Protection of Ancient Woodland and Trees

Alex Cunningham Excerpts

Thursday 10th December 2015 Westminster Hall

[Alex Cunningham (Stockton North) (Lab)]

It is a pleasure to be in Westminster Hall for a third time this week, and to serve under your chairmanship, Mr Walker. I apologise for leaving the room; my cough got the better of me.

I am pleased to see the Minister of State, Department for Environment, Food and Rural Affairs, the hon. Member for Camborne and Redruth (George Eustice) yet again; I had expected to welcome the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Penrith and The Border (Rory Stewart) back to his place after a challenging few days in his home county of Cumbria, devastated by recent floods. I visited on Monday to see what the Cumbrian people were facing. Although we will continue to challenge the Government on their response to and funding for flooding, we will also work with them in the best interests of the affected communities.

The issues that have been raised today are of considerable importance to our natural environment and the biodiversity it supports. That is not to mention the public interest in these issues, with more than 60,000 people responding to the Woodland Trust’s Enough is Enough campaign to urge the Prime Minister to shore up protection for ancient woodland.

Before I offer my thoughts, I, too, would like to congratulate the hon. Members for Taunton Deane (Rebecca Pow) and for Falkirk (John Mc Nally) on securing the debate and on giving us the opportunity to discuss these matters fully. I am also grateful to the hon. Member for Berwickshire, Roxburgh and Selkirk (Calum Kerr) for his summary of the debate and for reminding me yet again of my Scottish heritage. He remarked that this has been a consensual debate, and that is not going to change in the next 10 minutes.

Several Members eloquently told us of their favourite, treasured woodlands and of the need to save them. I think I will be looking at the Hansard record of our debate and planning my walking itinerary for the next two or three years, having been provided with such excellent suggestions. However, the hon. Member for Falkirk reminded me of the ancient woodlands and glens not so far from where I spent my childhood, so perhaps that will be well up the list of the places on my tour.

[Mrs Gillan]

The hon. Gentleman would be very welcome to visit some of our woods in the Chilterns, but he needs to hurry. If the construction of HS2 starts as planned in 2017, they will not be there much longer.

[Alex Cunningham]

Given that I return to the homeland regularly, I will perhaps need to take up the right hon. Lady’s invitation a bit earlier than I might have planned.

The hon. Member for Taunton Deane tempted me into a false sense of relaxation. That was not because her speech was 28 minutes long, but because she took us on that walk through the wood to Enid Blyton’s faraway tree. Then, of course, she brought me back to reality very quickly. Given that the Under-Secretary of State for Environment, Food and Rural Affairs confirmed to the Environment, Food and Rural Affairs Committee just weeks ago that

“ancient woodland, as a category, is not a protected category”,

today’s debate could not be more timely. This is the second debate in two days in which we will reach consensus—perhaps because we are working off some of the same briefing notes.

That ancient woodland is not a statutory designation in law sets it apart from many other precious habitats, and means that it is liable to suffer from a lack of protection. The hon. Member for Falkirk quoted paragraph 118 of the national planning policy framework, and it is worth quoting it again, because it actually allows for the loss or destruction, in England, of ancient woodland and aged or veteran trees in cases where

“the need for, and benefits of, the development in that location clearly outweigh the loss”—

a sad business.

It is important to be clear from the outset that if we lose the ancient woodlands we have left, they are gone forever, as others have said. Our varied climate and geology have gifted us a diversity of ancient woodland forms, whose composition is a product of environmental conditions and historical management that will simply not occur again. Our ancient woodlands cannot, therefore, by definition, be recreated.

As we have heard, the Woodland Trust has identified that, as a result of the planning loophole I mentioned, hundreds of ancient trees and woods are being lost or threatened in the planning system every year. To put that into context, more than 40 ancient woods have suffered loss or damage from development since the framework was introduced just three years ago, in March 2012. As others have mentioned, the Woodland Trust is dealing with more than 600 ancient woods that are under threat. That is the highest number in the trust’s history, and it is increasing all the time.

The situation is not markedly better elsewhere in the UK. Scottish policy, for instance, recognises only somewhat loosely that the value of ancient woods should be considered in planning decisions, while Welsh policy affirms that ancient woods should be protected from development that would result in significant damage.

It is interesting to note that the Minister with responsibility for forests in the previous coalition Administration revealed in an answer to a parliamentary question that the Government do not collect data about the loss of trees and woods. A complete and precise picture of the scale of losses in any given year is therefore impossible, and the task of protection is made markedly more complicated. With areas of ancient woodland having originally been mapped to act as a proxy for areas of high biodiversity, rather than for their inherent value, it is difficult to conclusively identify and value ancient woodland. Although the modest protections currently available are undoubtedly well-intentioned, such inherent difficulties in conclusively identifying and valuing ancient woodlands make those safeguards almost impossible to implement coherently.

That highlights an important point. Although organisations such as the Woodland Trust are well attuned to up-to-date threats and to the latest developments, the Government are, sadly, lagging behind. Not only is there no central database of ancient woodlands, but no recent analysis has been undertaken of the amount of ancient woodland lost year on year to development, infrastructure projects and other causes, such as unapproved felling.

