Tree felling: rights and grounds for appeal

A summary of:

• your right to appeal a tree felling decision, and 
• the grounds or reasons that you can appeal

You can find full details of the appeal rights under the Forestry Act 1967 (on gov.uk)

You can find details of Tree felling: appeal a decision. 

You must appeal within 3 months from the day after you receive the notice or decision. We will not consider any appeals received late. 

The exception is where a notice suspending a felling licence should have ended before the suspension period ended.

There are different forms for each reason for appeal. NRW will include:

• the relevant appeal form, and 
• instructions on how to appeal 

when they send you a decision or notice. 

Right of appeal 

You must be the applicant for the felling licence and either:

• you have been refused a felling licence, and a previous application to fell the same trees was made and refused more than three years before the current application, or
• NRW has not decided an application within three month of its receipt or longer if agreed between the applicant and NRW, or
• a condition has been attached to your felling licence which you want reviewed

Grounds 

Set out why you are aggrieved by the refusal of the felling licence, or by the conditions applied to the licence.

Relevant form and regulations 

Forestry (Felling of Trees) Regulations 1979:

• form 4: request for review of refusal of a licence (decision made)
• form 5: request for review of refusal of a licence (no decision received)
• form 6: request for review of conditions of a licence 

Right of appeal 

You must have received a re-stocking notice after unauthorised felling of trees either to replant the site or a compensatory area, and to maintain the trees for 10 years.

Grounds 

Set out why you object to the notice or to any condition contained in the notice.

Relevant form and regulations 

Forestry (Felling of Trees) Regulations 1979 as amended by Forestry (Felling of Trees) (Amendment) Regulations 1987

• form 6A: notice of objection in relation to a restocking notice

Right of appeal 

You must have been given a felling direction in respect of any trees by NRW. 

Grounds 

That the felling 

• is not expedient as mentioned in section 18(1) i.e. in the interests of good forestry, or 
• for purposes connected with their duty of promoting the establishment and maintenance of adequate reserves of growing trees: 
  • will not prevent deterioration or further deterioration of the timber, or
  • will not improve the growth of other trees 

Relevant form and regulations 

Forestry (Felling of Trees) Regulations 1979:

• form 7: request for review of felling directions

Right of appeal 

You must have been given felling directions, and you believe following them will result in a financial net loss to you. You can:

• request that NRW buy the related trees where you have the right to sell the trees for immediate felling, or
• ask the Minister to buy your interest in the related land 

Grounds 

If you will suffer a net loss as a result of the felling after taking into account any benefit.

Relevant form and regulations 

Forestry (Felling of Trees) Regulations 1979

• form 8: notice requiring purchase of trees or land under section 21(2)

Right of appeal 

You must be the person to whom the notice has been given as the applicant or owner of the land and have received:

• a notice to comply with conditions of works required to be carried out as set out in a felling licence or
• a notice to comply with felling directions

Grounds 

• if you believe the work in question has been carried out according to the conditions/direction referred to by the notice, or
• if you believe the steps required by the notice are not required by the conditions of the felling licence or directions

Relevant form and regulations 

Forestry (Felling of Trees) Regulations 1979 as amended by the Forestry (Felling of Trees)(Amendment) Regulations 1987

• form 9: Request for review of section 24 notice 

Right of appeal: section 24C(3) notices

You must be either: 

• the person to whom the notice was given
• a person with such estate/interest in the land as referred to in section 10(1) of the Act
• the owner of the trees

and have received a notice about non-compliance with “environmental” conditions of a felling licence 

Grounds 

• if a condition referred to in the notice has been complied with or is being complied with 
• suspending or revoking the felling licence is unreasonable or disproportionate
• the variation of a condition of the felling licence or the imposition of a new condition is unreasonable or disproportionate
• a step specified in the notice is unreasonable or disproportionate
• where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24C(7)(b) of the Act

Right of appeal: section 24D(2) notices

You must be: 

• a subsequent estate or interest holder to the one to whom the original notice was given, and 
• you have received a notice requiring steps to be taken and those steps were not taken by the previous owner.

Grounds

• if you consider a step specified in the notice is unreasonable or disproportionate

Relevant form and regulations 

Forestry (Felling of Trees) Regulations 1979 as amended by the Forestry (Felling of Trees)(Amendments)(Wales)Regulations 2023

• Form 9A: Appeal against notices served under section 24C, section 24D and section 24E of the Act

Right of Appeal

You must be either 

• the person to whom the notice was given
• a person with such estate/interest in the land as referred to in section 10(1) of the Act
• the owner of the trees

and have received a notice where NRW considers that felling in accordance with the licence is causing or is likely to cause significant harm to the environment 

Grounds 

• the felling is not causing the harm specified in the notice or is not likely to cause the harm
• suspending or revoking the felling licence is unreasonable or disproportionate 
• an amendment to the felling licence is unreasonable or disproportionate 
• where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24E(4)(b) of the Act

Relevant form and Regulations 

Forestry (Felling of Trees) Regulations 1979 as amended by Forestry (Felling of Trees)(Amendments)(Wales)Regulations 2023

• Form 9A: Appeal against notices served under section 24C, section 24D and section 24E of the Act

You can find details of appeal forms and prescribed periods in the regulations:

The Forestry (Felling of trees) Regulations 1979 (on gov.uk) which were amended by:

The Forestry (Felling of Trees) (Amendment) Regulations 1987 (on gov.uk) 

The Forestry (Felling of Trees) (England and Wales)(Amendment) Regulations 2002 (on gov.uk)

The Forestry (Felling of Trees) (Amendment) (Wales) Regulations 2023 (on gov.uk). (This regulation relates to notices under the new powers in the Forestry Act 1967 on environmental conditions and risk of harm to the environment).