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Nov 4, 2022 · Natural colonisation is the process by which trees naturally seed into surrounding open habitat, gradually turning into new woodland. Seeds can be scattered by the wind, birds, or by mammals.
- Definition of trees and woodland
This page outlines the Forestry Commission’s interpretation...
- Definition of trees and woodland
Oct 19, 2023 · It is made up of the crowns, or tops, of trees. An open canopy allows full sunlight to enter the woodland, limiting shade and moisture. Woodlands are often transition zones between different ecosystems, such as grasslands, true forests, and deserts. Woodlands that lead to grasslands are sparse.
- Applies to England
- 1. Purpose
- 2. Background
- 3. What is a tree?
- 4. What is woodland?
- 5. Woodland management scenarios and our advice
- 6. Source definitions
- 7. Who should I contact?
This page outlines the Forestry Commission’s interpretation of the words “tree” and “woodland”. These are important words to understand to help explain our approach to:
•what tree felling activities engage the felling licence regime under the Forestry Act 1967 (“the Act”) and are therefore subject to the requirement for a felling licence issued by us
•what constitutes afforestation, deforestation and other forestry related works for the purposes of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 (“the Forestry EIA Regulations”), under which we are the appropriate forestry body in England for making decisions
We have considered a range of definitions and interpretations from different sources in this page, including other UK legislation, European regulation, case law in the English courts, and authoritative forestry publications.
The interpretation we adopt in this document does not undermine any of the definitions adopted elsewhere. Indeed, we refer to many of these sources in this document. Our interpretation of “tree” and “woodland” is intended to apply only to the Forestry EIA Regulations and the Act.
This document is not intended to apply to any other regimes, schemes or regulations. This includes other Forestry Commission administered regulations and grant schemes, planning and development regimes and legislation, or anything else.
Case law exists on the definition of a tree outside of the Act[footnote 1].
There is not a statutory definition of “trees” or “woodland” (or “forest”) in either the Act or the Forestry Environmental Impact Assessment (EIA) Regulations. However, both legal regimes rely on an understanding of what trees and woodland are.
3.1 Interpretation
In England, growing trees are subject to felling controls under the Act. It is an offence to fell growing trees without a felling licence where one is needed. We consider the term “growing” to be synonymous with the word “living”. Ancient and veteran trees, for example, while not technically in the “growth” phase of their life cycles, are still living organisms providing distinct ecological and cultural functions. At its most basic biological function, “growth” can simply imply cell division. So long as new cell division is taking place, new leaves may flush in spring, new shoots may develop, new cuts may heal and new flowers and / or seeds may grow. We take these as a non-exhaustive list of indicators of a “growing” tree. A tree does not need to be healthy to be growing. The word “growing” does not imply the creation of additional usable timber to the main stem of the tree. Under the Tree Preservation Order legislation, the courts have considered the definition of a “tree” (see Section 6.1). But the Act does not define what a tree is in relation to felling licences. Other legislation defines “hedgerow trees” and “trees outside woodland”. But these are not directly applicable to the term “tree” used in the Act[footnote 3]. We have considered this statute and case law (see Section 6.1), and will typically apply the following interpretation: To be considered a tree, the plant must have at least one woody stem and be expected to achieve a height of at least 5 metres. If an individual specimen has not reached 5m in its present location, but the plant species typically meets this definition, we will still consider it a tree. Reasons for not reaching 5m might include: young age site management suppression due to difficult growing conditions Difficult growing conditions might include: wind-swept or exposed locations (cliff tops, dunes, or uplands) sites with an elevated water table (for example, with waterlogging issues) sites under significant grazing pressure If a plant species meets this definition and is not an “exempt” species (see Section 3.2), we will likely consider it a tree. So, unless an exemption applies, you will need a felling licence to fell (cut down, coppice, or destroy) it. Our interpretation of a “tree” applies to all trees, including woodland trees, hedgerow trees and trees outside woodland. For further information on the current tree felling controls, see Tree Felling: Getting Permission.
