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Conservation designations

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 (open/close)

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 (ASSIs) - Northern Ireland (open/close)

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 (open/close)

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 (open/close)

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 (open/close)

  • English Nature’s website includes information on SSSIs, NNRs and other statutory designations.
     
  • Scottish Natural Heritage has similar information on its website - click here.
     
  • The Countryside Council for Wales has information on protected sites - click here (or view the same page in Welsh - click here)
     

  • Similar information for Northern Ireland can be found on Environment and Heritage Service's website - click here.
     
  • Find out more about Scheduled Ancient Monuments click here or phone the Department of Culture, Media and Sport on 020 7211 6200.
Contact details for the agencies:
 
  English Nature
Northminster House
Peterborough
PE1 1UA
Tel: 01733 455000

www.english-nature.gov.uk
 
  Scottish Natural Heritage
12 Hope Terrace
Edinburgh
EH9 2AS
Tel 0131 447 4784

www.snh.gov.uk
 
  Countryside Council for Wales
Maes-y-Ffynnon
Penrhosgarnedd
Bangor
Gwynedd
LL57 2DW  
Tel: 0845 130 6299

www.ccw.gov.uk
 
  Environment and Heritage Service of Northern Ireland
Commonwealth House
35 Castle Street
Belfast
BT1 1GU
Tel: 028 9054 6556

www.ehsni.gov.uk
 

Related sections (open/close)

 

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.


 

 

Campaigner's guide

Ancient woods and
trees


Protective designations

Other protective
regulations


The planning process

Campaigning

Guide in full



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