.

2. If the requested alternative permissions/conditions are ‘major’, we are more likely to issue a new felling licence.

Minor alternative permissions and conditions 

Minor alternatives are those which are only a small deviation from the permissions and conditions set out in the approved felling licence. We are more likely to issue a DEA letter in this scenario. 

We consider the following typical alternatives as ‘minor’. This list is not exhaustive. We will assess each request at our discretion and advise if the proposed alternatives are ‘minor’ or ‘major’. 

Felling permissions: 

• decrease within the existing mapped area of the felling licence 
• decrease in the volume of timber, or number of trees to be felled 
• small corrections to compartment boundaries to reflect the physical features or boundaries of the site 
• change in any felling type to thinning 

Restocking conditions: 

• change in species from broadleaf to another broadleaf* 
• change in species from conifer to broadleaf* 
• change in species from conifer to another conifer* 
• small changes to overall restocking species composition – this means up to 25% change in the composition of species already listed, so long as this does not involve an increase in conifer at the expense of broadleaf* 
• small reductions in stocking density – less than 25% change 

*This excludes changes to an emerging forestry species. Emerging forestry species are those listed as ‘plot-stage species’ or ‘specimen-stage species’ in Forest Research’s tree species database.

Major alternative permissions and conditions 

Major alternatives are those which are a significant deviation from the permissions and conditions set out in the approved felling licence. We are more likely to issue a new felling licence in this scenario. 

We consider the following typical alternatives as ‘major’. This list is not exhaustive. We will assess each request at our discretion and advise if the proposed alternatives are ‘major’ or ‘minor’. 

Felling permissions:  

• any change to the licence area beyond small corrections to compartment boundaries 
• increase in overall area of the licence 
• increase in the volume or timber, or number of trees to be felled 
• change in felling type, other than to thinning 
• change in species to be felled 

Restocking conditions: 

• change in species from broadleaf to conifer 
• change in species from a principal species to an emerging forestry species* 
• significant changes to overall restocking species composition – this means a 25% or more change in the composition of species already listed, or any change in composition where conifer increases at the expense of broadleaf 
• any change to the proposed restocking area 

• significant reductions in stocking density – 25% or more, or to anything below the standard stocking densities (1,100 stems per hectare for broadleaf, 2,500 stems per hectare for conifer) 

• Emerging forestry species are those listed as ‘plot-stage species’ or ‘specimen-stage species’ in Forest Research’s tree species database.

Site constraints 

Any proposed alternative permissions and/or conditions on a site where the following constraints are present will be considered ‘major’. 

1. Sites of Specific Scientific Interest.

2. Scheduled Monuments.

3. Tree Preservation Orders (TPO). 

This is because there is either: 

• a statutory requirement to consult the relevant organisation  
• the need to obtain non-Forestry Commission statutory permissions 
• the need to undertake a habitats regulations assessment 

For further information on the interaction between felling licences and TPOs, see felling licences and Tree Preservation Orders. 

Submitting a request after felling work has begun 

When a licence holder begins felling work in line with the permissions granted by their licence, they engage in the restocking conditions of that felling. 

They are legally obliged to ensure compliance with those conditions by the final restocking compliance date of the licence. 

This means our scope for agreeing alternative permissions and/or conditions is more limited if felling works have already begun, because the conditions will have been engaged. 

As such, we will normally only consider requests to agree alternative permissions and conditions post-felling in exceptional circumstances. 

You cannot submit a request to agree alternative permissions and/or conditions once the final restocking compliance date of your licence has been reached. 

Exceptional circumstances 

Exceptional circumstances are events or situations which a licence holder could not have reasonably foreseen, or have been able to address, when applying for their felling licence. 

These circumstances will most likely be related to tree health issues or climatic events. They will make compliance with any engaged conditions unreasonable for silvicultural reasons. It would be unreasonable to expect the trees prescribed in the conditions to grow and establish in the land specified. 

If you plan to make a claim of exceptional circumstances, there must be a strong justification for agreeing that position. Any proposed alternative permissions and conditions must be grounded in the requirements and good practice guidelines of the UK Forestry Standard, and sound evidence of the site. 

Examples of exceptional circumstances

The following examples are not exhaustive and illustrate the scenarios in which we would (or would not) consider a request to agree alternative permissions and conditions on an approved felling licence.  

We will assess each request at our discretion and advise if we deem the circumstances to be exceptional. 

Example scenario 1 (tree health) 

A landowner holds a felling licence with a restocking condition of 15% Norway spruce (Picea abies). Two years after the felling work has begun (the conditions of that felling having been engaged), a new tree pest (Ips typographus) is detected in the area surrounding the woodland. Under new legislation, restocking with any spruce species is now prohibited in the area.

In this scenario, the landowner may ask to agree alternative restocking conditions from Norway spruce to another appropriate species. We may issue a DEA letter outlining the agreed alternative restocking conditions. 

Example scenario 2 (climatic event: windblow) 

A windblow event pushes over many trees on a site with a felling licence in place. The trees are still standing, but at an angle. The licence allows for a certain volume of timber to be felled. However, the number of blown trees far exceeds this figure. Additional felling permissions are required to fell the (standing) blown trees. 

In this scenario, the licence holder could submit a request for additional felling permissions to fell the (standing) blown trees and fell back to a windfirm edge. As the circumstances are exceptional, we may issue a DEA letter to grant additional felling permissions and set out alternative restocking conditions. 

Example scenario 3 (climatic event: windblow)  

A windblow event pushes over many trees on a site with a felling licence in place. The blown trees lie flat on the ground. The licence permits a certain number of trees to be felled, but the number of blown trees exceeds this figure.  

The (fallen) blown trees have not been ‘felled’ by the licence holder, so no additional felling permissions are required to remove them from the site. The restocking conditions are also not engaged in relation to the (fallen) blown trees. 

If the licence holder started felling works before the windblow event (and, therefore, engaged the restocking conditions for that felling), they are still legally obliged to ensure compliance with those conditions in relation the area of land they have actively felled. Intentionally felled areas must be restocked as conditioned by the approved felling licence. 

Example scenario 4 (climatic event: flooding) 

A landowner holds a felling licence for regeneration felling and restocking by planting 3ha of woodland. The felling works have been completed and the site has been restocked in line with the conditions.

However, the area has experienced unseasonal, heavy rainfall over the past 3 years and the planted trees are failing to establish because of site conditions. It will not be possible to achieve compliance with the conditions before the final restocking compliance date. 

In this scenario, the landowner may request to agree alternative restocking conditions. We may issue a DEA letter to agree alternative restocking conditions, likely either to a species more suited to the wet conditions of the site, or to an alternative restocking area. 

Example scenario 5 (change in government policy) 

A landowner in the uplands holds a felling licence with conditions to restock with mixed broadleaf species. The site has peaty soils 40cm in depth. Following research and policy development, the government publishes new guidance to tree planting on peat. The key threshold of peat depth on which tree planting is deemed unsuitable is reduced from 50cm to 30cm. 

In this scenario, we may seek to agree alternative restocking conditions with the landowner by issuing a DEA letter. The DEA could set out an alternative restocking area where deep peaty soils are not present. 

How to submit your request 

To submit a request to agree alternative permissions and/or conditions, complete our request form.

Send your completed request form to your local Forestry Commission operational delivery team hub. 

We aim to make a decision on your request within 28 calendar days. 

Contact us

If you have any queries about the request form or the process, contact your local operational delivery team hub, or woodland officer from your nearest area office.