EPS Licencing

1. EPS Licencing

2. Good Practice or Licence? • FC acting as facilitator. • FC will encourage owners to work within good practice guidelines. • Licencing - very much the last option. • All licence applications must meet three key tests.

3. Good practice or Licence? • Must avoid speculative applications. • Work within the guidance or licence conditions - unlikely to be considered in the public interest to prosecute.

4. FC’s Key Roles. • Notify owners if proposed work • is not relevant • in line with guidance • not in line with guidance • Guide the applicant in provision of information. • Assess if information is adequate or not. • Assess scale of operation.

5. FC’s Key Roles • Advise if a licence is required. • Confirm with NE that the proposals meet the first two key tests. • Make recommendations to NE on the third key test. • Pass to NE for final processing and issue of licence. • NE “minded to refuse”. • Issue the licence.

6. FC’s Key Roles. • Initially we will assist as appropriate. • In time we will expect agents/regular applicants to need less support. • We will continue to support first time or occasional applicants.

7. When relevant? • Habitats Regulations relevant to all new work. • All existing permissions where work has not yet started.

8. When is FC involved ? • EWGS, FLA or possibly EIA. • Any other tree felling, thinning or coppicing carried out in woodlands, including those done under Environmental Stewardship or other agri-environment schemes. • Surgery/safety work to trees within a woodland. • Work on land which is helping to create woodland, including fencing and ground preparation. • Creating, improving or modifying a road or track within a woodland which does not require full planning permission.

9. When is FC not involved? • Felling exemptions under the Forestry Act. • Work on trees and hedges on farmland (whether or not this is covered by Environmental Stewardship or other agri-environment schemes). • Surgery/safety work to trees that are not in woodland. • Work involving full planning permission within woodland: • Any access improvement or construction. • Any work associated with development or buildings. • Constructing leisure facilities or holding events and activities.

10. Who applies and when? Who should apply? • Generally the person planning the operation. (Owner or legally appointed agent?) When? Three possible scenarios: • After FL issued / Approval of Grant. • Process same time as FL/EWGS application. • Other times as appropriate (stand alone applications).

11. Tree safety. • Hab Regs v. H&S? • Planned tree surveys. • Emergencies - Common sense approach. • Not covered in guidance.

12. The process itself. • Confirmed that EPS is or is likely to be present. • Completed the FC checklist. • Agreed with FC that the work cannot be done within good practice guidance. • Complete the FC application form and send to your regional office.

13. Application process. • Maps are essential. • Location map showing site. • Detailed site / woodland map identifying all relevant details. • Identify area of work and what is being done. • Location of bat roost, newt pond, otter holts etc. • Location of other suitable habitat. • Extraction and stacking areas.

14. Excellent, existing dormouse habitat Narrow forest ride with overhanging hazel and other species. Timber extracted to this point Areas for retention

15. Application process Evidence of species being present. • Records may vary! • Risk based approach. • Separate application for different species (but not bats). But likely that you will need to identify individual bat species present. • smooth snake and sand lizard combined application.

16. Purpose of the Work First Test! The work is being done to: • Conserve wildlife. • Ensuring public safety. • Help deliver the Government’s woodland strategy and provide public benefit. Most likely the last two.

17. Alternatives ways of working Test two! We don’t expect to see every last alternative! • Time of year? • Machinery being used? • Area to be worked?

18. Favourable Conservation Status Test three! • Assess the likely affect that the work will have on the population(s) involved. • State how the damage might occur. • Highlight what can be done on site to minimise damage. • Estimate recovery time and identify how things may be improved as a result of the work.

19. Favourable Conservation Status Mitigating action? • NE will be seeking improvements. • Each good guidance note identifies mitigating work. • Can’t just say. Must do as well! Licence will identify conditions. • Failure to comply may be regarded as a breech.

20. Confirmation by the FC. The first, two tests. • The work is being done in order to meet England’s strategy for woods and trees, or Health and Safety. • There is no satisfactory alternative. • NE will accept our confirmation of these.

21. Confirmation by NE. The final test. • Pass to NE for final processing. NE will make the final decision on Conservation Status. • The overall package of work will not be detrimental to the population. • Final process - issue the licence.

22. The Licence. • Processing times. • 6 weeks • 8 weeks if includes site visit • Otherwise same as EWGS/FLA • Length of licence • As appropriate.

23. After a Licence? Inspections? • NE responsible for any programmed inspections. • FC will assist NE during site investigations. • FC won’t go looking. • Make NE aware of possible breaches noted during routine visits. Part of cross compliance.

24. Finally! • If proposals do not meet any of the three tests a licence cannot be issued. • Ensure you keep a record of everything you do. • Strongly advised not to proceed with operations that involve a high risk of committing an offence without a licence.