Are all the other scenarios in Section 19, that allow tree felling without a licence, irrelevant in this case also?
Here are some common scenarios where trees can be felled without the need to submit a tree felling licence application under Section 19 of the Forestry Act, 2014:
- A tree in an urban area. An urban area is an area that comprised a city, town or borough specified in Part 2 of Schedule 5 and in Schedule 6 of the Local Government Act 2001 before the enactment of the Local Government Reform Act 2014.
- A tree within 30 metres of a building (other than a wall or temporary structure), but excluding any building built after the trees were planted.
- A tree less than five years of age that came about through natural regeneration and removed from a field as part of the normal maintenance of agricultural land (but not where the tree is standing in a hedgerow).
- A tree uprooted in a nursery for the purpose of transplantation.
- A tree of the willow or poplar species planted and maintained solely for fuel under a short rotation coppice.
- Trees outside a forest – within 10 metres of a public road and which, in the opinion of the owner (being an opinion formed on reasonable grounds), is dangerous to persons using the public road on account of its age or condition.
- Trees outside a forest – the removal of which is specified in a grant of planning permission.
- Trees outside a forest – of the hawthorn or blackthorn species.
- Trees outside a forest – in a hedgerow and felled for the purposes of its trimming, provided that the tree does not exceed 20 centimetres in diameter when measured 1.3 metres from the ground.