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United Kingdom
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Native Trees meaning
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What does Native Trees mean?
In practice, Native Trees are tree species that colonised naturally after the last ice age and are indigenous to the relevant area, rather than introduced by people. The expression is used across environmental, forestry and planning law in the UK and Ireland and is not fixed by a single statute; decision-makers usually rely on authoritative native-species lists.
For England, Wales and Scotland, practitioners commonly refer to Forest Research (the research agency of the Forestry Commission) publications, such as “Native trees and shrubs of Britain and Ireland”, when identifying species native to Great Britain. In Northern Ireland, the same sources are used with regional guidance issued by DAERA. In Ireland, native status is typically taken from lists recognised by the National Parks and Wildlife Service and the Department of Agriculture, Food and the Marine (including Native Woodland Scheme species lists).
Native status is often material to woodland creation and restoration grants, biodiversity and habitat management (including biodiversity net gain and Appropriate Assessment), felling licences and restocking, protected sites and hedgerow rules, and the drafting or interpretation of planning conditions and tree preservation order (TPO) exemptions.
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View the related News about Native Trees
NEWS
POCA confiscation applied in Forestry Act prosecution: Swansea Crown Court orders payment after large-scale unlicensed felling in Wales
Jeff Lane, 73, was found guilty at Swansea Magistrates’ Court in April 2022 of two offences linked to the unlicensed felling of around 2,000 trees across more than eight hectares (20 acres) of native and wet woodland within the Gower Area of Outstanding Natural Beauty near Swansea — a priority habitat owing to its ecological importance. The felling occurred between April 2019 and September 2020. Mr Lane’s appeal was unsuccessful, and he was again convicted at Swansea Crown Court in November 2022. The offences Mr Lane was convicted of were: Offence under section 17(1) of the Forestry Act 1967 (FA 1967) for felling a tree without the authority of a felling licence from Natural Resources Wales (NRW), the relevant forestry authority in Wales. A felling licence was required under FA 1967, s 9(1), as none of the limited exceptions in ss 9(2), 9(3) or 9(4) applied. Offence under FA 1967, s 24(4) for failing, without reasonable excuse, to take steps to comply with the ‘restocking...
18 July
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View the related Practice Notes about Native Trees
PRACTICE NOTES
Scottish habitats, wildlife and landscape constraints on development: protected sites and species, INNS, trees, water/marine works, and licensing under NPF4 and post-Brexit regimes for developers and landowners
STOP PRESS: The Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026, anticipated to commence on 25 May 2026, set out a tailored regime of compensatory measures for relevant offshore wind activity, revising the Conservation (Natural Habitats, &c.) Regulations 1994 and the Conservation of Habitats and Species Regulations 2017. Notably, the standard compensatory provisions are switched off for relevant offshore wind projects and substituted with fresh obligations tied to enhancements for the UK MPA network. This Practice Note will shortly be revised to capture these updates. The Practice Note reviews controls and regulatory considerations safeguarding wildlife, habitats and landscapes in Scotland, and how these may affect and influence developers and landowners. It surveys the legal and regulatory framework for protected sites, including special areas of conservation (SACs), special protection areas (SPAs), sites of special scientific interest (SSSIs), Ramsar sites, marine protected areas (MPAs), national scenic areas (NSAs) and wild land areas (WLAs). It outlines which species, plants, hedgerows and trees are protected, and those categorised...
21 May
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