3.2 Non-tree species exemption
There are some plant species that may exhibit tree like qualities in certain growing conditions, but which we do not consider to be trees, even if they meet the interpretation above. You do not need a felling licence to cut down the following species: gorse (Ulex europeaus) rhododendron (Rhododendron spp.) sea buckthorn (Hippophae rhamnoides) laurel (all members of the Lauraceae family) cherry laurel (Prunus laurocerasus) miscanthus (Miscanthus spp.) osier (Salix viminalis)
4.1 Interpretation
Many definitions of the term “woodland” exist (see Section 6.3). Broadly, these definitions discuss: minimum area minimum or average width (potential) canopy cover tree height minimum tree stocking density proportion and composition of open space We will typically apply the following interpretation. To be considered “woodland”, the site must meet all the following: a minimum area of 0.5ha a minimum width of 20m a potential tree canopy cover of at least 20% a canopy consisting of specimens that meet the definition of trees (see Section 3) We will consider all land types and / or uses, including for example wood pasture and parkland, as “woodland” where it meets this definition and is considered permanent. However, we recognise that the management required in these habitats is likely to be significantly different.
4.2 Canopy cover
“Canopy cover” is the area covered by the branches and leaves of a tree when viewed from above. A typical woodland provides anywhere between 20% and 100% canopy cover. To meet our interpretation of “woodland”, trees must provide, or have the potential to provide (for example, in the scenario of a newly planted woodland) at least 20% canopy cover. To achieve a minimum of 20% canopy cover, there will normally need to be a stocking density of 100 stems per hectare, evenly spaced. This figure may change depending on species composition, but we take 100 stems per hectare as a starting presumption. Cricket bat willow, for example, can be expected to achieve 20% canopy cover when planted at 100 stems per hectare (for example, in a grid pattern 10m by 10m apart). Other species, however, will achieve 20% canopy cover at a lower, or higher, planting density. See Section 5: Woodland management scenarios and our advice on canopy cover in relation to tree density in woodland settings. If you are unsure whether the trees on your land will achieve 20% canopy cover, contact your local Forestry Commission Woodland Officer. They will be able to advise you if we consider the site woodland or not. You can find a full list of the Forestry Commission’s Woodland Officers and Area Teams at Office access and opening times.
4.3 Forest and woodland inventories
Woodland inventories help confirm the presence and extent of woodland and the long-term presence of woodland cover. We use them as a guide, in conjunction with other evidence such as the Priority Habitats inventory, to help decide if a site should be considered woodland for regulatory purposes.[footnote 4] These include: 1). The National Forest Inventory (NFI) records size, distribution, composition and condition of our current forest and woodland cover. It contains several sub-divisions. These include the woodland category and the “assumed woodland” category, which can be used to identify newly planted woodland with the potential to achieve 20% canopy cover. It is maintained by Forest Research. 2). The Ancient Woodland Inventory (AWI) records the presence of ancient woodland, ancient wood pasture and parkland. It is maintained by Natural England. Both inventories have established methodologies for reviewing and determining if land is best described as woodland[footnote 5]. However, these inventories do not provide definitive proof of the presence of woodland, or an absence of woodland, on the site at any given time. Because of the natural cycles and / or management cycles that occur in woodland, an area might appear as woodland on an inventory where it is not currently covered by trees. Some areas will not have trees on them for short periods of time. Felling and / or restocking activity may have recently taken place. There may be ‘scrubby vegetation’, where low woody growth dominates a likely woodland site (for example, a young broadleaf woodland). Tree cover may have historically been at a higher level than it is today. Similarly, land which was not previously woodland may have developed into woodland through natural or human processes. Additionally, there is a delay between changes on the ground due to natural or human-initiated processes, and what is reflected in the latest iteration of an inventory. There may also be exceptions. An inventory might show a site as woodland where we would not consider it as such. So, we use inventories as a guide. They offer a useful starting presumption that woodland exists (or does not exist) on a given site. We will presume land listed as woodland on an inventory is woodland unless there is sufficient evidence to the contrary. The interpretations we adopt are not intended to undermine or erode the definitions adopted in inventories in any way. We also use satellite and aerial imagery to help decide whether the land is woodland. This imagery is particularly helpful as it offers both a recent view of the landscape from above and a series of historic views over time for comparison.
