Operations Note 24: Management of sites felled as a result of Phytophthora ramorum
Updated 1 January 2024
Applies to England
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Purpose, scope and application
This guidance is provided for owners and foresters managing and restocking sites felled due to Phytophthora ramorum. Such felling will usually be under the authority of a Statutory Plant Health Notice (SPHN) [footnote 1].
The purpose of the guidance is to:
- help prevent spread of, or re-infection from, the disease
- give advice on the restocking of the woodland
- state the legal position if considering change of land use after tree felling see Annex 1
- help conserve the environmental value and heritage interest of woodland sites
This supplementary guidance sits within the overall framework of the UK Forestry Standard (UKFS). Sites in England that are ancient or native woodland should also be managed in accordance with the Ancient and Native Woodland Practice Guide (ANWPG).
This operations note is designed to complement the ANWPG and is focused on those operations where deviations may be appropriate. Operations Note 24a gives specific guidance on appropriate replacement species for larch plantations on ancient woodland sites.
Payments for restocking after tree health issues are available under the Countryside Stewardship grant scheme. Where owners have taken these up, they will be obliged to comply with this Operations Note and, where relevant, with Operations Note 24a and the ANWPG.
As well as sites subject to SPHNs, this operations note applies to standalone felling licences and felling licences approved as part of the approval of a woodland management plan.
Legal obligations, permissions and information
Statutory Plant Health Notices (SPHNs)
Irrespective of this operations note, the conditions set in the SPHN must be fulfilled, unless modifications have been agreed in writing.
Obtaining other permission
Owners and land managers must be aware that whilst there is a legal obligation to comply with a SPHN, this does not override other statutory protections. Land managers must still fulfil other legal obligations, and seek the usual permissions from the relevant authority, and/or comply with any previously permitted works schemes. Some of the legal protection measures that might commonly be relevant are listed in Box 1.
Reconciling conflicting needs
If there appears to be a conflict of legal duties, and both sets of obligations cannot be met, land managers will need to contact the relevant authority(s). The Forestry Commission will assist in trying to negotiate an appropriate reconciliation where it is possible and appropriate to do so.
Information signs
Where there is public access to a site, a simple information notice is recommended, explaining the reason for the felling and the authority (that is the Forestry Commission) who served the notice to fell. This will help prevent alarm and reduce any local concerns.
Felling
Coupe size and shape
Felling all infected larch (or other sporulating species) may mean felled coupes are larger than what is considered desirable in normal woodland management. There may be situations where avoiding a ‘moth-eaten’ appearance may mean bringing forward the felling of adjoining areas of other crops to create a well-designed coupe. Such additional felling may also be desirable to ensure a wind firm edge is achieved. Additional felling not covered by the notice must be discussed with the Forestry Commission and is likely to require a felling licence. In some circumstances not having to go on the Public Register for consultation can speed up such a felling licence being issued.
For more information, see Operations Note 45 user guide, section 7, ‘Consultation Public Register exempt applications’.
Access
The need to access infected larch (or other sporulating tree species) may require additional felling of non-sporulating species, such as the creation of a ride through non-infected trees to reach the infected coupe of larch. Additional felling that is not covered by the notice must be discussed with the Forestry Commission, and is likely to require a felling licence. In some circumstances not having to go on the Public Register for consultation can speed up such a felling licence being issued.
For more information, see Operations Note 45 user guide, section 7, ‘Consultation Public Register exempt applications’.
Other felling plans
Other planned felling in the woodland may need to be deferred to reduce the rate of change in the woodland and to ensure a diverse age structure is maintained into the future. This will avoid excessive open areas and a subsequent peak of one age class.
Retentions
If possible, unaffected and resistant trees within the stand should be kept, particularly where these are native species. However, stems that are overly drawn up and would not remain standing when the rest of the coupe is felled should be cut. This includes spindly and weak stems, with crowns small for their height because of overly dense stocking, too much shade, or too much competition. As above, this may require a felling licence if the trees are felled in sufficient volumes.
Nesting season
All reasonable steps should be taken to avoid disturbance of nesting birds (see ANWPG page 22, paragraph 16). As set out in Box 1, many bird species and their nests / habitats are protected by legislation and you may require additional consents.
Ring barking
Where it is not possible to avoid disturbing nesting birds, ring barking the trees is recommended to avoid felling during the nesting season. Felling and extraction can then follow later in the summer, so long as it is still within the compliance date of the notice. This may be particularly useful for sites containing birds or animals protected under the Wildlife and Countryside Act 1981 or the Conservations of Habitats and Species Regulations (see Box 1).
