Ancient Woodland: strengthening protection

Ancient woodlands are woodland which have been in continuous existence since 1600AD or longer. Typically, these woodlands: 

• are more ecologically diverse
• have a higher nature conservation value
• provide a wide range of ecosystem services 

They take centuries to form and are an irreplaceable resource.

Our ancient woodlands are of national and international importance. Those which are Atlantic or Celtic rainforest are more threatened than tropical rainforest. This is why many of these woods are designated as Sites of Special Scientific Interest (SSSI) or Special Areas of Conservation (SAC). We have around 95,000 hectares of ancient woodland sites. 42,000 hectares of this are ancient semi-natural woodlands which have been continuously managed as semi-natural woodland. These are different from plantations on ancient woodland sites (PAWS) or those being restored to a more natural state.  

Many of the threats faced by ancient woodland were highlighted in the recent “State of Wales’ Rainforests” Report 2024 published by the Alliance for Wales’ Rainforests. These can be summarised as:

direct threats such as : 

• losses due to illegal felling
• losses due to felling for development purposes

indirect threats causing  a deterioration in the condition of ancient trees and woodland due to:

• air pollution
• a lack of woodland management

Together these threats are having a negative impact on ancient trees and woodlands. If we don’t act, there is a risk of irreversible decline. 

This statement sets out our approach to addressing these threats through strengthening protection for ancient woodland and trees. This is in line with our Programme for Government commitment. Much of this work is already taking place and more is in development. This work will help address the requirements set out in the report by the Alliance for Wales’ Rainforests, to increase rainforest resilience. We will continue to consider further work in the longer term. The following is not intended to be an exhaustive list of all the threats and interventions. It is a focus on the strategic priorities.

Planning policy

Trees and woodland, including ancient woodland can be lost due to development. We have strengthened protection within the planning system or are working towards this.

Local authorities must follow our Planning Policy Wales guidance (PPW) when deciding planning applications and preparing development plans. PPW sets out a strong framework for the protection of trees, woodlands and hedgerows, including ancient trees. The revised PPW12, published in February 2024, strengthens this protection.

Planning authorities must now follow a biodiversity step wise approach. This approach states that the priority is to avoid damage to biodiversity and ecosystem resilience. 

The approach ensures that any loss of biodiversity as part of a proposed development is avoided or compensated for. Protection for ancient woodlands and trees goes further. It prevents loss or impact from development “unless very exceptionally” there are significant and clearly defined public benefits. We need this caveat so that the impacts of specific types of development proposals are taken into account. The local planning authority makes this judgement, reflecting all relevant planning considerations. This and the step wise approach is needed to justify any loss or damage to ancient woodlands and trees.  

Planning authorities can protect trees and woodlands by making a Tree Preservation Order (TPO). The Law Commission reviewed our planning laws in 2018. It made several recommendations, including those for the better protection of trees within the planning system. These included recommended changes to the TPO regulations to increase the effectiveness of the protection they provide. An example would be tightening up the provisions around the works to dead, dying or dangerous trees. You would only be allowed to make trees safe without consent, where the tree would cause an urgent risk of serious harm. 

The Law Commission’s recommendations are being considered as part of a much larger project to bring together planning law in Wales. New TPO regulations will be looked at as part of the Planning (Wales) Bill which will bring together planning law. We intend to put in place the Law Commission’s recommendations agreed by us through:

• bringing together planning laws
• revising TPO regulations
• revising our guidance

These actions will increase protection for trees and woodlands, including ancient woodlands.

We also look for opportunities to: 

• discuss tree protection
• increase awareness of the planning tools available to protect trees
• highlight the value of planning tools in achieving biodiversity and green infrastructure objectives
• highlight the protection measures available to the organisations that implement them. These organisations include:
  • local authority planning forums
  • public and private sector ecological organisations
  • landscape groups
  • the wider development sector

Road improvement schemes 

Road improvement schemes can impact on ancient trees and woodlands mainly through loss of trees and the effects of pollution. Llwybr Newydd i Natur - The Welsh Strategic Road Network Nature Recovery Action Plan committed us to:

• a principle that road infrastructure projects should not mean destroying irreplaceable habitats
• more protection of ancient woodland in the planning stages of road infrastructure improvements
• ensuring that we identify potential negative impacts early and avoid them where possible

Negative impacts to ancient trees and woodland will be a last resort. Schemes impacting on ancient woodland will only proceed where they will have significant and clearly defined public benefits. 

When an impact on ancient woodland is unavoidable, appropriate measures will be taken to mitigate those impacts. We will look at how to monitor and evaluate these mitigation measures. This will include a consistent approach to identifying ancient trees and woodlands.

Felling licences

The control of tree felling in Wales is regulated through the Forestry Act 1967. An owner must get a felling licence before felling growing trees. Natural Resources Wales (NRW) issue felling licences in line with the UK Forestry Standard (UKFS). This is the government’s standard for sustainable forest management. 

The Forestry Act 1967 was amended through the Agriculture (Wales) Act 2023 to provide better protection to wildlife and the environment during felling operations. NRW can now include environmental conditions in a felling licence. Our ancient woodlands and veteran trees can now be better protected during felling operations. This builds on the rules and guidelines in the UKFS, which all felling licences must comply with. 

