Ancient woodlands

Screen

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Go back to Ancient woodlands summary

These are the questions we answer during the Screen stage.

Answering them wil help us learn more about the Ancient woodlands consideration, determine if a data standard is required and whether we know enough to move on to the next stage.

  • What is the 'Ancient woodlands' consideration?

    Areas that have been wooded continuously since at least 1600 AD.

  • Is there legislation that defines 'Ancient woodlands'?

    Yes

    • What is the legislation that defines 'Ancient woodlands'?

      Levelling Up and Regeneration Act 2023, Section 136 - “the Secretary of State must vary the Town and Country Planning (Consultation) (England) Direction 2021 (“the 2021 Direction”) so that it applies in relation to applications for planning permission for development affecting ancient woodland.”

      This Town and Country Planning (Consultation) (England) Direction 2021 was updated in January 2024, and states that “where a local planning authority does not propose to refuse an application for planning permission to which this Direction applies, the authority shall consult the Secretary of State.”

      There is also guidance: Ancient woodland, ancient trees and veteran trees: advice for making planning decisions

    • What is the specific part of the legislation that describes how a 'Ancient woodlands' gets designated?

      There is no legislation covering how ancient woodland gets designated.

      A practice guide has been produced by the Forestry Commission on “managing ancient and native woodland in England” which covers assessment and monitoring in chapter one.

    • What is the specific part of the legislation that requires the publication of 'Ancient woodlands'?

      There is no legislation that requires the publication of ancient woodland data, but the NPPF states that:

      “Development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists.”

      The guidance on ancient woodland also states that:

      “Ancient woodland, ancient trees and veteran trees are irreplaceable. Therefore, you should not consider proposed compensation measures as part of your assessment of the merits of the development proposal.”

      This points at the importance of ancient woodland as part of the planning process and having this data published.

  • Who, in law, is responsible for the planning consideration or makes decisions about 'Ancient woodlands'?

    Forestry Commission (GOV.UK, not legislative)

  • Which organisations do we think should publish the data?

    • Forestry Commission
    • Natural England
    • Woodland Trust

  • Is the Ancient woodlands a trigger?

    Yes

    • What needs to be done because Ancient woodlands has acted as the trigger?

      As per the guidance, “development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists.”

  • Is the Ancient woodlands something to consult during plan making?

    Yes

    • Provide information about when Ancient woodlands is used during plan making

      Further research is required to confirm whether ancient woodland data would be consulted in the assessment of whether a wholly exceptional reason is present.

  • Is there any Ancient woodlands data already available?

    Yes

  • Do we think the data should come from a single source?

    Yes - Natural England produce this data

  • Will a data standard be required?

    No