Saturday 5 February 2011

Seeing the wood for the trees

The nation is in uproar about our forests and woodlands being sold off.  If that was the case then I too would be pretty cross and campaigning and protesting.  However I've done some research, and it is long, but if you feel passionately about the subject please do read on.
One of our MPs has been sending the following out to people.  It certainly puts another side of the picture.

Thank you for contacting me about the issue of Forests.   This is an
important issue to me and it is crucial that we maintain our forests well.

I had a meeting with Caroline Spelman yesterday evening about this issue. 
I highlighted the concerns about access.  She made the point that whereas the previous
government had sold commercial forest land without ensuring public access, the current
government will change the law to make sure access is maintained and only lease out commercial forests.

The key debate and votes will be around the Public Bodies Bill which is the
Bill that would enable controls to be placed upon the handling of forests.

The previous government sold 25,000 acres of forest land.  It is important, however, that commerical developers do not get their hands on Heritage Forests.   Hence we will be stopping that idea completely.
There is also a debate on Wednesday.  This debate, however, will not have the force of law nor will it bind the government.  I have not yet decided which way I will vote on Wednesday, but it is important to remember that this is not the key vote.  The key vote will be in the public bodies bill.
In Acocks Green there is Westley Value Millenium Green.  This is leased to a local group who run it for the community.  I think this scheme works well.
The government's proposals for the heritage forests are similar to this.

I have also been sent a briefing from the government which I copy below for
your information.


HOUSE of Commons, London, SW1 0AA


To: All Coalition MPs

Dear Colleague
27th January, 2011.


Consultation on new models of ownership or management for the Public Forest Estate

Today we have published a consultation paper on the options for ownership or
management of the publicly owned forest estate.  The consultation itself can
be found at
www.defra.gov.uk/corporate/consult/forests/index.htm and I
would urge you to read it fully, but in the meantime I thought it would be useful
to summarise the key points in it.

The consultation has been shaped by these over-riding principles:

  a.. To protect and enhance biodiversity
  b.. To maintain public access for recreation and leisure;
  c.. To ensure the continuing role of the woodlands in climate change
mitigation
  d.. To protect nationally important landscapes.


In considering new models of management or ownership, the consultation makes
clear that there is no one-size-fits-all model and any changes will take place in a gradual and considered way such that safeguards and protections can be secured.


The types of woodland held by the State, in the form of the Forestry
Commission, generally fall into the following categories; heritage forests,
small scale local woodlands and large commercially valuable forests.


Summarised below is the approach on which we are consulting for each
category.


Heritage Forests (eg. Forest of Dean, New Forest)
Protecting the public benefits and biodiversity of these forests is of
paramount importance and for these types of forests we are consulting on new
or existing charitable organisations taking on ownership or management of
them.  There will be no sale of Heritage Forests to the commercial or
private sector – and we will bring forward an amendment to the Public Bodies
Bill to give this the force of law.


Smaller scale, local areas of woodland
These types of woodland are extremely valuable in terms of the recreation
and environmental benefits they offer.  Accordingly we will offer first
refusal to community bodies or civil society organisations and give them
preferred status in taking over these sites.  If no such organisation wishes
to take over these sites, we would consider leasing these sites on the open
market, subject to access and environmental safeguards being imposed so
that local people can continue to enjoy them.


Commercial Forests
These forests are primarily, but not solely, used for commercial timber
production.  However, we recognise there are other important considerations
such as their environmental significance and amenity value.  Managing
timber production is not something that needs to be done by the State, so we
propose leasing these sites on the open market, but this will be on a long
lease basis so that conditions for continued public access and other public
benefits can be maintained.


It is understood that in some cases individual sites will be a mix of these
and in recognition of that each woodland would be dealt with on a case by
case basis to see which options are best suited to particular sites.
Clearly local people will have a strong view as to what category woodland
near them falls into, and as you would expect they will have an opportunity
to get involved.