There have been several cases of NRW successfully prosecuting landowners for illegal felling of native woodlands without a felling licence. The Forestry Act 1967 has been amended so that illegal felling now carries an unlimited fine. This will help discourage illegal tree felling. 

Ancient woodlands and trees are under pressures due to indirect threats. This can cause their condition to deteriorate and make them less able to cope with climate change. The main indirect threats and measures to tackle these are:

Air pollution

Air pollution is damaging to the condition of many forests and their ecosystem functions. Ammonia emissions are a serious threat to ancient woodlands. 61% of ancient semi-natural woodland has been assessed as having ammonia concentrations above the critical level for lichen and bryophytes. The cause is primarily due to agricultural intensification. Both are crucial for ancient woodland ecosystems to function but with this level of ammonia, they will be unable to survive.  

We are working with stakeholders on reducing ammonia pollution. This includes work on the implementation of the recommendations resulting from the 4-year review of the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 (CoAP Regs). The recommendations, which will be implemented in full, include the introduction of measures specifically designed to contribute to progress towards achieving statutory emission reduction commitments. Reduced agricultural ammonia pollution will reduce the negative impact on our ancient woodland sites. 

The Sustainable Farming Scheme (SFS) could improve the condition of our remaining ancient woodlands located on farms across Wales. Some farming practices damage the condition of ancient woodland, but modifying these could benefit ancient woodlands and habitats. SFS proposals include optional actions to lower the environmental impact of ammonia emissions. These actions could include adapting livestock housing, slurry storage and precision slurry spreading. Planting shelterwoods around livestock buildings and slurry stores could also reduce the impact of ammonia emissions on ancient woodlands. Further details can be found on our Sustainable Farming Scheme webpages.

Our strategy, the Clean Air Plan for Wales, sets out actions to improve air quality and reduce the impacts of air pollution. The Environment (Air Quality and Soundscapes) (Wales) Act 2024 builds on our commitments in this strategy to tackle air pollution. The Act includes a framework for setting national air quality targets giving Ministers powers and duties to make regulations for this purpose. The national air quality targets will provide a strong mechanism to deliver long-term ambitions for clean air. This will benefit our communities and the environment. 

Our Ministers must also promote awareness of 

• the risks to human health and the natural environment caused by air pollution, and
• ways of reducing or limiting air pollution.

We will work with partners and stakeholders to develop initiatives and put them in place.

Woodland management support 

Broadleaved woodland supports more threatened and vulnerable species than any other habitat. But most of our woodlands are in intermediate ecological condition. Only 9% of native woodlands are in favourable condition. Appropriate management will improve their condition and increase their resilience to pressures such as climate change. 

An updated scheme outline for the SFS universal layer was published on 25 November 2024. We are using this to update our economic analysis and impact assessment which we will use to guide our final decisions on the scheme. We expect to launch the scheme in 2026. 

Our proposals for the Sustainable Farming Scheme (SFS) include Universal Actions for farmers to:

• maintain existing tree cover; limit tree felling to a closed period
• identify opportunities for increasing tree and hedgerow cover to deliver multiple benefits

Proposed Optional Actions are aimed to provide farmers with support to manage existing woodlands including ancient woodlands. Our aspiration is that SFS will support appropriate woodland management to increase the condition and resilience of ancient woodlands. Our Woodland Creation Scheme provides support to plant buffers providing protection against farm chemicals and connect ancient woodland habitats. These measures can help manage our ancient woodlands and increase their resilience.

The aims of the National Forest for Wales Programme include the restoration and protection of ancient woodlands. It has provided opportunities for better management and restoration of ancient woodland sites through: 

• the Woodland Investment Grant (TWIG), and
• National Forest Status Scheme

An increasing number of privately owned ancient woodlands have achieved National Forest Status. TWIG has funded the creation of new woodland and improvements to existing woodlands, including ancient woodland. 

We are working closely with the Mawddach Project which is part of the Eryri Rainforest Partnership. We will learn from working within this temperate rainforest area and test a land catchment approach to management. We will support the proposed outcomes of the project which mirror the National Forest outcomes. Our involvement will help us consider how this approach could be applied to other similar areas. 

The Woodland Restoration Scheme provides payments to woodland owners to replant sites cleared of larch due to Phytopthora ramorum disease. This includes Plantations on Ancient Woodland Sites (PAWS) where they have been affected. These payments ensure such sites remain under woodland cover and encourages the gradual restoration of PAWS to ancient woodland.

We also provide support through our Nature Network Programme to improve the condition and connectivity of ancient woodlands. This support is for woodlands that support or are part of our protected sites network.

A total of £19.8 million is available in 2025-26 for measures that can provide support to improve the condition and resilience of woodlands including ancient woodland. This includes funding for woodland planting which can provide protective buffers and connectivity for ancient woodlands, and support through the National Forest for Wales Programme and Nature Network Fund as appropriate. Further detail for each measure will be announced individually. 

The National Forest Inventory is a compilation of data on the forests and woodlands of Britain. We have commissioned Forest Research to use this and other data to develop revised indicators for our Woodland for Wales strategy. These will include: 

• updated figures of the extent of ancient woodland types
• data on veteran and ancient trees, alongside designated areas of woodland
• data on the extent of ancient woodland under management

This work will provide a baseline to monitor the impact of different measures to protect ancient woodlands.

Annex 1 sets out the activities and outputs of each measure and how they increase protection for ancient woodlands.