Woodland Creation application guidance

Scottish Forestry has specific responsibilities under the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 (the EIA regulations) for: afforestation (woodland creation), deforestation (woodland removal), and forest road and quarry works. Scottish Forestry’s website provides detailed guidance on all aspects of the regulations.

In most situations, small scale tree planting or natural regeneration doesn’t require any regulatory approval but the creation of new woodlands over 20 hectares, or new woodlands of any size in “sensitive areas” (see EIA guidance), is classed as afforestation, and needs to be screened under the EIA regulations. 

“Screening” is Scottish Forestry’s assessment of whether the proposal is likely to have significant effects on the environment.

Because of the iterative process of Due Diligence and the applicant’s identification and treatment of environmental and social sensitivities, most woodland creations proposals are approved at screening. 

Where the proposal is considered to be likely to have significant effect then it most follow the formal Application for EIA Consent process. This includes the production of an EIA Report, which provides information on and assesses the important issues, and formal public consultation before Scottish Forestry makes a final decision.

Decisions taken by public bodies relating to woodland creation, such as EIA screening opinions, can be subject to legal challenge through the judicial review process. The time limit for lodging a petition for judicial review of a decision is normally 3 months after the decision is taken. 

If in any doubt, anyone considering a woodland creation proposal should seek guidance from Scottish Forestry to check if their proposal will require a screening opinion and if so when to apply.

Under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, forestry roads are called “forestry private ways”. The formation of forest roads within a woodland creation proposal is likely to be subject to local Planning Authority control through the ‘Prior Notification of forestry private ways’ process. 

The legislation requires that prior to the formation or alteration of agricultural or forestry private ways, the applicant must notify the relevant planning authority to ascertain if the proposal can be considered as permitted development or if prior approval is required.

This process is known as ‘prior notification’.

Depending on their length, forestry roads or ATV tracks may also be subject to screening under forestry EIA regulations.

A key part of developing a woodland creation proposal is engagement by the applicant with all relevant stakeholders, particularly local people and communities. This should start at an early stage in the process.

Following the key principles of the Scottish Government’s Land Rights and Responsibilities Statement, Scottish Forestry has developed “Stakeholder and Community Engagement and Feedback Guidance” which should be read alongside this guidance to support your proposal.

You should consider a best practice example of what we would be looking for:

Best practice link here 

The comments and information gathered by the applicant should inform the development of the proposal and applicants should explain how they have considered issues or opportunities raised by stakeholders.

A summary of the stakeholder engagement that has taken place should be included as part of the package of information submitted with the proposal for Scottish Forestry to review.

Grant funded woodland creation proposals are subject to a four week formal consultation process known as the “Public Register.” 

This consultation is important to ensure that all stakeholders can comment on the final woodland creation proposal. When the applicant has concluded their due diligence and demonstrated that it meets the UK Forestry Standard, Scottish Forestry publishes the proposalon the online Public Register for consultation.

At the end of the consultation period, Scottish Forestry considers all the responses and completes their regulatory assessment. The consultation process allows all stakeholders to comment on the application directly to Scottish Forestry., including:

• local people and communities
• public bodies such as local authorities
• NatureScot
• Scottish Environmental Protection Agency
• Historic Environment Scotland

Grant funding supports the creation of new woodland that will bring economic, environmental and social benefits by helping with the costs associated with woodland creation.

Proposals seeking grant funding must meet the grant scheme requirements.This includes ensuring that the proposal is implemented in accordance with UKFS. Where significant breaches of UKFS occur, forest managers must take appropriate corrective action or any grant funding may be withheld or reclaimed.