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 Is
your local wood under threat?
How you can take action to protect it
Introduction
This document gives
practical guidance to help you act to protect woods and trees near you. It takes
you through a series of questions to consider, gives information about existing
forms of protection, and suggests action you can take.
The Woodland Trust – how we can help
As the UK’s foremost woodland conservation organisation, the Woodland Trust is
committed to the conservation, enhancement and expansion of woodland, especially
native woodland. We lobby to seek better protection for woods and trees and
concentrate our efforts on securing better legislation and planning policies to
protect and enhance woods, especially ancient woods and ancient trees.
The Trust receives many requests from people seeking help to prevent damage or
destruction of their local wood, or a tree they consider important. Owing to
limited resources we must prioritise the cases in which we choose to become
involved. We fight those we consider to have national significance or which
demonstrate a particular failure of protection very clearly. Our priority is to
act where possible to secure the protection of ancient woods and ancient trees.
In other cases, we can provide you with help in the form of this leaflet, which
relates to protection of woodland in England, Scotland and Wales.
When is your wood or tree under
threat?
Information
The commonest cause
for public concern is the threat of tree felling or permanent woodland
clearance, often for development such as housing, road-building, golf courses or
quarrying.
But activities which damage the fragile woodland ecosystem can also threaten the
long term survival or conservation value of a wood. Over-grazing or
inappropriate uses such as off-road activity by four-wheel drive vehicles can
destroy the ground flora, shrub layer, and young saplings or damage soils.
Activities on adjacent or nearby land may cause pollution or alter drainage.
Individual big, old trees are affected by activities which may be some distance
from the tree, but which damage the root system, through compaction or cutting
through roots.
But you also need to bear in mind that sometimes felling is carried out for
beneficial reasons, such as:
-
Coppicing: an
old management technique in which trees are cut to ground level, allowing them
to re-grow from the base. This opens up woodland areas temporarily, allowing
flowers and other wildlife to flourish
-
Thinning:
removing a proportion of trees in a wood leaving those remaining more room to
grow properly
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Removal of
non-native trees which have been planted in an ancient wood to enable native
trees to be planted or to grow naturally
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Felling of trees
planted inappropriately on other valuable habitats such as upland peat and bog
areas
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Felling for
safety reasons near roads.
If you feel that
felling or some other activity is threatening the survival of the tree or wood,
there are a number of avenues for you to pursue. Since felling and development
usually require permission of one kind or another, or the wood/tree may be
protected, the first step is to check that the activity is taking place legally.
Taking action
Checking through the
following should help:
IS THE TREE OR WOOD ANCIENT?
Information
Ancient woods are
areas continuously wooded for at least 400 years (250 years in Scotland, where
later maps were used to identify them). They are irreplaceable, our richest
habitats for wildlife and reservoirs of historical information. Where possible,
the Trust will act to secure the protection of an ancient wood under threat.
Ancient woods over 2 hectares in size are mostly recorded on ancient woodland
inventories held by English Nature (EN), the Countryside Council for Wales (CCW),
and Scottish Natural Heritage (SNH). Occasionally, woods not on the inventories
are identified by survey or documentary research as ancient, either because they
were too small or were missed when the inventories were drawn up.
Ancient trees are individual trees which, because of their great age, size or
condition are of exceptional value culturally, in the landscape or for highly
specialist wildlife. The Woodland Trust is working with the Ancient Tree Forum
to ensure no further unavoidable loss of these trees, and that more trees grow
on to a great age in future.
What you can do
If you suspect your
wood is ancient, check on the inventory and make it clear in any activity you
pursue that the wood is ancient. If it is not on the inventory, you may still be
able to show it is ancient through some historical research and/or basic survey,
and you can then have it added. EN have produced a useful free booklet
Guidelines for Identifying Ancient Woodland which will help you decide if
your local wood is ancient or not (available from EN’s central office).
This identification in itself does not provide the wood with any extra
protection but helps to add weight to your case as many local authorities have
policies which refer particularly to ancient woods.
If you are concerned about an individual tree you think is ancient you could
contact the Ancient Tree Forum for advice -
click here for their website.
IS THE WOOD COVERED BY A FELLING
LICENCE?
Information
The Forestry
Commission (FC) is responsible for the general control of felling. A felling
licence is required for the felling of growing trees with a number of
exceptions, including:
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trees with
diameter less than 8cm (10cm for thinnings, 15cm for coppice)
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cases where the
quantity of timber felled is under 5 cubic metres, of which no more than
2 cubic metres are sold in any quarter
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felling to
prevent danger
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where felling is
required as part of an approved planning application (see below).
In addition, no
felling licence is needed if the site is covered by an approved Woodland Grant
Scheme (WGS), an agreed plan of operations drawn up between the landowner and
the Forestry Commission. Woods managed by the Commission itself are usually
covered by what is known as a Forest Design Plan.
