FCo Rural Estates Newsletter Spring 2022 - Flipbook - Page 6
2–B
uying woodland
Thomas Kirkman
The current focus on environmental issues and the special tax status
of woodland have combined to create a surge in commercial forestry
and woodland markets over the last 18 months which shows no sign
of slowing. Private buyers are also paying high prices for amenity
woodland and land to plant trees for environmental ends. Whether you
are buying existing woodland or looking to buy suitable agricultural land
for woodland creation, what should a buyer have in mind to ensure a
successful purchase?
Approvals
With any purchase of land it is important to consider if there are any statutory limitations
which might hinder your plans. Don’t just assume that your proposed woodland creation
scheme can be achieved without any form of approval.
Section 55(2)(e) Town and Country Planning Act 1990 states that “use of any land for
the purposes of agriculture or forestry (including afforestation)” is not development
requiring planning permission. However an Environmental Impact Assessment (EIA)
may be required. Generally, in England, a planting scheme under 0.5ha will not require
an EIA, whereas larger schemes may need to submit an EIA depending on a number of
factors including the sensitivity of land on which planting is contemplated. Any site over
2ha will necessitate an EIA being submitted to the Forestry Commission. It is important
to understand whether there are any existing habitats or wildlife which might be affected
by the planting of trees, for example wildflower meadows or ground nesting skylarks. Site
of special scientific interest status can severely restrict what you can do with a site and
there are different rules for areas of outstanding natural beauty. Natural Resources Wales
administer similar regulations in Wales and generally large-scale projects will need to
submit an EIA. A buyer will want to know that their proposed scheme is acceptable prior to
exchange of contracts.
Access and tracks
As with all purchases, access to the land being bought will be a key factor. Not only will
you need to ensure continuous access to a public highway you may also need to be sure
that this access will practically allow access for timber lorries, either now or in future. The
camber, width and condition of any access track will be fundamental to the successful
operation of any timber business and will be salient for any significant woodland management.
Suitable visibility splays at the junction with the public highway can also be important.
Any right of access which has been acquired through long use (prescription) will only
have acquired a right of way for the existing use; where the land is currently in use for
agriculture there may be no prescriptive right for commercial forestry use. Is appropriate
insurance available? Could the owner of a track be approached and a deed of easement
for forestry use be purchased? What will be required or appropriate may also be dictated
by whether a lender is on board or will be required in the future.
How will tracks or lay down areas for timber be maintained? Have they been maintained
using rock quarried from the land being purchased or from elsewhere, who has
undertaken such maintenance and who owns the stone used? The recent Wynnstay case
Wynne-Finch & Others v Natural Resources Body for Wales [2020] was brought by the
mineral owners against the surface owners, who had used stone quarried from the site
for tracks and other forestry operations on the surface. Whilst the case found in favour of the
surface owner, it shows this is a live issue and third party interests must always be considered.
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Rural Estates Newsletter
Spring 2022