Appealing a forestry enforcement notice
When and how to appeal a forestry enforcement notice, what evidence to include, where to send your appeal and how your appeal is decided.
Applies to England
The Forestry Commission may issue you with an enforcement notice if you:
- do not comply with the conditions of a forestry restocking notice
- do not comply with felling directions
- breach the conditions of a felling licence
The enforcement notice tells you the steps you need to take to comply with the notice and by when.
The Forestry Commission does not enforce an enforcement notice for 3 months after it is served. This gives you the opportunity to appeal the enforcement notice.
Read more in the Forestry Commission enforcement policy guidance notes.
Your right to appeal against a forestry enforcement notice
You have the right to appeal against an enforcement notice within 3 months of you receiving the enforcement notice.
When you can appeal against a forestry enforcement notice
Section 25 of the Forestry Act specifies when you can appeal against an enforcement notice.
You may only appeal an enforcement notice because:
- you’ve already completed the steps required by the felling licence or the restocking notice and met the specified conditions
- you’ve complied with the felling directions
- the felling licence or restocking notice conditions or the directions do not require the steps specified in the enforcement notice
No other grounds of appeal are accepted.
How to appeal against a forestry enforcement notice
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Download a copy of the appeal Form 9.
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Complete the appeal Form 9.
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You must include all your grounds of appeal in the Form 9.
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Sign the Form 9.
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Send the Form 9 to Defra. Defra must receive your appeal within 3 months of you receiving the enforcement notice.
Where to send your appeal
Send your completed Form 9 by email to TreesRegulation@defra.gov.uk.
Add the enforcement notice number to the subject line of the email.
If you prefer, post it to:
Department for Environment, Food and Rural Affairs
Seacole Building
2 Marsham Street
London
SW1P 4DF
Defra must receive your appeal within 3 months of you receiving the enforcement notice.
What evidence can support your appeal
When you send your appeal, you can also send us supporting evidence. This is not compulsory, but it may help to make your appeal clearer.
You should add a contents page for your documents and number each page. This makes it easier to process your appeal.
If your files are larger than your email account’s file size limits, email the Form 9 only. Tell us in your email that your supporting documents are too large to send. We’ll tell you where to send your additional documents.
Supporting documents may include:
- correspondence, such as emails and letters
- images of the site
- site surveys
- witness statements
- other documents
What happens after you send your appeal
Defra will email or write to you to confirm we’ve received your appeal.
The minister will decide if your grounds of appeal can be accepted and if the appeal was received in time.
If your appeal is accepted, we’ll write to you to tell you. Your appeal will then go to a reference committee. Read more about reference committees.
If your appeal is not accepted, we’ll tell you why.
Who decides your appeal
After the reference committee has heard the appeal, the minister considers the reference committee’s report and decides whether to confirm or cancel the enforcement notice.
What happens after the decision is made
Defra will send you a letter detailing the minister’s decision and a copy of the reference committee’s report.
If the enforcement notice is cancelled, the minister’s decision letter will confirm that the enforcement notice is cancelled.
If the enforcement notice is confirmed, you must meet the conditions of the enforcement notice.
If you disagree with the appeal decision
You may be able to challenge the decision in courts if you think the decision is not legally sound.
You should get legal advice if you’re unsure. You can find a solicitor using the Law Society’s Find a Solicitor service.
How to withdraw your appeal
You can withdraw your appeal at any time by emailing Defra TreesRegulation@defra.gov.uk or by writing to Defra:
Department for Environment, Food and Rural Affairs
Seacole Building
2 Marsham Street
London
SW1P 4DF
You should include the enforcement notice number and your name and address in your correspondence.