The planning system is important and it is essential to understand how it works. Most cases of woods under threat the Woodland Trust deals with relate to planning applications for development affecting ancient woods, parkland and individual ancient trees.

Felling trees and clearing land does not in itself require planning permission. A planning authority could only prevent that from happening by serving an emergency tree preservation order. However, felling may require a felling licence.

The planning system has two parts: forward planning and development control (increasingly known as development management):

• Forward planning consists of planning policies produced by central, regional and local government to guide future development.
• Development control over individual planning proposals is managed by local planning authorities, which must make their decisions within the framework set out by national, regional and local planning policies.

Permitted development covers certain classes of development which do not require a planning application under development control.

Development control over minerals, waste and transport may be carried out by a different planning authority from other types of development, or may be by the same body in the case of unitary authorities.

“Development” covers building work, and changes of use of buildings and land.

The Scottish Executive sets out national guidance in National planning policy guidance (NPPGs) supplemented by Planning advice notes (PANs), which give more detailed advice and guidance on best practice for subject areas. NPPG14 on Nature conservation states: “planning authorities should seek to protect trees, groups of trees and areas of woodland where they have natural heritage value or contribute to the character or amenity of a particular locality. Ancient and semi-natural woodlands have the greatest value for nature conservation” (NPPG14, para 51), PAN60 on Natural heritage provides further guidance on trees and woods.

There are 32 unitary authorities in Scotland (and one national park), responsible for all planning functions in their areas. Each is required to produce a structure plan (and an Indicative forestry strategy - IFS), either exclusively for its area or jointly with other councils. All councils are responsible for producing local plans for the whole of their area. Scottish local authorities can also produce subject local plans. Examples include an urban nature conservation subject local plan (Dundee) and minerals subject local plans (North East Fife and the Scottish Borders).

IFSs are a link between forestry (generally outside the planning remit) and the planning system. IFSs generally focus on new planting - and sometimes management, rather than protection of the existing resource. They are an integral part of approved structure plans in Scotland and the whole of Scotland except the Lothians is covered by an approved IFS.

Plans are generally produced in consultation draft form (often replaced or preceded by an issues report), before a formal finalised draft is published. After consultation period, the planning authority considers any representations, and may issue proposed changes in an attempt to overcome at least some of the objections and then publish subsequent drafts.

If you are concerned about a specific development proposal, you need to check what stage the plan is at. If you can still feed comments in on the development proposal which may be included in the plan, then the earlier in the process the better. You can feed comments in through formal consultation procedures as set out by the council.

You need to check the details of the development proposal set out in the plan. It is also helpful to check what protection ancient woods and trees have under the plan and the details of the indicative forestry strategy (if one has been produced). If the proposal is not included in the plan or is contrary to general policies this will add a lot of weight to your campaign.

If the development has been approved in a previous plan and the land is designated for that use, then you need to engage with the development control system, which involves objecting to specific planning applications (see Planning permission).

You can comment on development plans even if you are not concerned about a specific proposal. Ensuring the plan contains the best possible protective policies for woodland and trees will pre-empt development proposals that could lead to their damage or loss. When commenting on development plans you can refer to national planning policy guidance.

• Your local council’s website, planning policy office or local library should be able to provide you with details of the local development plan.
   
• A guide to the planning system in Scotland is available online click here or by telephoning 08457 741741 and asking for the Planning Helpline.
   
• A Planning Bill will be introduced into Parliament in early 2004, this may affect some of the above detail.
   

• The English planning system
   
• The Welsh planning system
  (Y Drefn Gynllunio yng Nghymru)
   
• The planning system in Northern Ireland
   
• Planning permission
   
• Permitted development in Britain
   
• Planning appeals and public inquiries
   
• Minerals applications
   
• British Standard 5837 – trees and development
   
• The local government ombudsmen