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Chamber and committees

Rural Affairs, Climate Change and Environment Committee

Meeting date: Wednesday, October 26, 2011


Contents


Woodland Expansion Advisory Group

The Convener

Under agenda item 2, as part of an information-gathering exercise for committee members, we will hear from the recently established woodland expansion advisory group. I welcome the witnesses: Dr Andrew Barbour, the group’s chair; Jo Ellis, a land use and climate change policy adviser; and Bob McIntosh, the Forestry Commission Scotland’s director.

Does Dr Barbour want to make opening remarks? I ask that they be short and sweet, so that we can go straight to questions.

Dr Andrew Barbour (Woodland Expansion Advisory Group)

I presume that everyone has a copy of the committee’s briefing, which sets out the background to the establishment of the group. Do members have any questions on why that was done? Is everyone clear about that?

We will go on to that.

Dr Barbour

It is wrong of me to ask the questions.

The Convener

We most certainly will try to look at such issues. As I said, we are undertaking an information-gathering exercise. I am sure that members will raise specific points.

Perhaps you could answer the first question that you posed.

11:45

Dr Barbour

The forestry side recognised that the planting targets were not being met. One or two situations also arose in which conflict—for want of a better word—occurred, particularly between farming and forestry interests.

The land use strategy indicated that we should take a different route—it said that we should look at integration rather than be in conflict and that we needed to find better ways of delivering more from our land, which is a finite resource. Following the land use strategy document and the policy declarations that the Government had made in different places and at different levels, it was entirely right and proper to establish a group to consider the matter.

The minister’s evidence today was that planting has increased over the past two or three years, but must increase by a good deal more. Is there room for increased conflict between different interests over land use?

Dr Barbour

It is fair to say that there is room for more conflict. The group’s job is to find a route through that and to minimise conflict or avoid it completely. We will be judged on what we produce and on how successful we are.

I open the session to members’ questions.

Alex Fergusson

I thank Dr Barbour for his introduction and the clerks for the briefing paper. Has the group been given a remit to focus on putting a certain percentage of land to commercial planting rather than what the minister referred to as traditional woodland, or is the group looking purely at expanding woodland plantation?

Dr Barbour

Our approach has been to set up work programmes that will look at the barriers to creating different types of woodland. We will consider how different types of woodland complement existing land uses. In that mix, commercial softwood plantation establishment is being considered.

I say plainly that the group is not spending time on debating the quantum. We are stepping back from that because—to be blunt—we do not want to get bogged down in conflict about whether there should be 10,000 hectares or whatever of a certain type of woodland. We are looking at how we can get more woodland—that is one question that we are addressing. Broadly, the other parts of our remit are where the woodland should be and what it should look like.

Other panel members may of course speak if they wish to add to Andrew Barbour’s answers—they do not appear to wish to speak yet.

Alex Fergusson

On a slightly different but related tack, I was alarmed when the minister said—I think that I picked him up right—that the Government was concerned about the planting hectares that were lost in replanting. I am concerned about that because of an issue that affects all of us who live in rural areas.

I represent Galloway. Elaine Murray and I know that our region already has 30-plus per cent afforestation, most of which was just blanket afforestation through the 1960s, 70s and 80s. I very much welcome the replanting restrictions, because they free up riverbank areas and allow much more diversity in the planting area, which we all welcome for the environment. I appreciate that the group is in its early days, but I trust that in trying to free up land for commercial planting it is not tempted to revert to the blanket planting of yesteryear—I hope that that description is accurate.

Dr Barbour

No—I absolutely appreciate the concerns. Bob McIntosh will talk about the issue.

Bob McIntosh (Forestry Commission Scotland)

Government policy is clear that the wall-to-wall plantations of the past are a thing of the past. When the time comes to fell and restructure such plantations, the woodland areas will sometimes be pulled back to create a much more acceptable design of the landscape and to create more diversity. That is entirely necessary to create a diverse forest from even-aged plantations.

Thank you. I have no further questions for the time being, convener.

Jim Hume

In the previous evidence session with the minister, we heard that restructuring in the past four or five years has meant that we have lost about 24,500 hectares, so the issue is significant.

In Scotland, most farmland—sorry, about half of it—is tenanted. There are no incentives for tenant farmers to plant upland, or they might not be allowed to, and if the landlord were to plant on tenanted land, that would cause a different type of conflict. Has the group looked at that scenario? Are there any thoughts on a possible solution?

Dr Barbour

We have identified that as an issue to look at. Indeed, Angus McCall is a member of the group and I do not think that he would let us not think about it. We have started to look at barriers to participation in woodland creation across a range of different land occupier and ownership types. The tenant situation is one of those, so we will address that straight up.