The FC has a policy against clearance of broadleaved woodland for conversion to
other land use, and towards conservation of the character of ancient
semi-natural woodlands.
The fine for illegal felling is up to £2,500 per offence (which could mean
£2,500 per tree). However, felling licences aren’t required for lopping and
topping, or destruction of undergrowth.
What you can do
You can comment on
applications by landowners for a WGS, felling licence or Forest Design Plan: the
FC holds a public register of proposals which can be found at local FC offices
or on the FC’s web site. You can ring up the FC and ask them if a felling
licence has been granted at a particular site, and if so what conditions have
been imposed.
If the site is not covered by a felling licence or WGS you can report illegal
felling to the FC.
IS THE WOOD OR TREE COVERED BY A
TREE PRESERVATION ORDER OR IN A CONSERVATION AREA?
Information
Tree Preservation
Orders (TPOs) are made by local planning authorities (LPAs) to protect trees for
amenity, public enjoyment and their environmental benefit. They can apply to
individual trees, groups or areas of trees, or whole woods.
A TPO prohibits the cutting down, topping, lopping, uprooting, wilful damage or
destruction of trees without first obtaining permission from the LPA, unless the
tree is dead, dying or dangerous, or in the way of development which has
planning permission.
Breach of a TPO is an offence carrying a fine of up to £20,000, or an unlimited
fine in very serious cases which are committed to Crown Court. LPAs can also
seek injunctions to stop work if there is a threat of contravention of a TPO.
Trees in Conservation Areas are a special case and if over 7.5cms in diameter
cannot be felled, lopped or uprooted without giving notice to the LPA, after
which the LPA may put a TPO on the tree to protect it.
Further information on TPOs is found in the leaflet Protected Trees: a guide
to tree preservation procedures produced by the Department of the
Environment, Transport and the Regions.
What you can do
You can find out if a
tree is covered by a TPO from the LPA. You can also check on a register of
applications and decisions whether permission has been granted to carry out
work. Many local authorities have a tree officer or forestry officer responsible
for overseeing TPOs, who may be willing to help.
If no TPO is in place and you are concerned that a tree or wood is under threat,
you could ring or write to the LPA asking that it consider putting a TPO in
place. An emergency TPO comes into effect immediately, lasting for six months
while arrangements are made for a permanent order. This means you could request
a TPO to protect a tree even if felling has begun.
Ancient trees are often thought to be dying or dangerous if they have dead limbs
or decaying trunks. There are skilled arboriculturalists with specialist
experience dealing with ancient trees. Ensure that people advising on treatments
to ancient trees have the appropriate experience. Often, ancient trees can be
made safe without needing to remove the whole tree – a dead standing "monolith"
can also be very valuable for wildlife.
IS THE TREE OR WOOD COVERED BY A
DESIGNATION?
Information
Woods considered to
be of high conservation value may have one or more designations that afford them
varying levels of protection.
Sites of Special Scientific Interest (SSSIs) are notified by EN, SNH or CCW,
setting out the reasons for the importance of the site and a list of operations
likely to damage the special interest of the site. These can’t be carried out
without written consent from the relevant body, unless it is an emergency
operation, or authorised by a planning permission on the site. However, the
relevant body will have been consulted on any planning application likely to
have an effect on a SSSI and can object.
The SSSI designation covers only a small proportion of woodland: less than 15%
of ancient woods in the UK are SSSIs.
National Nature Reserves (NNRs) are established and protected by means of nature
reserve agreements with EN/CCW/SNH, and are generally designated SSSIs as well.
The highest level of protection is given to European sites (Special Protection
Areas or SPAs and Special Areas of Conservation or SACs). Any project likely to
have a significant effect is subject to extreme scrutiny and is likely to be
called in by the Secretary of State in England, the Scottish Executive or
National Assembly for Wales.
Woodland which forms part of a wider designated area such as a National Park,
Area of Outstanding Natural Beauty or Natural Heritage Area does not have any
extra legal protection. However, woodland in these areas may be more valued, and
proposals likely to affect valuable woodland will be subject to extra scrutiny
eg by the National Park Authority, (which in some cases may be the planning
authority).
Local designations such as Site of Nature Conservation Importance (SNCI) or
Wildlife Site (County Wildlife Site, CWS in England and Wales, or Listed
Wildlife Site, LWS in Scotland) or similar give no legal protection but local
planning policy generally inclines towards protection of these sites as far as
possible.
What you can do
If you think a
designated site is being damaged you should contact the body responsible for
monitoring – usually EN, SNH, or CCW.
Some individual species are protected by law, and damage to a wood or tree which
forms their habitat may contravene this. Examples include bats, badgers, and
stag beetle. If you think a protected species is affected you should contact EN,
SNH or CCW.