5.1 Agroforestry and woodland cover
Agroforestry is becoming a popular option for landowners. Here are some examples of agroforestry projects and whether we consider them woodland or not. A stand of mixed conifer and broadleaf trees. Here we see groups of trees totalling at least 0.5ha in area, with a width greater than 20m. The trees have reached 5m in height. The stand has achieved more than 20% canopy cover. This is woodland, even if it is grazed or used for food production.
5.2 Silvo-arable
Two rows of trees running parallel across an arable field with a tractor driving between them. In silvo-arable systems, trees are planted across the site in rows. This creates cropping alleys. While high numbers of trees may be planted, it is unlikely that they will achieve 20% canopy cover on the site. The rows of trees are narrow, spaced widely apart, and thus unlikely to reach a minimum width of 20m. This is not considered woodland.
5.3 Shelterbelts: pastoral and arable
A field containing livestock with several rows of trees on one side. An arable field with several rows of trees on one side. Shelterbelts on arable or pastoral land that are at least 20m in width are likely to meet our interpretation of woodland. This is because they are typically sufficient in size, width (at the narrowest point) and planting density to meet our criteria. However, “belts” made up of a single row of trees are unlikely to be interpreted as woodland.
6.1 Case law: trees
Under the Tree Preservation Order legislation, the courts have considered the definition of a “tree”. In Bullock v Secretary of State for the Environment and another [1980] 1 EGLR 140 at 142 the High Court ruled that: Bushes and scrub nobody I suppose would call “trees,” nor indeed shrubs, but it seems to me that anything which ordinarily one would call a tree is a “tree and that what grows in a coppice generally speaking would be trees[footnote 17] More recently, in Distinctive Properties (Ascot) Limited v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1250 at paragraph 42, the Court of Appeal held that: …I am not at all sure that this court is required to make a definitive pronouncement as to whether a seedling is a tree. It is not in dispute that a seed is not but that a sapling is… …I would accept the approach adopted by Cranston J in Palm Developments, namely that a tree is to be so regarded at all stages of its life, subject to the exclusion of a mere seed. A seedling would therefore fall within the statutory term, certainly once it was capable of being identified as of a species which normally takes the form of a tree… …If the “plant” is of a tree species, I can see no reason why it should be excluded from the meaning of the word “tree”…[footnote 18] While the Forestry Commission acknowledges that this case law does not set legal precedent in relation to the Act or the Forestry EIA Regulations, it has been considered alongside other sources in forming the interpretations set out in this document. The Oxford English Dictionary definition of a tree is: A woody perennial plant consisting of a trunk and branches, that can grow to a considerable height.[footnote 19] We have considered these sources of authority and sought to apply them in a practical manner in our own interpretation set out in Section 3.1.
