Proposed Sale of Woodland Subplots Legislative Competence Order

Jocelyn Davies

Pre-ballot Information: Outline Proposed Legislative Competence Order

Outline of proposed Order

This Order will require amendment of Schedule 5 Field 18 of the Government of Wales Act to make provision about and in connection with permitted development rights “for the purposes of forestry.”

Pre-ballot Information: Explanatory Memorandum

Policy Objectives of the Proposed Order

The sub division of woodland plots has become an increasingly common and profitable practice in many areas in Wales. This unregulated practice is known to be increasing the risks of damage and degradation to woodland.

Plot developers are exploiting loopholes in the General Permitted Development Order and evading planning control. The Town and Country Planning (General Permitted Development) Order 1995 allows persons engaged in “forestry” work to carry out limited operations and works without the need for planning permission, provided they give prior notice of the intention to do so.

The term forestry is not defined in either primary legislation or any subordinate legislation, including the General Permitted Development Order. There is no legally tested basis for planning authorities to challenge or refute an assertion that the development work essential to create a sub plot infrastructure is “for the purposes of forestry”.

This Order will remove current loopholes in the General Permitted Development Order by:

Enabling the term “for the purposes of forestry” to be re defined to classification of the different uses to which woodland may be put for the purposes of determining an appropriate level of permitted development rights. This will not adversely affect the existing rights of woodland owners or the creation and maintenance of new or existing woodland habitat.