Jim Hume

Putting forestry down as a tenant’s improvement is a thought that has been rattled around before. If he remained the tenant, he would be able to gain a grant and make use of the woods and the harvest and, if he left halfway through, it would be seen as a tenant’s improvement. Has that been considered yet?

Dr Barbour

We have not specifically considered that aspect, but that is a situation that we will have to deal with because, as we all know, it can be a thorny issue.

The Convener

In that context, can I ask about the crofter forestry scheme? It has been in existence since, I think, 1994, so it has had some time to kick in. It gives tenants and owner-occupiers the right to grow trees on crofts. Are you likely to take evidence on that? Could it help us to deal with the farming interests in relation to gaining value?

Dr Barbour

We will take evidence on those matters. Jo Ellis might like to comment on what we are planning.

Jo Ellis (Woodland Expansion Advisory Group)

At the next meeting of the group, which is in early December, we will take evidence from the Scottish Crofting Federation, which will make a presentation. The Crofting Commission will also be there to observe the meeting. The issue is certainly something that we are taking into account. The group recognised early on that it is one interest that is not represented on the group but is a significant land tenure in Scotland.

The Convener

Indeed. It would be interesting to know how much land has been turned over to forestry on crofts. I recognise that it is a short time since the implementation of the legislation but, nevertheless, it could give us a pointer. Maybe you could provide us with that information in due course.

Bob McIntosh

Yes, we can certainly do that. There has been a significant amount of activity, both by individual crofters planting up their crofts and by crofters who have come together to plant common grazings. Of course, the legislation surrounding who benefits from woodlands in a crofting situation is rather different from that which applies to the normal landlord-tenant relationship, which it is rather more difficult to see a way through.

Graeme Dey

My question is perhaps best directed to Mr McIntosh, because it concerns the loss and replacement of forestry in relation to onshore wind development.

In the course of the committee’s work earlier this year, we were told that it was for ministers and the planning authorities to determine the need for and nature of compensatory planting, but that the Forestry Commission Scotland would be proactive in offering advice and assistance. We were also told that compensatory planting should be completed as soon as possible after development, if not before. We did not get any answer on the issue of what sanctions were available for anybody who did not comply and the extent to which action would be taken.

I recognise the Forestry Commission’s limited involvement in the matter, but will you outline for us how effectively you consider the system to be working, what figures we have for compliance and whether you are aware of any sanctions being imposed on developers who have not fulfilled their responsibilities?

Bob McIntosh

A few years ago, it was entirely down to the planning authorities: if they gave planning consent for a wind farm that involved removing trees, that was the end of the story. However, we have engaged with our planning colleagues and now have built into the planning guidance and the national planning framework a presumption against removing trees unless there is a good reason for it, and a presumption that, if trees are removed in such a development, there should be compensatory planting. That is not the same as saying that it is an absolute must, but that is the line that local authorities are expected to take in response to the planning guidance when they deal with planning applications for wind farms.

Because that policy has been in place only for the past year or two, it is a little bit early to say whether it will make a big difference. However, the indications so far are that we are getting the wind farm developers to accept that, if they remove trees, there should be some compensatory planting. There will be occasions when, for various reasons, removing trees would be a good thing and we would not expect the developers to do any compensatory planting in those circumstances.

So no sanctions are available to planning authorities if developers do not comply with that policy in any way.

Bob McIntosh

I am not an expert in planning law, but I guess that it may be open to planning authorities to make it a condition of permission for a wind farm development that there be compensatory planting. I am straying outside my knowledge in saying that.

I appreciate that.

Do any of the other witnesses have knowledge of the position?

Jo Ellis

The fact that there is a requirement for compensatory planting prevents some woodland loss in the first place. Some wind farm developers are considering alternatives to removing all the trees and are going for what we call keyholing—putting the wind farm within the woodland—or changing the forestry to a lower kind that causes less air turbulence. The policy is not only about compensatory planting but has changed the way that woodland is considered as part of wind farm planning applications.

Dr Barbour

There is normally a trade-off between not removing the trees and having to install taller turbines so that the blades are well above the wind turbulence that the trees cause, which could cause the blades to break.

Elaine Murray

There are a couple of issues that I wondered whether the group would consider in its work. I am conscious that it has been established fairly recently and, therefore, will not have completed its work yet.

One issue relates to the discussions that occurred during consideration of the Flood Risk Management (Scotland) Act 2009, on the contribution that woodlands can make to the control of flooding through the retention of flood waters and by preventing flood waters from proceeding as fast as they might otherwise do in unforested areas. The planting of new trees can give us two hits: flood prevention and carbon reduction. Will that be an aspect of your work?

Dr Barbour

Yes, absolutely. The SEPA representative on our group has already identified it as something that we need to consider. It is part and parcel of the work programme that we will put in place over the next four or five weeks.