I would also reinforce the point that any land transferred to a new model of
ownership or management will be subject to strict legal controls which are
already in place, including country rights of way protection, planning
restrictions, wildlife conservation laws and felling license requirements
etc.


We have also looked at the 25,000 acre programme of sales that we inherited
from the previous administration and are going to offer greater protections
than before.  Unlike sales that took place previously, we have taken the
decision to prevent the sale of any site in which more than 10% is Planted
Ancient Woodlands (PAWs).  This is important because it is part of a series
of measures we are proposing to recover and regenerate as many PAWs as
possible, other possible measures include using leasehold conditions to
insist on PAWs being replanted, and separating PAW sites from larger
woodland units so that they can be offered to preferred custodians such as
charities like the Woodland Trust.

I believe the proposals in this consultation are an exciting opportunity to
improve the levels of public benefit and environmental protection we give
to our woodlands.  It is consistent with the Government’s Big Society approach
of devolving power from central government down to civil society, and it
puts our forests on a more environmentally and financially sustainable
footing.


As you will be aware, the means by which we can consider transferring
ownership or management of publicly owned forestry would be through the
Public Bodies Bill.  There has been a considerable measure of concern that
the powers in the Bill would permit future administrations to dispose of our
heritage woodlands in a way that does not safeguard access and benefits.  In
order to rule this out, in perpetuity, we are going to bring forward amendments to the Public Bodies Bill which will exempt our heritage forests from commercial sale.


One of the principal reasons the Forestry Commission is unable to remain
unreformed is that in its current position it is both the regulator of the
English timber sector yet also the biggest player in that market.  Given the
importance this Government has attached to transparency and accountability,
it is clearly important that these functions are separated.


Safeguarding access rights, public benefits and environmental protections is
paramount and this consultation not only conserves existing measures, it considerably improves them.


In summary, we are protecting our forests by:

·         Enshrining in law the commitment that no Heritage Forests can be
sold to the private sector.

·         Offering first refusal to community groups or civil society
organisations in sales of local woodland.

·         Guaranteeing access and benefits in any sales of commercial
forests by only selling land on a leasehold basis.

·         Preventing the sale of any site in which more than 10% is Planted
Ancient Woodlands (PAWs).


If you would like any further information please do not hesitate to get in
touch with me or my colleague Jim Paice.


Yours ever


Rt Hon Caroline Spelman MP
Secretary of State for Environment, Food and Rural Affairs

Useful points to be aware of:
-       Only 18% of England’s woodlands is managed by the Forestry
Commission, the remainder being owned by various types of organisation (eg
Crown Estate, charities like National Trust, farmers, local authorities)
-       Between 1997 and 2010 there were over 25,000 acres sold with
significantly less access and benefit protections than would be the case
under the options considered in this consultation.
-       Reform of the public forestry estate has been under consideration
for some time under the previous Government, with the 2009 ‘Operational
Efficiency Programme’ detailing “alternatives to public ownership” and “new
commercial opportunities” for the estate.
-       The National Trust is a successful example of where preservation,
access and public benefit of nationally important assets have been
delivered
through a model which is not reliant on state-ownership.
-       The Public Forestry Estate has operated at a net cost of over £10m
each year, with the net cost growing each year since 2007.


Forestry Commission

·         This is an exciting opportunity to improve the levels of public
benefit from our woodlands. Our reforms will devolve management and
ownership of our forests from central government to civil society whilst
safeguarding the access rights and environmental protections that we all
value. It will put our forests on a more environmentally and financially
sustainable footing so that we can work towards increasing the quality as
well as quantity of woodland in England.

·         Labour sold off 25,000 acres of woodland with a bare minimum of
protection. By contrast, we are putting secure safeguards in place to
protect public access, the natural environment and the interests of local
communities in any future sales.

Issue

·         The Public Bodies Bill, published on 29 October 2010, contains
provisions to enable the Government to reform the Forestry Commission,
including the potential for transferring ownership of parts of the Public
Forest Estate to the voluntary or private sectors. The Forestry Commission
manages approximately 620,000 acres of land on behalf of the government,
amounting to 18 per cent of England’s total woodland.

