On this page you will read detailed information about Woodland Planning Regulations in the UK.
As a woodland owner, you have a stewardship responsibility to manage your land sustainably while complying with the law. Navigating the regulatory landscape can seem daunting to the uninitiated, but this guide aims to demystify key woodland planning regulations in the UK. In the following 100 words, you will gain clarity on critical definitions, restrictions, and requirements to consider when developing any plans for your woodland property. With clear explanations of the most current rules overseen by Natural England and the Forestry Commission, you will be equipped to craft management strategies that balance productivity and conservation within legal bounds. Whether you are looking to harvest timber, build structures or trails, or simply ensure the long-term health of your woods, this primer will empower you to make informed decisions.
Overview of Woodland Planning Regulations in the UK
- The Forestry Commission regulates the establishment, maintenance, and felling of woodlands in the UK. The Forestry Act of 1967 set up the Commission to oversee a licensing system for commercial felling and planting.
- The National Planning Policy Framework provides guidance for planning authorities on woodlands. It encourages sustainable forest management and new tree planting.
Licenses and Permissions for Woodland Management
- Felling licenses are required for all trees except some minor exemptions. You must apply to the Forestry Commission for permission before felling any commercial timber crop. Licenses specify terms like timing, volume and restocking conditions.
- Planting permission is needed for new woodlands over a certain size, usually 2 hectares. The Forestry Commission assesses applications based on environmental impact, landscape character, biodiversity and other factors.
Environmental Regulations
- The UK Forestry Standard promotes sustainable forest management. All woodlands in the UK should comply with its guidelines and Forest Law regulations for protecting wildlife, landscapes, water resources and more.
- Tree Preservation Orders can protect individual trees or whole woodlands of high amenity value. Planning authorities issue TPOs to restrict cutting, pruning, removal or damage without permission.
Be sure to research all relevant woodland planning regulations for your specific location and tree felling or planting plans. Consider consulting a professional forester as well for guidance navigating applicable laws and sustainable practices.
In the previous post, we had shared information about Section 54 of Transfer of Property Act, so read that post also.
Key Requirements for Planning Permission for New Woodland
When planning a new woodland in the UK, there are certain key requirements you must meet to gain approval for planning permission. Understanding these upfront will ensure your application has the best chance of success.
- You must conduct an environmental impact assessment. This involves professional surveys of existing wildlife, habitats, vegetation, and landscape character that could be affected. Proposed measures to protect and mitigate impacts must be detailed.
- Public access requirements may apply for woodlands over a certain size, usually 2 hectares. You’ll need to show how you will provide public access routes and parking areas.
- Tree planting plans are required, including species mix and layout. Native broadleaf species typical of the local area are preferred. Open space and habitat connectivity must be maintained.
- You’ll need approval for any buildings, roads, drainage or other infrastructure plans. These should aim to minimise landscape impact through sensitive siting and design.
It’s advisable to consult with planners prior to your application, as early as the site selection stage. This allows you to take their feedback into account on aspects like appropriate sites, scale and design.
Being aware of these key requirements from the outset will give your woodland vision the best chance of being realised while protecting the local environmental and community interests. Conducting thorough assessments and submitting comprehensive, thoughtful plans is essential. An experienced agent can help guide you through the process.
Planning Considerations for Managing Existing Woodland
When managing existing woodland in the UK, there are several important planning regulations and laws to consider:
- Permitted Development Rights – Some limited woodland management activities can be done under Permitted Development Rights without needing planning permission. This includes things like maintaining existing access roads and tracks, harvesting up to 2 cubic meters of timber per quarter, and building a structure under 4 meters high.
- Tree Preservation Orders – If individual trees or groups of trees have Tree Preservation Orders, consent is needed from the local planning authority before any pruning, felling, topping, lopping or uprooting can happen. This is designed to protect trees that provide public amenity value.
- Felling Licenses – For any felling over 5 cubic meters per calendar quarter, you’ll need to apply for a Felling License from the Forestry Commission. There are exceptions if the timber will only be used on the premises. The FC provide guidance on the application process.
