Ash Dieback - to ask the Department, or to not ask and fire ahead?

LogLady · 30-08-2021 9:55am #1

Is it better to act and ask for forgiveness later, or seek permission and risk delays, paperwork & price gouging?!

Hello all, I posted this same thing in the old Ash Dieback thread looking for Oldtree's input but just found out he hasn't posted in over a year. So since it's long, thought I'd better repost as a new discussion. A loooong time ago, I had a different account that I closed, but had previously posted in this thread as the owner of a very small Ash plantation. I'm back up here now because it's difficult to know what to do and the Department isn't the place to have a chat about potentially not doing everything strictly by the book!

Ok, so having sold a number of acres to get a smaller headache than the massive migraine I had, I still own 2 acres next to the house. Not much and easier to handle. In Spring 2019 I went ahead and did the 2nd thinning without waiting for the grant (mostly because I was waiting on the forms so long that my felling guy was going to be gone somewhere else for the months I needed him) and it was then I discovered the extent of the dieback. Of course now, I see it everywhere - there is hardly a tree without it and it's obvious I am going to have to clear-fell. I took the decision to sell 2/3 to a neighbour (with full disclosure about the dieback and forestry obligations, obviously) and I will replant the remaining 2 acres with mixed native Irish woodland, suitable to the different ground qualities and intend to leave 3 small clearings for the purposes of "glamping in the woods" (I asked the department forester and he said they wouldn't have a problem with this.....surprisingly!).

My issue is whether to go ahead and do this myself NOW this coming winter without all the rigmarole of departments, foresters, contractors, etc and just sell the standing trees to another neighbour who has already made me an offer for felling and clearing, and then go ahead and fund the replanting without a grant (which would be half nothing anyways). I still have a felling license in date until next year. I personally think the department won't come near me, and even if they did, I AM replanting and will maintain the integrity of a woodland (20m x 20m, with the potential for the canopy to close over is what the Dept forester told me). Is it strictly illegal not to inform the department I'm clear-felling and replanting myself?! At this stage, having managed the bigger plantation for 15 years over the 1st and 2nd thinning, I am very reluctant to throw money at every contractor I meet and end up paying for the timber twice over, when I could actually break even doing this my own way. Bearing in mind I am a woman of a certain age who does none of the work myself, until hauling the blocked logs up to the house ;-)

Any thoughts?!

Re-edit: There is precisely NO access for logging trucks and it is entirely land-locked. Tractors and mini-forwarders only and extraction is a big issue. That's why this neighbour's offer is the least hassle and the fewest contractors.

LogLady · 01-09-2021 10:06am

Yeah, I hear you. I'm thinking that I could argue my case pretty effectively with photos of the dying Ash trees, and it is only 2 acres......

It's a risk but on the other hand, the eye in the sky would want to be pretty clued in to notice me and for the overworked dept forester to actually care enough to make a big deal about it. I'd say the worst that could happen in a court situation (if it came to the worst) is that I'd be instructed to replant (which I'm doing anyway). Yes, there might be a fine in that scenario but I'd be arguing that I'm only bypassing all the contractors, applications and grants, and doing what the foresters would recommend anyway!

To be honest, I don't have a lot of choice. Based on previous experience I can't afford to either wait for the grants or hope to find/afford multiple contractors to come in here and do such small work without being able to easily extract the timber. I've struggled to find people before and there's more and more getting out of the industry now especially with the hold up in felling licences etc.

I appreciate your reply. I'm still not sure if I'm more afraid of getting a smacking from the department or getting tied into 3 - 4 years of paperwork and contracts, ha!