·         The Department for the Environment, Food and Rural Affairs
conducted a public consultation on the future of the Forestry Commission
and
the forests it manages. One of the reasons for this is the conflict between
the Forestry Commission’s roles as both the market regulator and the
market’s
largest supplier. The consultation was published on 26 January 2011.

·         The ‘Save England’s Forests’ campaign, led by Rachel Johnson with
support from the Sunday Telegraph, is campaigning against any moves to
transfer ownership of forests. The newspaper has published a letter calling
on the government to retain public ownership of existing estate, signed by
celebrities including Dame Judi Dench, the Archbishop of Canterbury, Annie
Lennox, Dylan Jones, Ben Fogle and Ranulph Fiennes (Sunday Telegraph, 23
January 2010).

Our approach

·         Enhancing our woodland. We are changing rules governing the
Forestry Commission so that the voluntary and private sectors can take a
greater role in the management and ownership of the Public Forest Estate.
Where appropriate we want to transfer ownership to charities, communities
or
enterprises with innovative ideas to make best use of the nation’s
woodland.
This will give individuals, businesses, civil society organisations and
local authorities a much bigger role in protecting and enhancing our
forests
(Defra, Written Ministerial Statement, 27 January 2011).

·         Protecting the nation’s great forests. We are committed to
maintaining in full the public benefits of our Heritage Forests, which
include the Forest of Dean, New Forest, Sherwood Forest. Therefore, there
will be no sale of our Heritage Forests to the commercial or private
sector.
We are tabling an amendment to the Public Bodies Bill in order to enshrine
this principle in law (Defra, Written Ministerial Statement, 27 January
2011).

·         Protecting the interests of local communities. When areas of
woodland important to local communities are considered, we will give the
right of first refusal to community groups or civil society organisations.
This will ensure local communities are not bypassed where ownership of
woodland is transferred from the public estate. Leasehold conditions will
ensure access rights (Defra, Written Ministerial Statement, 27 January
2011).

·         Withdrawing the State from the management of timber production.
Many areas of woodland in the Public Forest Estate are used for timber
production. There is no reason why a public body should be closely involved
in timber production. We therefore propose selling these sites on the open
market. This will be on a leasehold basis of 150 years so that conditions
for continued public access and replanting can be guaranteed (Defra,
Written
Ministerial Statement, 27 January 2011).

·         Protecting public access. We will place safeguards on land
transferred from the public forest estate. The sale of woodland to
commercial investors will be conditional upon guaranteeing public access,
not least for local communities (Defra, Written Ministerial Statement, 27
January 2011).

·         Protecting the natural environment. We will prevent the sale of
any site where more than 10 per cent of land is classified as Planted
Ancient Woodlands (PAWs). In addition, any land sold to commercial
investors
will be sold on a leasehold basis of 150 years, ensuring conditions for
replantation can be guaranteed (Defra, Written Ministerial Statement, 27
January 2011).

·         Ensuring the independence of the regulator. The Forestry
Commission is both the regulator for forests and the manager, on behalf of
the government, of a huge proportion of the nation’s forests. By
transferring ownership from the public forest estate, the commission will
be
able to focus on its role as regulator (Defra, Written Ministerial
Statement, 27 January 2011).

·         Sale of 15 per cent of the estate confirmed. The Government will
initially transfer ownership of 15 per cent of the woodland managed by the
Forestry Commission, with net receipts to Defra totalling £74.5 million:
‘the Forestry Commission estimates selling 15 per cent of the public forest
estate over the spending review period, approximately 40,000 hectares. The
estimate of net receipts from sales, year on year, is £13 million/£18
million/£20.5 million/£23 million’ (Hansard, 2 December 2010, Col. 960W).

Political points to make

·         Labour sold off 25,000 acres of forest but failed to protect
access. Labour sold off 25,000 acres of forest with far less stringent
protections on public access than those we will introduce. We will ensure
woodland used by local communities continues to be available, that Heritage
Forests will not be sold to the private sector and that land transferred to
commercial investors is sold on the basis of a 150-year leasehold, with
conditions on public access and replantation (Defra, Written Ministerial
Statement, 27 January 2011).