6.2 National Forest Inventory: A starting point
The National Forest Inventory (NFI) programme monitors woodland and trees in Great Britain. It includes the most in-depth survey carried out on Britain’s woodland and trees to date. It is a key tool for developing our policies and guidance around sustainable woodland management. The NFI meets international standards, which means we can use it for international comparisons of tree cover[footnote 20]. Furthermore, the NFI measures the status of the Forestry Commission’s statutory tree canopy cover targets[footnote 21]. The NFI describes a minimum area of 0.5 hectares and a minimum width of 20 metres in its definition. This is consistent with other definitions used in the UK (see Section 6.3). However, it does not consider tree height. Other definitions agree that tree stems should have the potential to reach 5m in normal growing conditions. As mentioned, we use the NFI as a guide. While it is a good starting point for understanding where woodland exists, it might not accurately reflect current land use. For further information on the NFI, see: National Forest Inventory - Forest Research
Sources of further advice
If you have any questions or would like to clarify whether we view your site as woodland, please get in touch. Find your local Forestry Commission Area Team visit Office access and opening times - Forestry Commission. For more information on the rules around tree felling, visit Tree felling: getting permission. For more information on the Forestry EIA Regulations, visit Environmental Impact Assessments for woodland. For more information on the UK Forestry Standard, visit The UK Forestry Standard. For more information on the National Forest Inventory, visit National Forest Inventory - Forest Research. For more information on the Ancient Woodland Inventory, visit Ancient Woodland (England) - data.gov.uk. For more information on the Priority Habitats Inventory, visit Priority Habitats Inventory (England) - data.gov.uk. For the Defra MAGIC map application, visit Magic Map Application (defra.gov.uk). For more information on the Open Habitats Policy, visit When to convert woods and forests to open habitat in England (March 2010). Bullock v Secretary of State for the Environment and another [1980] 1 EGLR 140; Distinctive Properties (Ascot) Limited v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1250. See Section 6 for further information on the case. ↩ These explanations are based on the legal definition of those terms in the Forestry EIA Regulations and Council Directive 85/337. ↩ As referred to in the Environmental Targets (Woodland and Trees Outside Woodland) (England) Regulations 2023. ↩ Priority Habitats Inventory (England) - data.gov.uk. ↩ Ancient Woodland Inventory handbook - NECR248 (naturalengland.org.uk). National Forest Inventory - Forest Research. ↩ Regulation 2, The Environmental Targets (Woodland Trees Outside Woodland) (England) Regulations 2023. ↩ NATIONAL FOREST INVENTORY WOODLAND ENGLAND 2015 - data.gov.uk. ↩ See the UK Forestry Standard, 4th ed., p. 88. The UK Forestry Standard. ↩ See the UK Forestry Standard, 4th ed., p. 24. The UK Forestry Standard. ↩ Publications Office (europa.eu). ↩ The Common Agricultural Policy Single Payment and Support Schemes Regulations 2010 (legislation.gov.uk). ↩ The Environmental Targets (Woodland and Trees Outside Woodland) (England) Regulations 2023 mark a distinction between ‘energy forestry’ and ‘woodland’. However, the Forestry EIA Regulations will still apply in energy crop and energy forestry contexts. This is because the Forestry EIA Regulations are designed to protect against environmental harm, as well as govern the creation or removal of woodland. The growth (and removal) of root systems from energy crops will have just as much an environmental impact as other kinds of forestry activity. ↩ See the UK Forestry Standard, 4th ed., p. 24. The UK Forestry Standard. ↩ Section 41, Natural Environment and Rural Communities Act 2006. ↩ When to convert woods and forests to open habitat in England (March 2010). ↩ The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006 (legislation.gov.uk). ↩ Bullock v Secretary of State for the Environment and another [1980] 1 EGLR 140 at 142. ↩ Distinctive Properties (Ascot) Limited v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1250. ↩ Paperback Oxford English Dictionary, Edited by Maurice Waite, Seventh Edition published 2012, Oxford University Press, ISBN 978-0-19-964094-2. ↩ About the NFI - Forest Research. ↩ England Trees Action Plan, p. 6. England Trees Action Plan 2021 to 2024. ↩ Minimum area mapped for dataset. ↩ At least 25% in Northern Ireland. ↩ Back to top
- 13% of the UK is woodland. In 2022, woodland covered 32,400 sq km of the UK; or 13% of the UK's land. Ancient woodland covers only 2.5% of the UK. Sadly, up to 70% of ancient woodlands in the UK have already been lost.
- Woodlands are fantastic carbon catchers. Around 4,000 million tonnes of carbon are stored in UK forests, 70% is in the soil.
- Oak trees generally live for 600 years. Oak trees may live for 1,000 years, although 600 years is more typical - an oak tree is classed as ancient once it reaches 400 years old.
- We need to protect our woodlands. Only 44% of the UK's woodland is managed sustainably.
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