GovWire

Halting and then reversing declines in biodiversity is one of the governments objectives. Converting some types of woodland to open habitat can be good for several important species.

The policy for the sustainable management of forests and woodlands in the UK is a presumption against the conversion of forest land to other land uses (deforestation) unless theres a compelling reason in the public interest for doing so. Applications to convert woodland to open habitat must comply with government policy on when to convert woods and forests to open habitat in England.

When you need consent

A felling licence is usually required to fell growing trees.

If you plan to permanently remove woodland where there may be a significant environmental impact, you may require an environmental statement and our consent under Environmental Impact Assessment (EIA) regulations.

Creating open habitat with no EIA requirement

You will need to:

• apply for felling licence
• submit a partially completed EIA deforestation application form

If you are applying for a felling licence for deforestation, but your project is low risk and does not need an EIA application (see threshold tables), you should show that your project aligns with government open habitats policy by completing sections 9 to 11 only of the EIA deforestation application form. You must submit this with your felling licence application.

How to apply for an EIA determination

Youll need to send a felling licence application and/or the EIA deforestation application form.

If youre proposing work on or near to a protected site, such as a Site of Special Scientific Interest (SSSI), youll need to include an endorsement for the proposals from the local Natural England reserves manager or advisor indicating how the removal of woodland will significantly improve the condition of the protected site. Find out how we can support you if you operate in woodland designated as an SSSI.

If youre outside of a protected site, youll need to demonstrate that the open habitat creation will have a significant beneficial effect in linking or enlarging an open habitat complex, and youll need to consider where you will provide compensatory tree planting in another location.

Well assess your proposals and decide if they meet government policy on when to convert woods and forests to open habitat, and if delivering them would result in a significant environmental impact.

If the projects impact can be managed proportionally and the environmental impact kept to a minimum, consent should not be required.

Environmental statement

If the project will have significant effects, you must produce an environmental statement, assessing the specific issues that your project has greatest impact on. These will be determined by a scoping meeting with knowledgeable stakeholders.

Writing an environmental statement can be expensive, so trying to plan your projects methods for delivery, scale and timing is important, as is engaging with local stakeholders to tell them what you want to do. We will review your statement, and if it adequately addresses the issues originally raised, youll be asked to publish it for stakeholder and public comment. This may result in further advice and the need for further project modification. Theres no time limit to how long this will take.

Once the final environmental statement is agreed, we will either grant consent with conditions, or refuse consent.

How to appeal

You can appeal against a decision by the Forestry Commission.

How to appeal if Natural England refuses you consent to carry out an activity on an SSSI.