Elaine Murray

The other issue concerns the uses of timber. The timber industries are concerned that, because of the ROC payments, the production of timber for biomass can be treated more favourably than the production of timber for them. They often tell us that there is a conflict of interest. Will you consider that in your work and perhaps make some recommendations about how it might be addressed?

Dr Barbour

We have not specifically examined that issue. That is partly because, when we consider woodland establishment, we must pay attention to the markets that exist. However, the market for biomass and the market for carcasing need not necessarily influence exactly what somebody plants: the same species of tree can go to the different markets.

Perhaps my colleagues would like to add to that.

Bob McIntosh

It is a big subject, but it is one that is a bit outside the group’s remit. The group is considering where woodland should go, how much there should be and what sort of land it should go on, so what the trees are used for is outside its remit.

It is about the downstream industries and so on.

Jo Ellis

Our members certainly recognise that we need different kinds of woodland to meet different needs. We do not all focus on one kind of woodland. We recognise that trees can have various productive uses at the end of their time.

12:00

Annabelle Ewing

Thank you for coming along to give evidence. I have three questions. The first concerns the extensive nature of Ministry of Defence land in Scotland. To what extent will that be factored into the advisory group’s consideration of the big issue of land use in Scotland?

Dr Barbour

That issue has not been raised, but it is an interesting point. We are happy to take it away and add it to the mix. It might well be raised under our call for views, which is under way. Given the extent of MOD land, I hope that the MOD will contribute. Thank you for the question.

My next question is on a specific aspect of your remit, which is to look at conflict resolution mechanisms in the area. To what extent do you anticipate looking at international best practice?

Dr Barbour

I will ask Bob McIntosh to answer that. We are mindful of what is happening elsewhere, although we have not specifically considered conflict resolution. The situation with afforestation elsewhere in Europe—except in Ireland—is very different from the UK context. However, I ask Bob McIntosh to comment.

Bob McIntosh

That is the point. Countries in the rest of Europe already have the amount of forest that they want. The average forest cover in EU countries is about 34 per cent, so forest expansion is not a big issue in most of them. They might be looking to us to see how things can be done, because we are one of the few countries in Europe that want to expand the forest resource in a meaningful way.

Annabelle Ewing

Thank you. My final question is a process question. I seek an assurance that, when you reach the stage of the public meetings that you intend to hold, which under your current timetable will be next spring, they will reflect, as far as possible, a wide geographic spread. A wide cross-section of people will be interested in coming along to your meetings and it is important that there is an appropriate geographic spread.

Dr Barbour

Jo Ellis will keep me right here, but seven meetings are planned to try to cover that geographic spread.

Jo Ellis

We have done some work on the areas where there is likely to be the most potential for woodland expansion, and the meeting locations are based on that. We are focusing on the areas where most of the conflicts will be played out, if they arise. There will be seven meetings and we will set the dates as early as possible so that we can get information out to stakeholders through the steering group and wide advertisement. We want people with an interest to get involved. The meetings will be held in the evenings so that it is easier for people to get to them and take part. The people whom we want to be there do not sit at desks in the daytime but are out farming and planting trees.

Will you expand on that and identify which general areas of the country you are talking about?

Jo Ellis

The locations that we propose are Dumfries, Ayr, Selkirk, Perth, Huntly, Dingwall and Oban. That is not a perfect geographical spread, but it takes into account most of the areas that have the most potential and the greatest number of people who are likely to engage in the subject.

The Convener

In considering where it would be possible to expand woodlands, you are looking at the different soil types that exist. I notice that there is quite a preponderance of places in the south of Scotland in your list. Soil types might conflict with things other than agriculture, such as grouse shooting. Are you looking at that? It struck me in previous sessions of Parliament that the east of Scotland and Angus have ideal mineral soils for forest development.

Dr Barbour

We have certainly considered field sports as a land use with which we must engage and whose interests we must understand—and I reinforce the point about soils, which are critical in growing trees.

We are looking at the land use data sets that are in the public domain, through extra work that we asked the James Hutton Institute to do, which builds on the work of the Macaulay Land Use Research Institute, with which you will have been familiar. I am not sure what data sets there are on the grouse sector, but we have certainly discussed the grouse sector and its interest—or rather, lack of interest—in growing trees, which is an issue on the east coast of Scotland, as you said. It is fair to say that we have spent a bit more time considering how to engage with the deer sector, where there is good potential for complementarity between sporting interests and woodland.

Alex Fergusson

Three of your seven public meetings will be in the south of Scotland, and one will be in Oban. Those are the areas in Scotland where there is the most afforestation, as I said. Dumfries and Galloway is already more than 30 per cent planted, which is way ahead of the Government’s overall target.

