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What is a forestry Environmental Impact Assessment?

A forestry Environmental Impact Assessment is how you, as a project proposer, can check whether your forestry project is likely to have a significant effect on the environment.

Those projects that are likely to have a significant effect on the environment will require Consent from the Forestry Commission before they can go ahead.

Forestry Environmental Impact Assessments are split into two stages:

• stage 1: apply to the Forestry Commission for its view on whether your project is likely to have a significant effect on the environment

• stage 2: apply to the Forestry Commission for Consent

Submitting a stage 1 EIA and receiving a Forestry Commission decision can provide you with assurance that your project will not have a significant effect on the environment. If this is the case then you do not require Consent from the Forestry Commission before proceeding with your project and you can be certain that you will not face enforcement action for doing so.

Alternatively, if the Forestry Commission decides at stage 1 that your project will have a significant effect on the environment, then you must apply for stage 2 Consent prior to carrying out your project, or you may face enforcement action.

A stage 2 EIA is the application for Consent, for those projects identified as being likely to have a significant effect on the environment at stage 1.

Applications at stage 1 or 2 can be made by agents, landowners, or any other project proposer at any time. However, to enact your project after an EIA decision or assessment, you must have the permission of the relevant land owner.

The forestry EIA process is governed by the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999.

What projects need a forestry EIA?

There are four types of forestry project where you may apply for a forestry EIA.

Afforestation

Afforestation means conversion of a non-woodland land use, for example agriculture, into woodland or forest (these terms are used interchangeably) by means of planting, or facilitating natural regeneration (self-sowing) of trees to form woodland cover. This can include proposals for short rotation coppice (SRC) and short rotation forestry (SRF), including energy crops and Christmas tree plantations.

Deforestation

Deforestation means removal of woodland cover for conversion to another land use. This can include proposals for the removal of short rotation coppice (SRC) and short rotation forestry (SRF), including the removal of energy crops and Christmas tree plantations.

Forest roads

Forest road projects include the formation, alteration or maintenance of private ways on land used (or to be used) for forestry purposes, including roads within a forest or leading to one.

Forestry quarries

Forest quarry projects include quarrying to obtain materials required for forest roadworks on land that is used or will be used for forestry purposes.

Application forms and guidance

Each form comes with supporting guidance which provides question by question guidance on how to complete each of the forms. This guidance can be found on the application form page.

Each project requires a separate EIA application. For instance, if compensatory planting is required (in a different location) for your deforestation project, the planting will need its own EIA afforestation application form. If you are planning a forest road within an afforestation project, the road will need its own EIA forest road or quarry application form.

Do I need to apply?

Listed below are examples of projects that might be exempt from the EIA process. If your forestry project does not meet these exemptions, and meets the size thresholds, it is likely to need an EIA.

Grant applications

If you are applying for a woodland creation grant that is administered in whole or in part by the Forestry Commission you are advised not to submit a stage 1 EIA application. In most instances, the information provided in your grant application will meet the information requirements of the EIA application form.

If you have an approved Stage 2 Woodland Creation Planning Grant (WCPG), you can submit this plan alongside any future EIA application for afforestation that you make. This will save you time by removing the need to complete all sections of the stage 1 EIA application.

The WCPG is for planning only and does not provide approval to plant. Proposals with an approved WCPG Stage 2 plans are still subject to the forestry EIA regulations (i.e. you may still need to submit an EIA application).If you are in doubt, contact the Forestry Commission before applying.

Development-related proposals

If your proposal is development-related (i.e. requiring planning permission) then it will normally be screened by the local planning authority under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, providing that the planning application or approval has explicitly identified the location for the forestry proposal. In this case, you wont need to apply for a forestry EIA.

In rare instances where a forestry proposal is part of a development related proposal (i.e. requiring planning permission) but the precise location of the forestry proposal has not been identified, then you may apply to the Forestry Commission for a forestry EIA decision. For example, when X hectares of afforestation are required as a condition to a planning permission, but the location of that planting has not been specified within the planning permission, you may apply for a forestry EIA.

Permitted development

Permitted development in the context of forestry is covered by the forestry EIA regulations. If your proposal contains permitted development in relation to forestry, submit an EIA stage 1 application form. You will also need to provide confirmation from the local planning authority that they have accepted that the work qualifies as permitted development.

Afforestation proposals under 0.5 ha

Planting or natural regeneration of less than 0.5 hectares will not be considered afforesta

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