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Woodland Creation application guidance

This revised guidance, first published in July 2026, outlines principles and process you should follow when considering woodland creation.

Last updated: 05 June 2026

Topic: Planting trees / woodland creation , Woodland expansion

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Tree planting and the law

Unlike built developments, in most situations small scale tree planting or natural regeneration of trees in Scotland is allowed under the law and does not require any legal consent or approval.

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The creation of large new woodlands over 20 hectares in size or new woodlands of any size in sensitive areas, is classed as afforestation, and needs to be considered under Environmental Impact Assessment regulations.

This guidance is designed to help landowners and communities develop woodland creation proposals in line with the law and good forestry practice.

Decisions taken by public bodies relating to woodland creation, such as EIA screening opinions, can be subject to legal challenge through a Judicial review process.

Applicants should be aware that the time limit for lodging a petition for judicial review of a decision is normally up to 3 months after the decision is taken.

Environmental Impact Assessment Regulations and Forestry

We have specific responsibilities under the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 for:

  • afforestation (woodland creation)
  • deforestation
  • forest road works
  • forestry quarry works

Where such projects could result in a significant impact on the environment then EIA consent and an EIA report will be required. 

We will undertake an EIA screening opinion prior to a grant application. To enable us to do so, woodland creation proposals should include full details of afforestation, deforestation, forest roads and forestry quarries.

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

Apply for an EIA screening opinion


Prior Notification of forestry roads

Under planning legislation 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.

This is administered by local Planning Authorities under the Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2014 (SSI 2014 No. 300).

The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2014 (legislation.gov.uk)

This Order requires that prior to the formation or alteration of agricultural or forestry private ways, the developer or landowner 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’. You can read our Briefing Note 3 for specific guidance on this process.

Briefing note 3 - prior notification of forestry tracks/private ways

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