Policy paper

Forestry Commissioners’ Statement on Consultation Reform

Published 18 September 2023

Applies to England

• Publication for Northern Ireland
• Publication for Scotland
• Publication for Wales

1. Introduction

Earlier this year the Forestry Commission requested that the Secretary of State for the Department for Environment Food and Rural Affairs withdraw the 1984 Ministerial Direction on consultation of forestry proposals and the associated 1996, 1988, and 2021 Ministerial Statements. The Secretary of State agreed to our request to make these changes and withdrew them on 21 July 2023.

These instructions outlined requirements for the Forestry Commission to undertake consultation on applications for woodland creation grants and felling licences during this period.

The Forestry Commission operates in different circumstances than we did in 1984 and we now have other legal obligations to comply with. As such, our consultation procedures under the Direction have become outdated and have been surpassed by the introduction of the UK Forestry Standard, Environmental Impact Assessment regulations for forestry projects, and other legislation which places duties on public bodies for the interests of biodiversity, landscape, cultural heritage, soils, water and people.

Government has set stretching targets to increase tree canopy and woodland cover in England to 16.5% by 2050. This will play an important role in meeting net zero emissions by 2050 and halting nature’s decline by 2030. Government’s commitment to getting the right tree in the right place in support of these ambitions is demonstrated in the England Trees Action Plan 2021-2024 and reinforced by the UK Forestry Standard. However, more needs to be done to help deliver these ambitions and to protect and enhance our environment for future generations.

We understand the important role that consultation can play in making well informed decisions about land use. To that end, the Forestry Commission will continue to undertake consultation with other organisations and the public where appropriate, and in line with current and any relevant future policy and legislation.

This statement sets out how the Forestry Commission, on behalf of the Forestry Commissioners, will undertake consultation when assessing applications for woodland creation, tree felling and management. The statement has been developed with regard to the Regulators’ Code and is consistent with it.

2. Duties as a public body

As a public body, the Forestry Commission has duties it must deliver, or have regard to.

Under section 1 of the Forestry Act 1967, the Forestry Commission is charged with

the general duty of promoting the interests of forestry, the development of afforestation and the production and supply of timber and other forest products, including promoting the establishment and maintenance of adequate reserves of growing trees.

In discharging these functions, the Forestry Commission shall:

so far as may be consistent with the proper discharge of those functions (duties), endeavour to achieve a reasonable balance between:

1. the development of afforestation, the management of forests and the production and supply of timber, and

2. the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest.

As a public body, the Forestry Commission has a number of other statutory duties it must balance alongside these general duties.

3. Our responsibilities

The Forestry Commission is the public body responsible for forestry regulation in England. This means we are the decision-making body for most projects involving woodland creation and the management of trees, woodland, and forestry.

We are also responsible for the technical assessment of publicly funded projects involving trees, woodland, and forestry, for the Forestry Commission’s own grants and to support some other grant giving bodies.

4. Which organisations we consult

We must ensure our decision making takes account of our relevant duties as a public body, and the regulatory requirements and good practice guidelines for delivering sustainable forest management, as described in the UK Forestry Standard and supporting guidance.

To do this, we will consult where there is a statutory requirement to do so, and we may also undertake consultation with relevant organisations when we require further information or advice to determine whether a forestry application should be granted or refused. Relevant organisations will generally be public bodies who have responsibilities for certain parts of the environment but may also include other organisations.

We will undertake consultation in the following circumstances:

• where there is a statutory requirement to consult with any organisation, we will carry this out in accordance with relevant legislation
• where there is a requirement to have regard to the protection of a feature of interest or the purpose or function of another organisation, we may seek information or advice from them if we need it to make a decision on an application
• where we believe that there are other organisations who might hold relevant local information that may inform our assessment of an application. This includes engaging the County Archaeologist on all woodland creation applications

5. When we consult

The Forestry Commission will consider the need for consultation when it has received all the information and advice relating to an application from the proposer, and the application meets the relevant requirements of the UK Forestry Standard and any supporting guidance.

When advice and or information is sought by us, we expect consultees to respond within 28 calendar days of the request being made, after which we will proceed in reaching a decision on an application.

To ensure consultation arrangements are robust yet efficient, we will:

• only undertake consultation once, at the earliest appropriate point from receipt of a complete application, and we will reuse advice and information received in that consultation to inform any further regulatory or grant giving decision stages
• only undertake consultation on an application where further advice or information is required to make a decision on whether to grant or refuse the application, unless there is a statutory requirement to do so
• return the application if it is not complete, if it fails to demonstrate appropriate pre-application stakeholder engagement, and/or if it fails to show that the application meets the relevant requirements and guidelines of the UK Forestry Standard and any supporting guidance

In some instances, an application may be subject to a significant change in composition or design following consultation. The Forestry Commission will determine the significance of such change and whether the revised application requires further consultation during any subsequent regulatory or grant giving decision process.

6. Our decision making – general presumptions

In discharging our duties, the Forestry Commission will:

• continue to operate a general presumption against the felling of trees and woodland for conversion to other land uses, in line with government policies. Where policies exist to enable the permanent removal of trees or woodland, for example, for the restoration of priority non-woodland habitat, this presumption may be set aside in line with relevant policy to enable delivery of that non-woodland outcome
• apply a general presumption in favour of approving woodland creation proposals especially in mapped areas of low sensitivity to woodland creation, where site conditions are suitable for establishment of trees, and when proposals demonstrate compliance with the requirements and good practice guidelines for sustainable forestry (UK Forestry Standard)

7. Dispute resolution

Where an application meets the relevant requirements and guidelines of the UK Forestry Standard, but where there is a credible and substantive objection from a public body whom we have formally sought advice or information from which prevents our agreement on the application, we will instigate a dispute resolution process.

The dispute resolution process will be available for use on afforestation grants (planning and woodland creation), felling licences, and woodland management planning, prior to that application being determined.

As part of this process, we will seek independent expertise and advice from the relevant Forestry and Woodlands Advisory Committee (FWAC). The role of the FWAC will be to review the proposed decision of the Forestry Commission and associated evidence from the applicant and objector, and to provide a reasoned recommendation to the Commissioners, who will make the final decision.

8. Engaging the public via the Consultation Public Register

The Forestry Commission will continue to use the online Consultation Public Register to publicise woodland creation grant applications and plans and most applications for tree felling. This will ensure public awareness of forestry applications and provide an opportunity for the public to submit views on them. The Consultation Public Register period will run for 21 calendar days.

We may exclude some tree felling applications from the Consultation Public Register in the following circumstances:

• to expedite a felling licence application for thinning-only tree felling operations

• to expedite the processing of a felling licence application in the interests of public safety, control of tree health pests or disease, and or to address significant storm damage

We will consider views made on forestry applications received via the Consultation Public Register, where they are evidence-based and relevant to the regulatory requirements and good practice guidelines for delivering sustainable forest management, as described in the UK Forestry Standard, and supporting guidance.

In maintaining the principle of consulting once, at the earliest opportunity, where applications have been listed on the Consultation Public Register and there has been no significant change to the application, they will not be listed on the Consultation Public Register again for any further regulatory or grant giving decision stages that may be required.

9. Publishing decisions on the Decision Public Register

All grant giving and or regulatory decisions made on afforestation or tree felling applications will be published on the Decision Public Register.