Understorey
If felling during the nesting season is unavoidable, cutting the understorey prior to felling will significantly reduce the risk of disturbing nesting birds.
Extraction
Avoid extracting timber during wet conditions. This is partly because spores can be spread in mud and partly because machines can compact soil and cause waterlogging. Take particular care on ancient woodland soils.
Treatment of brash
Scarification
This is not generally recommended on ancient woodland sites. If needed, it should be as light as possible and not done during the bird nesting season.
Brash
Treat the brash as per the practice guide (see ANWPG page 24, paragraph 28), cut up and spread across the site or concentrated in areas with least flora. Cutting the brash through so that it lies closer to the ground will help it break down during any fallow period. Whole tree harvesting is the ideal (whether as brash or chips), but chipping and distributing the chip material across the site is not recommended as it usually smothers the ground flora.
Burning
This is not always required for plant health purposes and represents a loss of an important deadwood habitat. However, it may be the only practicable method of establishing a clear site, which may be essential where subsequent control of susceptible regrowth and regeneration is needed. If burning is done, some brash piles should still be retained as habitat. On ancient woodland sites, avoid burning brash and harvesting residues unless it can be demonstrated that it is a management necessity, and the necessary approvals have been obtained.
Fallow period
Control of sporulating hosts:
The SPHN may specify an additional period (typically 3 years) beyond the compliance date (felling date) when further regrowth of host plants must be controlled to prevent further sporulation. This is called the Date of Expiry. Species that could act as a sporulating host must be cut or killed during this period. This includes larch, rhododendron and possibly other species.
Restocking site
From both silvicultural and ecological points of view, try to keep the site’s fallow period to a minimum and restock the site as soon as possible. To achieve this, actively manage the site during the fallow period to avoid it becoming an impenetrable mix of brash and rank vegetation.
Controlling regrowth
A clearing saw or spot applications of herbicide are the preferred method for controlling regrowth or colonisation by larch and rhododendron. Mechanical swiping should only be used where most of the regrowth has to be removed. Boom or overall applications of herbicide should not be used on ancient or native woodland sites.
Other regrowth
Other species can be allowed to regenerate, even if these are eventually reduced in number or replaced once the site can be restocked. This can help to keep the site manageable (since ‘nature abhors a vacuum’), and will also help protect soils and give better continuity of woodland conditions.
Deer control
Control of deer, or even deer fencing, may still be necessary during the fallow period.
Restocking
Restocking plans
Reconsider any initial plans as the end of any fallow period approaches. Carefully asses the vegetation, regrowth and tree regeneration that has developed. You may need to change the plans for species and site treatment. These will need to be agreed with the Forestry Commission in writing.
Restoration
Restoring planted ancient woodland sites (PAWS) to native species is still the preferred option. Even if restoration is not being considered, the UK Forestry Standard (UKFS) provides clear guidance that ancient woodland remnants are to be protected. This means we cannot accept the restocking of dense shade-casting tree species such as spruce (Picea spp.), hemlock (Tsuga spp.) and fir (Abies spp.) over remnant ancient woodland ground flora and native understorey where there has been a deciduous conifer crop (larch) previously. See Operations Note 24a for further guidance.
Mixtures
Whatever the species used, mixed stands are recommended to reduce future vulnerability and increase future resilience. Similarly, mixtures of species provenances may also help increase resilience. As a useful rule of thumb, avoid having any one species occupying more than two thirds of the canopy.
Restocking with conifers on Plantations on Ancient Woodland (PAW) sites
If you can demonstrate there will be no detrimental impacts to surviving Ancient Semi-Natural Woodland (ASNW) features, a small component (<20% of total area to be planted, excluding open ground) of conifers (noting the following paragraph on species choice) may be included in the restocking mixture. This is at the discretion of the Forestry Commission.
These should be planted as a fail-safe mixture (a predominantly broadleaved stand will be produced in the event of no further management). Planting conifers in small individual groups of 3 to 15 trees scattered throughout a predominantly broadleaved matrix is a fail-safe mixture. Line mixtures (alternate single species rows of conifer and native broadleaves) are not considered a fail-safe mixture and are not acceptable.