- Environmental Protection – Planning authorities consider the environmental impact of proposals. If managing woodland risks harm to wildlife, important habitats, landscape designations like Areas of Outstanding Natural Beauty (AONBs), or heritage assets, consent could be harder to obtain or conditions imposed. An environmental impact assessment helps support applications.
- Public Access – The public has a right of access on foot to areas of woodland over 5 hectares. Management plans need to consider continued pedestrian access without undue obstruction. Gates, stiles or other access infrastructure may need to be maintained.
When preparing woodland management proposals, consulting with a professional planning agent can help navigate applicable regulations and improve chances of approval. Being aware of planning aims around issues like biodiversity, sustainability and community benefit can also create goodwill with decision makers. Maintaining positive relationships and open communication channels with local authorities facilitates this.
Exemptions From Woodland Planning Permission
There are exemptions where woodland planning permission is not required:
- Operations that do not involve tree felling, such as coppicing or pollarding. However, you should check for any protected species that could be disturbed.
- Cutting down trees with trunk diameter under 10cm when measured 1.3m from ground level. This does not apply to trees covered by a Tree Preservation Order (TPO) or in a conservation area.
- Removing dead or dangerous trees, but it is advisable to agree this in writing with your local planning authority first.
You also do not require express planning consent in these cases:
- The felling is for forestry operations under a grant scheme approved by the Forestry Commission. However, normal good forestry practice should still be followed.
- You are managing an established woodland under a plan agreed with the Forestry Commission.
Even if an exemption applies, you must still:
- Consider if the felling could affect protected habitats and species. An ecological survey should be conducted if necessary.
- Follow industry good practice guidance during felling works to mitigate environmental impacts.
Additionally, exemptions do not remove obligations under civil law relating to:
- Boundaries and neighbouring properties.
- Rights of way crossing your woodland.
- Existing tenure rights like grazing licenses or shooting rights.
In summary, exemptions provide more flexibility for woodland owners and managers but do not remove all legal obligations. Seek advice if you are unsure how the regulations apply to your specific situation.
FAQs on Woodland Planning Law: Your Top Questions Answered
The main regulations governing woodlands in the UK include the Forestry Act 1967, UK Forestry Standard, Environmental Impact Assessment Regulations, and the Town and Country Planning Act 1990. These cover aspects like felling licences, replanting, environmental protections, and planning permissions.
Yes, you generally need a felling licence from your relevant forestry authority to fell more than 5 cubic metres of trees in a calendar quarter. There are some exceptions, like removing trees posing a safety risk, but it’s best to check if you are unsure.
The UK Forestry Standard sets out rules about replanting to maintain woodland cover. Usually you must replant an area within 5 years if more than 0.2 hectares have been felled. The new trees should match the previous woodland character and be suited to the site.
An EIA evaluates a project’s impact on wildlife, habitats, soil, water sources and more. It is required before getting planning permission for larger afforestation projects exceeding 50 hectares, or deforestation projects exceeding 20 hectares.
Generally yes – constructing roads, fences, buildings or other infrastructure requires planning permission, even in woodlands. There may be exceptions for temporary or minor projects. Check with your local authority to understand the specific planning rules for your woodland site.
Great resources include the Forestry Commission’s guides, the ArbAssociation’s advice notes, and speaking to a legal professional or arboricultural consultant specialising in woodland planning law. They can ensure you understand and comply with all applicable regulations for your situation.
Conclusion
As a landowner, you have a duty to consider woodland planning regulations when managing your property. Though complex, these laws aim to balance public interests with private property rights. Moving forward, continue educating yourself on the permitting processes for tree felling and new plantings. Seek guidance from qualified professionals when applications are required. Consider the long view – what you do on your land today impacts future generations. With care and compromise, harmony between progress and preservation is possible. You now have key insights to make informed decisions upholding sustainability of our woodlands.
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