Many people in those areas—and indeed many agencies—think that there is already enough forestry in the areas that you might argue are most suited to growing trees. How are you factoring the issue into your work? Do you have a presumption in favour of looking at areas that are nowhere near such a level of afforestation in trying to meet the Government’s targets?

Dr Barbour

We are certainly looking at existing forest cover and considering where there might be limitations to increasing it, due to issues of acidification and, potentially, landscape. There is existing work on the matter. We will also look to get the local view on issues such as you talk about in, for example, Argyll or southern Scotland, through the call for views. That is an important part of how we take our work forward. Bob McIntosh might add something.

Bob McIntosh

The James Hutton Institute’s work has been useful, because it takes the whole of Scotland and excludes land that physically cannot grow trees, the best agricultural land and other land where there are constraints because there is an SSSI or because of landscape issues, and then considers what we are left with, which is the areas where it is logical to start looking at where more woodland might go.

That is the stage that we are at now. We have identified the zones where there ought to be scope for more woodland and we are looking in more detail at those zones, to see what the current land use is and what sort of farming businesses there are. The next stage will be to consider how we determine how much of the remaining area of land that is suitable for trees should be planted. Those are the sorts of questions that we will come to next.

Are the majority of your public meetings taking place in those zones?

Bob McIntosh

Yes.

That suggests that you are looking at increasing planting in the areas that have the maximum afforestation in the country. I am not sure that that is where the policy ought to be going.

Bob McIntosh

Outside Galloway, there might be scope in quite a lot of Dumfries and the eastern Borders. I think that we recognise that there is probably limited scope in Galloway for a lot more forestry.

Jo Ellis

On the location of the meetings, there were practical considerations about how easy places are to get to. Just because I chose those places does not mean that we want woodland around them. It was about getting a balance of areas that met the criteria for having some potential for woodland expansion, areas where there have been issues in the past, which it would be good to air in a public meeting, and areas that are accessible. Please do not think that the locations of the meetings represent the only areas in which we want woodland expansion; the choice of location was purely practical.

Bob McIntosh

Throughout Scotland we have a system of indicative forestry strategies, which are prepared by local authorities. Nearly every local authority has such a strategy or is in the process of preparing one. The aim of the strategies is to get together all the stakeholders in a particular geographical area, such as the Borders, to identify what sort of land should be suitable for planting, where woodlands might go and what sort of forestry development might take place. That has been a highly effective process. There are a number of indicative forestry strategies but, unfortunately, people do not always take a lot of notice of them when it comes to where trees should go. One of the issues that we will consider is whether we can make that process more effective.

I am grateful for your reassurance—thank you.

Richard Lyle

I certainly noticed that you are not coming to the Central Scotland region.

I turn to another subject—new planting. Following the 1970s and 1980s, planting fell dramatically at the start of the 1990s. What was the reason for that? Was it to do with the removal of tax incentives, for example? The level of planting has gone down from over 20,000-odd hectares to less than 5,000 hectares for conifers and broad-leaves.

Bob McIntosh

Yes, there was a sea change in the late 1980s when the tax regime relating to forestry changed. Up until then, someone who planted woodlands could claim tax relief on that. At that stage, the highest tax rates were something like 70 or 80 per cent. Someone who was paying 70, 80 or even 90 per cent income tax would have been pretty silly not to go and plant some trees. Perhaps that pushed things too far as regards planting and where it went, so the Chancellor of the Exchequer at the time decided to take forestry out of taxation, which made a big difference to the number of hectares that were planted.

Since then, there has been a fairly steady decline in the annual planting programme. That is not just because of the change in the tax regime. There is a limited supply of land in Scotland and it is all being used for something at the moment. Not every landowner wants to change his land use to woodland.

So should we encourage the reintroduction of a tax incentive?

Bob McIntosh

That is an interesting question. It would not, of course, be within the competence of the Scottish Government to do that; we would have to convince the UK Government. There is a view in the forestry sector that a properly constituted tax system that related more to carbon benefits might be an effective way of incentivising forestry and woodland planting but, at the moment, it is not within the competence of the Scottish Government to introduce such a scheme.

I understand that—I was asking whether the UK Government should do that.

The Convener

Members have no further questions.

Dr Barbour and his team are setting out on a journey. We hope to hear that they reach some interesting destinations, particularly in relation to the conflict areas that we talked about. We will be very happy to hear from you again. I thank you for giving us evidence, which has given us food for thought. There may be one or two issues on which our clerks will ask you to clarify some factual matters, if you can.

We now move into private session, so I thank those members of the public who have attended the meeting. The committee’s next meeting will be on 2 November.

12:13 Meeting continued in private until 12:25.