If an authority grants consent for a tree to be felled and wishes there to be a replacement tree or trees, it must make this a condition within the decision. If it does not make such a condition it cannot serve a tree replacement notice requiring replacement.
Where an authority grants consent for work in woodland that does not require a felling licence it may impose a condition to replant the land. The authority may wish to consult the Forestry Commission on the details of such a condition.
The authority may enforce replanting by serving a tree replacement notice on the landowner.
Replacement trees planted under a condition rather than because of an obligation under section 206 of the Town and Country Planning Act 1990 are not automatically protected by the original Order. So, the authority should consider varying the Order where, for example, replacement trees are of a different species to that referred to in the Order.