·         Labour was looking at ‘new commercial opportunities’ for the
forest estate. The previous government included the Public Forest Estate in
its Operational Efficiency Programme (OEP). This considered ‘for a number
of
government assets, the potential for alternative business models,
commercialisations, new market opportunities and, where appropriate,
alternatives to public ownership.’ This included ‘considering how the
Public
Forest Estate in England can generate greater commercial benefit’ (HM
Treasury, Operational Efficiency Programme: final report, April 2009).

·         Labour explored more private sector investment in the forest
estate. The Labour government also conducted a study to ‘show how
individual
woods help deliver the Government’s objectives and contribute financially,
and where they offer new commercial opportunities.’ The document went on:
‘Public Forest Estate offers a potential opportunity for private sector
investors to generate long-term stable returns’ (HM Treasury, Operational
Efficiency Programme: Asset Portfolio, 7 December 2009).

·         Labour admitted the future of the estate had to be considered in
light of reduced public spending. The OEP admitted: ‘The scope of the
estate
is constrained by reduced public spending, and obligations to Government
policies which are increasing net operating costs’ (HM Treasury,
Operational
Efficiency Programme: Asset Portfolio, 7 December 2009).

·         Public Forest Estate consistently operating at a loss of over £10
million per year. The Forestry Commission’s corporate plan for 2009-2012
shows the following operating losses for the public forest estate: £14.8
million in 2007/08, £11.8 million in 2008/09, £11.9 million in 2009/10,
£12.4 million in 2010/11 and £13.3 million in 2011/12 (Forestry Commission
England, Corporate Plan 2009-2012,
http://www.forestry.gov.uk/pdf/eng-corporateplate-0912.pdf/$FILE/eng-corpor
ateplate-0912.pdf)

·         Income from the estate will only cover 71 per cent of expenditure
in 2010-11: ‘£49m or 71% of gross operating expenditure in 2010/11 is
expected to be covered by income from the estate including timber sales and
recreation’ (Forestry Commission, The Forestry Commission Estate in
England).

·         Charitable and private ownership of forests is not new. Nearly 70
per cent of England’s forests are already in private ownership and deliver
a
wide range of benefits. The Forestry Commission only manages 18 per cent of
England’s woodland (Defra, Letter to MPs, 29 October 2010).

·         Expert analysis commissioned by the Forestry Commission noted
ownership is not the only determinant of public benefit: ‘It is important
to
note that many of the products and services are also provided by woodlands
in other ownership. To a greater or lesser extent these benefits are
dependent on management practices, and any differences in values of the
products and services are the result of forest structure and management,
not
of ownership per se. Other landowners who manage for multiple objectives,
encourage access, and so on, will also create significant product and
service values’ (Economics for the Environment Consultancy, The Economic
Contribution of the Public Forest Estate in England, 11 January 2010).

The Labour line

Mary Creagh, Shadow Environment, Food and Rural Affairs Secretary: ‘We are
concerned developers will cherry pick the most profitable land and we will
see huge pressure for development in sensitive places. The environment is
going to pay a high price for its settlement in the recent spending
review.’

Our response: Labour don’t have a leg to stand on – they were selling off
our forests with hardly any protection for public access and were known to
be considering similar proposals themselves. By contrast, we will make sure
the current forest estate remains open for public use regardless of who
owns
it. Furthermore, the Forestry Commission will continue to regulate tree
felling and statutory protection for access and wildlife will remain.

Hostile questions

Q: Why have you decided to get rid of the forests?
We are not abolishing forests. We have looked at a range of new ownership
options that secure the best future for our woodlands. We will ensure
public
access and benefits and protect our wildlife heritage. The difference
between us and the previous Labour Government is that they sold off 25,000
acres of forest with hardly any protections.

