Tree felling: appeal a decision

Natural Resources Wales (NRW) makes decisions on tree felling licences. 

There may be times when you wish to appeal NRW’s decision. Before you appeal, you should discuss your case with the NRW Regulatory Woodland Officer. You should do this as soon as possible, as it may resolve your issue. If you still wish to appeal, you must do so within 3 months from the day after you receive the notice or decision.

You can appeal a tree felling decision if it falls under the following sections of the Forestry Act 1967:

• section 16: Review of refusal or conditions of a felling licence
• section 17B: Appeal against a restocking notice 
• section 20: Review of felling directions
• section 21: Courses open to a person adversely affected by felling directions
• section 25: Appeal against a notice under section 24 (Notice to require compliance with conditions or directions)
• section 26A: Appeals against notices given under sections: 
  • 24C(3) (variation/suspension, revocation of a licence where breach of condition), and 
  • 24D(2) (requiring subsequent owner or interest holder to take steps
• section 26B: Appeals against notices given under section 24E(2) (no breach of conditions)

You can find a summary of these at Tree felling: rights and grounds for appeal. These are also set out in detail in the Forestry Act 1967 (on gov.uk).

We will not be able to accept your appeal for consideration, if you:

• do not have a right to appeal, or 
• do not use the relevant grounds for appeal

Local authorities may also object where a notice served on you affects trees or woodland covered by a Tree Preservation Order (TPO). In this case, NRW will discuss this with you.

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. An example would be where conditions have been complied with, removing the reasons for the suspension, but the suspension period is longer than the 3-month appeal window. In this case, you can submit an appeal at any point during the period of suspension. The need to comply with a notice will be put on hold until appeal proceedings are complete. The exception is where “emergency criteria” apply. This is when NRW considers the notice is necessary to respond to an imminent and serious risk of harm to:

• natural beauty
• flora
• fauna
• geological features
• physiographical features
• natural habitats 

In this circumstance, the notice would take effect from the date the notice is given. You would need to comply with the notice from the date it takes effect. But you still have the right to appeal the notice if you wish to do so.

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 
• serve you with a notice

You may want to use an expert to advise you when submitting an appeal but this is not compulsory. 

To submit your appeal, you need to provide the following information:

• relevant appeal form completed using the relevant grounds for appeal 
• a copy of the notice where applicable
• a copy of the original felling licence or direction 
• a map indicating the area under appeal  
• a copy of any TPO affecting the appeal site and contact details for the relevant local authority
• any other information you feel is relevant to your case

You can send this information:

• by email to: polisicoedwigaeth.forestrypolicy@gov.wales, or 
• by post using recorded delivery to: 

Deputy First Minister with responsibility for Climate Change
c/o Land, Nature and Forestry Division
Forestry Resources Policy Branch
Welsh Government Offices
Crown Buildings
Cathays Park
Cardiff 
CF10 3NQ

You should also send a copy of the form to NRW:

Natural Resources Wales
Welsh Government Offices
Crown Buildings
Cathays Park
Cardiff 
CF10 3NQ

We will check that your appeal is valid and we received it on time.

If your appeal is not valid, we will write to you to explain why we cannot accept your appeal.

If your appeal is valid, we will:

• acknowledge receipt
• set out further details of the appeals process and may ask for further information from you
• write to NRW inviting them to submit information for the appeal
• arrange for a panel of 3 or 4 independent experts to hear your appeal on a convenient date
• arrange a site visit if you or the panel ask for this
• share all evidence provided by you and NRW between all parties in advance of the hearing
• invite you to attend the hearing to make your case, in person or by virtual meeting. The panel of experts will also hear evidence from NRW
• ask for further information if required

The panel will make recommendations. The Deputy First Minister will consider these and make a decision. 

We will send confirmation of the outcome of your appeal and the basis for that decision in writing.

You may be entitled to compensation if your appeal is successful. Find out more: Why we can suspend or revoke your felling licence (on naturalresourceswales.gov.uk).

If your appeal is not successful, you must comply with the decision made by NRW and the terms of the notice given to you. Failure to do so may result in further enforcement by NRW or a penalty. 

The Deputy First Minister's decision is final. It can only be challenged in the High Court on a point of law (known as “judicial review”). This is subject to the Court’s permission to do so. You may wish to get independent legal advice if this happens.