I therefore hope to hear the Minister confirm that his Department has a plan to take immediate steps to rectify these information gaps. I would be interested to hear what consideration he has given to compiling such figures—possibly as part of his Department’s 25-year plan. Addressing that information gap is of central importance if we are to protect our ancient woodlands and the rich biodiversity they support, not to mention the valuable environmental and social wellbeing they provide.

On that point, it is worth while highlighting the distinctive communities of plants and animals that populate many ancient woodlands, some of which, such as the lichen in some ancient Scottish pinewoods, are of international importance. At the same time, the soils in many ancient woodlands are relatively undisturbed and may preserve distinct species communities and natural ecological processes, such as decomposition and nutrient cycling, all of which it is important to protect.

For reasons such as those, the Communities and Local Government Committee called 12 months ago for ancient woodland to be awarded the same protection as designated heritage assets in the built environment. That proposal would have seen the national planning policy framework amended to require any loss of ancient woodland to be wholly exceptional. The Committee also called for work to be undertaken to increase the number of ancient woodlands with statutory designations, such as site of special scientific interest designation, to further boost the protection of these important habitats. However, in response to the Committee’s report, the Government rejected any change to the framework’s wording, giving the opinion that the protections already in place for ancient woodlands under the framework are strong and make it clear that development should be avoided in such areas.

When the Under-Secretary of State for Environment, Food and Rural Affairs gave evidence to the Environment, Food and Rural Affairs Committee, he suggested that “an enormous amount” of ancient woodland in the UK is

“already protected within our national parks and within AONBs”,

with much covered by Natura sites under European legislation and even more falling under regulations that protect sites of special scientific interest. However, in response to a parliamentary question just last month, he confirmed that evaluations from Natural England estimated that only 15% of ancient woodland is located in national parks, and 30% in areas of outstanding natural beauty.

Despite statutory designation offering the strongest legal protection from loss and deterioration in condition, only 20% of ancient woods in the UK are designated as sites of special scientific interest. In addition, there is no equivalent for woods deemed to be culturally important, potentially leaving sites with high historic—but low ecological—value with less protection. Furthermore, within national parks, only 29% of woodland has site of special scientific interest status, although even that compares favourably with the 13% of woodland in areas of outstanding natural beauty that is similarly designated.

With those figures in mind, I hope that the Minister will look again at the Communities and Local Government Committee recommendation to designate more ancient woodlands as sites of special scientific interest and that he will support such action to strengthen the legal protection of ancient woodland. Doing so is important, not least because the evidence highlights that even those ancient woodlands located in a national park or an area of outstanding natural beauty are not wholly protected against the threat of being impacted by, or lost to, development.

To take HS2 as an example—and we have heard plenty about it today—phase 1 of that significant project, as it is currently planned, directly threatens 39 ancient woods, with a further 23 at risk of secondary effects such as disturbance, noise and pollution, including woods within the Chilterns area of outstanding natural beauty. We might perhaps also consider the hydroelectric scheme proposed at Fairy Glen in north Wales, which threatens ancient woodland within Snowdonia national park. The Cairngorms national park local development plan expressly backs potential development sites that could cause damage to ancient woodland, including at An Camas Mòr, Carrbridge and Nethy Bridge. Indeed, I understand the installation of a micro-hydroelectric turbine within the Cairngorms, for which approval was granted in 2014, will damage ancient woodland, while neither Snowdonia national park authority nor Natural Resources Wales highlighted concerns about the impact on ancient woodland of the Fairy Glen scheme.

As I mentioned at the outset, the risk of allowing such damage is that if we lose the ancient woodlands that we have left they are gone forever. They cannot be replaced. However, that is not to say that we cannot do more to protect vulnerable ancient woodlands and wildlife by creating new woodland and other habitats around the remaining fragments of ancient woodland, thereby shielding them from the effects of neighbouring land use. Members have already mentioned that small ancient woods are particularly vulnerable to impacts from surrounding land uses—chemical pollutants from development, agriculture and the like. Research shows us that fertiliser from cropland can alter the soil chemistry, plant species presence and plant growth as much as 100 metres into an adjacent ancient wood. I would be interested to hear what thought the Minister has given to the potential for utilising such buffer zones around ancient woodlands to help mitigate any such damage, and whether his Department intends to look into that option further to determine its viability.

A number of organisations do important work in restoring, managing and conserving ancient woodland to help it survive, but that work will ultimately prove futile while those habitats remain insufficiently protected in the planning system. I am sure that the recommendations of the Select Committee on Communities and Local Government were appropriately considered, but I would welcome hearing from the Minister what steps the Government are willing to take so that the loss of ancient woodland becomes wholly exceptional. In the light of this week’s events, we should not forget that the loss of tree and plant coverage, along with changes in land use in rural and urban areas, has been a significant contributing factor in the increased risk of flooding, particularly in rural areas.

I know that I am asking the Minister to do more with fewer resources, particularly after the comprehensive spending review made further huge cuts to DEFRA’s budgets, but I would be pleased to hear that his Department will work alongside DCLG colleagues to bolster the protection available to ancient woodland as part of the planning framework and ensure that planning departments are required to protect existing woodland while working with developers to include trees as part of sustainable urban drainage proposals.