Q: Are you abolishing the Forestry Commission?
The Forestry Commission is not being abolished. It will continue to play an
important role in protecting and improving the trees, woods and forests in
England. We are however correcting the anomaly of having a market’s
regulator also managing a huge proportion of the same market.

Q: Who will you sell woodland to?  Will you sell it all too large energy
companies?
Heritage forests will not be sold to private or commercial investors – this
principle will be enshrined in law. Local woodland may only be sold to
commercial investors if local communities and civil society organisations
do
not exercise their first right of refusal. Public access will be ensured in
such cases. Woodland used for commercial purposes may be sold to private
investors – but only on a 150-year leasehold basis, so that public access
and replantation are guaranteed.

Q: Why do we not need a national forest anymore?
The public forest estate was set up in 1919 in response to the need to
rebuild and maintain a strategic timber reserve. The exploitation of
woodland during the Second World War led to renewed efforts to rebuild
timber stocks, including the acquisition of many felled and derelict
woodlands in England. Now England’s forests and woodlands provide a wide
range of public benefits from outdoor recreation to acting as a carbon
sink.
But these benefits do not need to be provided through state ownership.
Nearly 70 per cent of England’s forests are already in private ownership
and
deliver a wide range of benefits. The Government wants to increase the
standards of all of England’s forests, whilst reducing its role as a major
land owner. That is what our proposals achieve.

NEW DRAFT 25 JANUARY 2010

Press Notice

New direction for England’s public forest estate
England’s best known historic forests will be protected for future
generations under proposals announced by Environment Secretary Caroline
Spelman today. The transfer of heritage forests such as the New Forest and
the Forest of Dean to charitable trusts will mean walkers, riders and
cyclists will still be able to enjoy them as they do at the moment.
The proposals are contained in a consultation document on the ownership and
management of the 18% of England’s woodland currently run by the Forestry
Commission.  The document lays out different approaches for different types
of woodlands.

The plans make clear that these woodlands will not simply be sold off to
the
highest bidder. Instead they recognise that no two woodlands are the same
and that no single ownership model is appropriate. The document suggests a
mixed approach that would deliver benefits for users and taxpayers, and
makes clear that public access and biodiversity will be protected.  The
government will bring forward amendments to the Public Bodies Bill to
ensure
the public benefits the forests provide are protected.

The key proposals in the consultation document are that:

·         Heritage and community forests which provide high public benefits
will be protected by inviting new or existing charitable organisations to
take on ownership or management.

·         There will be opportunities created for community and civil
society groups to buy or lease forests.

·         Commercially valuable forests will be leased to commercial
operators. Leasing rather than selling will allow the lease conditions to
ensure that the public benefits of these woodlands are preserved while
allowing the operators to maximise their commercial potential.

These changes of ownership will allow the Forestry Commission to focus on
its key roles of responding to outbreaks of tree pests and diseases,
regulating felling and setting standards for sustainable forest management.
The proposals would remedy the situation where the Commission is the
largest
commercial operator in the sector it also regulates.

The Government has already committed to taking 15% of the public forest
estate out of state control over the course of this parliament, generating
up to £100million of receipts. The consultation paper launched today
invites
views on a range of ownership and management options for the remaining 85%
of the estate.  This will be an open consultation and Government will
listen
to all responses before publishing its response in the summer.

Environment Secretary Caroline Spelman said:

“State control of forests dates back to the First World War, when needs
were
very different. There’s now no reason for the Government to be in the
business of timber production and forest management. It’s time for the
Government to step back and allow those who are most involved with
England’s
woodlands to play a much greater role in their future.

“We want to move from a ‘Big Government’ approach to a ‘Big Society’ one,
so
that we can give different groups – individuals, businesses and civil
society organisations – the opportunity to be involved in managing the
natural environment.  And we will make sure that public access is
maintained
and biodiversity protected.”

