Nature Conservation 4/2011 — 3. 11. 2011 — Nature Conservation Legislation — Print article in pdf
Havelková S.: Question Marks on Felling Woody Plants
Although decision-making on permitting felling woody plants growing outside the forest is one of the most frequent administrative acts issued by the State Nature Conservancy authorities, some questions have not been clear yet. The basic condition under which felling can be permitted is presence of serious reasons as well as assessment of functional and aesthetical importance of the particular woody plant.
Significance of the reason should be seen through such an importance of the woody plant. The problems are raised particularly when a permit is to be issued in relation to location of a new structure. Pursuant to the decision of the Supreme Court of the Czech Republic, such reasons are given only when a structure is being lawfully located. The practice of the Court raises doubts how public interests on woody plant conservation should be enforced by a State Nature Conservancy authority during planning permission proceedings that have to tackle all public interests. Therefore, the author considers as appropriate to assess seriousness of reasons and functional and aesthetical importance of the woody plant during decision-making on permitting felling before issuing planning permission.