IS PLANNING PERMISSION REQUIRED
Information
As stated above,
planning permission overrides TPOs, the need for a felling licence, and even the
protection afforded by designations, once it has been granted. Clearly, the
planning system is powerful and it is essential to understand how it works. Most
cases of woods under threat which the Woodland Trust deals with relate to
applications for development affecting ancient woods.
LPAs must produce development plans, setting out the broad framework for
development in their area for the next five years or so. These have different
names according to the type of authority – eg structure plan, unitary
development plan, local plan. Quarrying, opencast mining and landfill are
separately dealt with by various authorities under minerals and waste disposal
plans.
Such forward plans will set out general policies in relation to nature
conservation, landscape and amenity, and may include specific policy statements
relating to protection of woodland. You can comment during the consultation
phase of these plans to ensure the best possible protection of woodland.
They also give a more detailed geographical picture, highlighting areas
earmarked for development, for instance. Commenting or objecting at this early
stage to proposals which may threaten woodland several years hence can be very
valuable, saving you from fighting specific planning applications later.
Specific planning applications are publicised locally and are available from the
LPA. Proposed development may be on the site of the wood, or adjacent and likely
to have a severe negative impact. This is often the first you hear of a
potential threat to your local wood.
Anyone can comment on an application within the allocated timescale, usually 28
days. Minerals applications are more complex. Many ancient woods are threatened
by mineral permissions that were granted many years ago when policies were
different, but which are still valid.
What you can do
If you are objecting to a planning application:
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Check the
development plan to see if the application is in line with it or not – if not,
you should quote the relevant policies in your objection. You should also check
for TPOs or designations which protect or demonstrate the value of the wood or
tree. If the wood is ancient, check whether the Forestry Commission is being
consulted – the Government has recommended it should be in England and Wales.
Submit a formal objection to the plans, quoting the number of the application
and making sure your letter covers planning issues.
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Find out from
the LPA who are the local councillors for the area in question or where you
live. Explain the threat and ask if they will take up the issue. Putting forward
the views of local residents is part of the role of a councillor.
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Find out which
councillors are on the planning committee and approach them with a reasoned case
for protection of the trees or woodland. They will listen to your views but will
not be allowed to express an opinion in advance of the meeting to consider the
application.
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If the
application is of major local significance it may be worth approaching your MP
(and MSP in Scotland, AM in Wales), especially if the application ultimately
goes to an appeal.
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Find people who
share your concerns and form a campaigning group or ask as many people as
possible to write individual letters of objection to the plans. Individual
letters from local people are usually more effective than petitions.
-
Contact pressure
groups and conservation bodies such as the Council for the Protection of Rural
England, the Campaign for the Protection of Rural Wales, the Association for the
Protection of Rural Scotland, the Wildlife Trusts, Friends of the Earth, WWF and
so on. If their telephone numbers are not in the phone book, they should be
available from the local library or Citizens’ Advice Bureau. They may be able to
assist with your campaign if they have a local group.
-
Contact the
local press: newspapers and local radio stations. They may be willing to give
some publicity to your case, especially if you are planning any kind of protest
which they can feature.
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Contact your
town/parish council, community council to see if they will oppose the planning
application. Be ready to explain the threat to them clearly and factually as you
would to a local councillor or to the press.
PERMITTED DEVELOPMENT
Information
There are some types
of development for which a planning application is not required, as they are not
deemed of sufficient importance and are granted a general planning permission in
The Town and Country Planning (General Permitted Development) Order 1995.
The list of permitted development rights is long and complex. Some which may
cause concern in woodland are temporary uses of land including motor
competitions, war games, clay pigeon shooting, and erection of temporary
buildings and some telecommunications equipment.
Some activities are subject to reinstatement of land or to prior notification of
the LPA. Sites covered by designations such as SSSI, SPA or SAC are treated
differently in many cases and the same development may not be permitted on such
sites.
What you can do
If you can gain
access legally, monitor the site to see if there are breaches of the permitted
uses and report your findings to the LPA.
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CHECK LIST
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Is the tree or wood
ancient?
Highlight this in any representations you make - it will add weight to your
case.
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Is the wood covered by
a felling licence?
Report illegal felling to the Forestry Commission?
Comment on applications for Woodland Grant Schemes, felling licences and Forest
Design Plans if they include felling trees you are concerned about.?
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Is the wood or tree
covered by a Tree Preservation Order or in a Conservation Area?
Inform the local planning authority if damage is occurring
Ask the local planning authority to put a TPO in place if there isn't one
already.
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Is the tree or wood
covered by a designation?
Contact the body responsible for monitoring a designated site.
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Is planning permission
required?
Submit formal objections to plans
Lobby councillors and others to take up the case
Take pre-emptive action by commenting on development plans
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