On amending the Public Bodies Bill, Mrs Spelman said:

“The government is absolutely committed to the ongoing provision and
protection of the public benefits provided by the public forest estate, and
the consultation shows how we intend to achieve this. We will bring forward
amendments to the Public Bodies Bill to create a strengthened framework to
safeguard the natural and social capital our forests provide now and for
future generations. This would apply to the powers of sale, lease and
management of the public forest estate. The consultation proposes that
conditions will be attached to leases so that access and other public
benefits are protected.”

The public forest estate makes up 18% of all woods and forests and 2% of
the
total land in England. The estate delivers a wide range of important public
benefits, which will be protected, such as supporting biodiversity, storing
carbon, supplying timber and energy and providing access to green space for
recreation and employment opportunities.  The Forestry Commission has long
bought and sold land but any woodland sold under the new proposals would
benefit from increased protection.

Pam Warhurst, Chair of the Forestry Commission, said:
"Ministers have set out a new vision for forestry in England that will
require a fundamental shift in our thinking and how we work. The proposals
provide an opportunity to think about forest ownership and sustainable land
management in a new way and to engage a wider cross-section of society. The
consultation will allow people to have their say and we encourage everyone
with an interest to give us their views."
The Forestry Commission will continue to provide expertise on a wide range
of tree-related matters, including tree health, the environmental role of
woodlands, the links with climate change mitigation and adaptation, and the
social and economic benefits of forestry.

Reform of the public forestry estate is expected to take place over the
next
decade with the Government’s overall policy approach to domestic forestry
being set out in the Natural Environment White Paper in spring 2011.
Notes to editors:
1.     The consultation will run from 27 January 2011 to 21 April 2011.
Details of the consultation can be found here:
www.defra.gov.uk/corporate/consult/forests/index.htm.

2.     The proposals set out in the consultation are designed to protect
public and environmental benefits:
a)    We will secure continuing good stewardship by requiring adherence to
internationally recognised standards of sustainable forest management as
part of any leasing arrangements. These standards cover in particular,
woodland design, conservation and enhancement of biodiversity and the
well-being of local communities and forestry workers;
b)    Statutory rights of way and dedications under the right to roam
legislation will remain in place. Where there is currently permissive
access, for example by bike and horse, we will seek to secure equivalent
rights as part of any transfer to new owners and managers;
c)    The Forestry Commission’s felling regime will remain in place,
alongside the presumption of replanting. Any change of use will be subject
to strict controls under the planning system. It is simply wrong to suggest
that our forests will be chopped down for housing development or conversion
into golf courses; and
d)    We will seek to agree the continuing restoration of plantations on
ancient woodland sites (PAWS) with any new owners and managers.


  3.. There are numerous safeguards in place which will ensure that public
benefits provided by our woods and forests are protected if they pass into
private ownership.  These safeguards include:

·         regulations governing felling and replanting;
·         protection for biodiversity through the Wildlife and Countryside
Act and Sites of Special Scientific Interest;
·         incentives to protect ancient woodland;
·         guarantees for public access – the majority of the freehold areas
of the public forestry estate are protected for access on foot by the
Countryside and Rights of Way Act;
·         protection of ancient monuments is overseen by English Heritage;
·         any proposals for development would be subject to the Town and
Country Planning process; and
·         Biosecurity - the Plant Health Act sets out a legal framework for
the control of pests and diseases of forest tress and timber.

  4.. The Forestry Commission has always bought and sold land to achieve
operational efficiency. In last ten years, they have sold 7,800ha and
acquired 5,400ha of woodland.

5.    Selling 15% of the public forest estate is part of Defra’s Spending
Review settlement and will help to contribute to tackling the deficit.  The
sites that will be sold will be woodlands where Forestry Commission
activity
adds the least in enhanced public benefit and do not contribute significant
revenue to the running of the estate.

6.    Any forest or wood for which a suitable offer cannot be achieved will
continue to be part of the publicly owned forest estate.

  7.. This consultation focuses on the public forest estate in England. The
woodland managed by the Forestry Commission in Wales and Scotland is the
responsibility of the Welsh Assembly Government and the Scottish Government
respectively and is not subject to this consultation.

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