Woods considered to be of high conservation value may have one or more
designations that afford them varying levels of protection.
Sites of Special Scientific Interest (SSSIs) - England, Scotland and
Wales
These are notified by English Nature, Scottish Natural Heritage or
the Countryside Council for Wales, setting out the reasons for the
importance of the site and a list of operations likely to damage the
special interest of the site. These can’t be carried out without
written consent from the relevant body, unless it is an emergency
operation or authorised by a planning permission on the site. However,
the relevant body will be consulted on any planning application likely
to have an effect on a SSSI and can object.
The Countryside and Rights of Way Act, which came into force in
England and Wales in 2000, gives the statutory agencies a new power to
refuse consent for damaging activities. It also increased the
penalties for deliberate damage to SSSIs to up to £20,000 in the
magistrates' court and unlimited fines in the crown court and
introduced a new court power to order restoration of the damaged
special interest where this is practicable. It also allows for third
parties (ie not landowners or tenants) to be prosecuted for damage to
SSSIs.
Similar legislation is likely to come into force in Scotland in 2004
through The Nature Conservation (Scotland) Bill. This will modernise
and enhance the current SSSI system, requiring greater transparency,
wider consultation and a new dispute resolution process. The degree of
protection will be improved and day-to-day burdens on land managers
decreased. The Bill will allow damaging activities to be blocked where
necessary. Penalties for damage to SSSIs are to be increased up to
£40,000, and higher fines will be an option if the offence is serious
enough. Regulatory bodies such as the Forestry Commission or Scottish
Environmental Protection Agency will have to gain consent from
Scottish Natural Heritage prior to consenting to an operation affecting
an SSSI.
The SSSI designation covers only a small proportion of woodland, for
example less than 15% of ancient woods in the Britain are SSSIs.
Areas of Special Scientific Interest (ASSI) - Northern Ireland
These are the equivalent of SSSIs in Northern Ireland. They are
designated by the Environment and Heritage Service of the Department
of the Environment. As in the rest of the UK, designation involves
setting out the reasons for the importance of the site and a list of
operations likely to damage its special interest. These operations
cannot be carried out without the notification of and agreement by the
Environment and Heritage Service.
Other national and European sites
National Nature Reserves (NNRs) are established and protected
by means of nature
reserve agreements with English Nature, Scottish Natural Heritage,
Countryside Council for Wales, or Environment and Heritage Service.
This designation does not afford them greater protection in law, and
in practice most in Britain are designated SSSIs as well.
The highest level of protection is given to sites that form part of
the European wide “Natura 2000” network of sites. These have
one of the following designations:
- Special Protection Areas (SPAs) (habitat of threatened
bird species) Designated under the EU Birds Directive.
- Special Areas of Conservation (SACs) (habitat of
endangered species) designated under the EU Habitats and Species
Directive.
Any project likely to have a significant effect on these sites is
subject to intense scrutiny and is likely to be called in by the
national government for consideration.
Other statutory designations which do not give specific protection to
woodland but which may lend weight to a campaign include:
- National Parks (including the New Forest which has
planning status equivalent to a National Park but has not yet been
properly designated).
- National Scenic Areas and Regional Parks in Scotland and
Areas of Outstanding Natural Beauty (AONBs) in England, Wales
and Northern Ireland.
Woodland in these areas may be more valued, and proposals likely to
affect valuable woodland will be subject to extra scrutiny eg by the
National Park Authority.
Woods may also contain, or be part of, a Scheduled Ancient
Monument. These historic sites are protected under the Ancient
Monuments and Archaeological Areas Act (1979) and permission must be
sought from the Department of Culture, Media and Sport before work can be carried out to them.
What you can do
If you think a designated site is being damaged, you should contact
the body responsible for
monitoring it. You can find out whether or not a site has a
designation by looking at the local development plan.
Find out more
Contact details for the agencies:
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English Nature
Northminster House
Peterborough
PE1 1UA
Tel: 01733 455000
www.english-nature.gov.uk
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Scottish Natural Heritage
12 Hope Terrace
Edinburgh
EH9 2AS
Tel 0131 447 4784
www.snh.gov.uk
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Countryside Council for Wales
Maes-y-Ffynnon
Penrhosgarnedd
Bangor
Gwynedd
LL57 2DW
Tel: 0845 130 6299
www.ccw.gov.uk
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Environment and Heritage Service of
Northern Ireland
Commonwealth House
35 Castle Street
Belfast
BT1 1GU
Tel: 028 9054 6556
www.ehsni.gov.uk
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Related sections
Disclaimer.
This information is based on the experiences of the
Woodland Trust and Ancient Tree Forum in dealing with cases of woods
and trees under threat. While its content is intended to broaden
understanding of the process, the Woodland Trust and Ancient Tree
Forum do not accept liability for any errors or omissions or for any
loss arising from use of the information contained herein by other
parties. In any circumstances outside the knowledge and competence of
an individual, he or she should always seek advice from an appropriate
qualified professional such as a surveyor or solicitor depending on
the case. None of the information on this web-page is to be relied
upon as a statement of fact.
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