Review protections for important trees: amend Forestry Act & list heritage trees

Review and strengthen protections. Amend the Forestry Act 1967 to explicitly define and set a higher evidence bar for exempting any ancient tree felling from licences. Publish and maintain a list of heritage trees with protected status as proposed in the Heritage Trees Private Members Bill 2023-24.

We'd also like the Government to formally commit to implementing the recommendations of a DEFRA-commissioned report from the Tree Council (April 2025), which amongst other recommendations called for engaging key stakeholders within 12 months of publication, and the development of an ‘action plan’ for important trees.

Ancient trees are irreplaceable habitats, and we believe they need better protection. The Forestry Act currently allows some to be felled without felling licences; we think there must be a more rigorous licensing requirement.

As announced in the Spending Review, Defra is making the largest investment in nature in history, with over £7 billion directed into nature’s recovery, including our ancient woodlands and ancient and veteran trees. Ancient and veteran trees are listed as one of the eight ‘irreplaceable habitats’ by The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024. The National Planning Policy Framework (NPPF) recognises ancient and veteran trees and ancient woodland as irreplaceable habitats. We will continue to improve their protections.

Since January 2024, councils must consult the MHCLG Secretary of State if they are considering developments that might impact ancient woodland. Local Authorities have the power to place Tree Preservation Orders, which prevent trees from being felled or significantly modified. The Ancient Woodland Inventory is being updated and is mapping smaller ancient woodland sites of 0.25 hectares. These updates, to be published by the end of Summer 2027, will increase the level of ancient woodlands identified, allowing them to benefit from their protected status as irreplaceable habitats.

We have reviewed the implementation and effectiveness of the NPPF for safeguarding ancient and veteran trees and ancient woodland. Whilst these habitats are strongly protected, the review identified implementation challenges. We are committed to finding ways to ensure that our ancient woodlands are protected in practice as well as policy.

Felling trees is a crucial part of woodland management. However, this doesn’t apply to ancient trees except in cases of overriding public interest, such as danger to life that can’t be mitigated. Done well, felling of non-ancient trees can let more light onto the woodland floor, encouraging ground flora and associated insect and bird communities to flourish. It can also support increased diversity within woodland canopies, supporting wildlife. Felling licences under the Forestry Act 1967 are generally conditional on the owner maintaining woodland cover on site in the long term. The Forestry Commission can refuse an application to fell growing trees for several reasons, including where they believe that the application fails to meet the interests of good forestry practice. This power may be used to protect ancient trees in woodlands from felling. As the criminal case for the Sycamore Gap tree has shown, our judicial system takes illegal tree felling seriously: those that cause illegal damage to trees, woodlands and the environment will be brought to justice.