Protection of Ancient Woodland and Trees

Debate between Richard Arkless and John McNally

Thursday 10th December 2015 Westminster Hall

[John Mc Nally]

I can give the hon. Gentleman a brief answer, but I am sure my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (Calum Kerr) will answer that later. The Scottish Government have developed a policy direction for decisions on woodland removal in Scotland and will apply the policy to decisions within the areas of competence. Unlike England, Scotland has an ancient woodland inventory, to which the hon. Member for Taunton Deane referred. We are making progress. There is a lot more information to read, which I advise hon. Members to do. We can all learn lessons from one another. This is not a political matter; it is about doing the best we can.

Within my constituency, more than 7.5% of the ancient woodland is under threat, while more than 40% of constituents live near woodland. That amounts to only 15.6% of woodland, old and new, which is quite scary. However, the quantity of ancient woodland under threat is not the only issue; the irreplaceable nature of that woodland is the significant point. The hon. Member for Taunton Deane mentioned a Fortingall tree earlier of between 3,000 and 3,500 years old, which I have visited many times. It is believed that Pontius Pilate was born underneath it—never let the facts get in the way of the truth. In Scotland, we define ancient woodland as having existed since around 1750 AD, so what takes minutes to cut down takes centuries to grow. The loss is immeasurable; imagine cutting down the Fortingall tree.

Existing protection for ancient woodland is insufficient. The UK Government have stated on many occasions their support for and appreciation of the value of ancient woodland and the need to protect it. In Scotland, as I mentioned, we are making significant efforts to change that and address these problems, although we are not without our problems. Unlike many precious habitats, however, ancient woodland is not a statutory designation in law and therefore suffers from a lack of protection.

The Minister responsible for forestry, the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Penrith and The Border (Rory Stewart), for whom I have a lot of time—he is an excellent guy who knows his brief exceedingly well—recently admitted:

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

That is quite a statement.

Paragraph 118 of the national planning policy framework allows for the destruction or loss of ancient woodland and aged or veteran trees if

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

That is a total contradiction, because we can never get that woodland back. As a result of that loophole, hundreds of ancient woods and trees are lost or threatened in the planning system every year. Since the NPPF was introduced in March 2012, more than 40 ancient woods across the UK have suffered loss or damage from development. Hundreds more ancient woods are at risk within areas of land allocated for development through site allocations as part of local plans. As admitted by the Forestry Minister under the previous Administration, the Government do not collect data relating to the loss of trees and woods, so a complete picture of the scale of losses in any given year is currently impossible—I totally agree with the hon. Member for Taunton Deane on that.

In December last year, the Select Committee on Communities and Local Government called for ancient woodland to be awarded the same level of protection as designated heritage assets—that includes the house owned by the hon. Member for Taunton Deane. The Committee also called for work to be undertaken to increase the number of ancient woods with statutory designations, to further increase protection. However, in response to the Committee’s report, the Government ruled out changing the wording, arguing that

“existing protection for ancient woodland in the Framework is strong and it is very clear that development of these areas should be avoided.”

Again, that seems a wee bit contradictory. I urge the Government to follow the Communities and Local Government Committee’s recommendations.

In addition to the previously mentioned comments, the Forestry Minister went on to say that

“an enormous amount of our ancient woodland is already protected within our national parks and within AONBs. A lot of it is covered by natural sites under European legislation and a lot of it is protected under SSSI legislation.”

In a response to a parliamentary question on 23 November, corrected on 24 November, the Forestry Minister set out how much ancient woodland is in fact located within designated areas:

“Natural England estimates that 15% of ancient woodland is located within national parks and 30% is located within areas of outstanding natural beauty (AONBs). In national parks, 29% of this woodland has site of special scientific interest (SSSI) status; in AONBs, 13% of this woodland has SSSI status.”

Unfortunately, while some ancient woodland is indeed located within a national park or area of outstanding natural beauty, that is simply not good enough protection to ensure ancient woodland is not impacted by or lost to development. I absolutely agree with the hon. Member for Thirsk and Malton (Kevin Hollinrake), who mentioned the issue of fracking in such areas.

The HS2 route, as has been mentioned, is a notable example of woodland located within designated areas being threatened by development. Although I do not know it, the Chilterns is an area of outstanding natural beauty, well known throughout the world. Another example provided by the Woodland Trust is a hydroelectric scheme currently being proposed in north Wales at Fairy Glen near Betws-y-Coed—are there any Welsh Members here?

[Richard Arkless (Dumfries and Galloway) (SNP)]

You got away with it.

[John Mc Nally]

Thanks. No one can contradict me.

The scheme threatens to damage the ancient woodland located in the 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, in 2014 the installation of a micro-hydroelectric turbine in the Cairngorms was approved, which could also damage ancient woodland.

I could go on and list more examples of ancient woodlands in designated areas that have been removed or are threatened by development. I think everyone in the room shares the concerns of the hon. Member for Taunton Deane about such matters, and I go along with her too. I am happy to support her as best I possibly can. I had more to say, but I think I have spoken for long enough.