Where there are no obvious features of ecological interest, you may select tree species that meet the general principles of UKFS (they are appropriate to site, for example). This could include replacing conifer with conifer on PAWS (where the felling permission is not supported by a grant and there are no obvious surviving ASNW features). However, where publicly-funded incentives are being offered, the expectation will be for a gradual PAWS restoration. See Operations Note 24a for further guidance.
Rapid restocking
Once the restocking process can proceed, a more ‘interventionist’ approach than usual should be adopted. Greater use of planting and less reliance on natural regeneration is recommended to avoid extending the open phase any longer than is necessary.
Open space
It may still be appropriate to keep some parts of the site free from restocking as ‘designed’ open space for landscape reasons, as open non-woodland habitat, or to protect historic features.
Species choice
Latest guidance
Our knowledge and experience of this disease (Phytophthora ramorum) is growing all the time. Always seek the latest advice on restocking species, particularly as this depends on the level of inoculums (residual spores of P. ramorum likely to remain in the soil) on the site and in surrounding areas (see Managing sites felled to control P.ramorum).
Species to remove and control
The SPHN will specify the species which act as sporulating hosts and which must be felled and prevented from re-growing on the site for a period, typically of 3 years.
Rhododendron and Japanese larch are by far the most vulnerable species and should not be planted. However, it is recommended that European and hybrid larch are also not planted.
Species to use with caution
The following common tree species can potentially become infected but if spore levels are low then there is a good chance they won’t be seriously affected. Where such species are used, it is recommended they are in mixture with other more fully resistant species:
- native or near native: beech, ash, sweet chestnut, holm oak and white willow
- non-native: Douglas fir, western hemlock (note that these won’t ordinarily be accepted on PAW sites previously stocked with larch)
Other species
All other common tree and shrub species currently appear to be fairly resistant and can be used, but this situation may change.
Box 1: statutory protection measures that may apply to sites affected by Phytophthora
‘Designated sites’
Permission will be required from Natural England for Sites of Special Scientific Interest (SSSIs) and permission from Historic England required for woods containing Scheduled Monuments.
European protected species
The following woodland species are given strict protection under The Conservation of Habitats and Species Regulations 2017: bats, dormice, great crested newts, otters, sand lizard, and smooth snake. Other species are also protected by the regulations. Follow joint Forestry Commission/Natural England good practice guidance on ‘European Protected Species (EPS)’, or get an EPS licence from Natural England if you cannot follow good practice.
Protected animals
Animals listed in Schedule 5 of the Wildlife and Countryside Act 1981 (W&C Act) must not be disturbed and places they use for ‘shelter’ must not be damaged. This includes most amphibians and reptiles, red squirrels and over 30 species of rarer butterfly and moth. Similar protection exists for badgers and their setts.
Protected birds
Rare birds listed under Schedule 1 of the Wildlife and Countryside Act are given special protection (for example, goshawks, red kite, hobby, crossbills, crested tits, and black redstart). They must not be disturbed once they have started nesting. If there is a risk of disturbance, seek advice from Natural England.
Planning notification or permission
If any ‘construction, excavation or building’ is involved (for example, building tracks, roads, loading areas and culverts) notify the local planning authority in relation to permitted development rights. In some cases planning permission may be needed.
Environmental Impact Assessment
You may need consent if considering a change of land use following felling, see Annex 1.
Sources of further advice
- Contact your local Forestry Commission office
- Apply for a felling licence
- Phytophthora ramorum manual – Introduction page
- UK Forestry Standard (UKFS)
- The Forestry Commission GOV.UK website
Annex 1
SPHNs do not place a legal obligation to replant trees. However, this does not mean that there is an automatic right to change land use.
Environmental Impact Assessment (EIA) Regulations
There are two particularly relevant sets of EIA regulations in the context of SPHNs, the forestry EIA regulations [footnote 2] and the agriculture EIA regulations [footnote 3].
Deforestation projects may require the Forestry Commission’s consent under the forestry EIA regulations.
Agricultural projects aimed at increasing the yield of land may require Natural England’s consent under the agriculture EIA regulations.
If, when complying with the SPHN, you plan to convert the land to a use other than woodland (for example open habitat or agricultural use), check with the above bodies whether you will require EIA consent.
Planning Permission
Conversion of the land subject to an SPHN (for instance, a woodland) to a type other than open habitat or agriculture, may require planning permission from the local planning authority. Alternatively, you may need to notify them if you plan to exercise your permitted development rights. Consult your local planning authority if you are in any doubt.