Forestry and being neighbourly

Tree at my window, window tree,

My sash is lowered when night comes on;

But let there never be curtain drawn

Between you and me.

“Tree At My Window” – Robert Frost

Like Robert Frost, most readers won’t have a problem with a tree close to their window, providing it’s their own tree and a species of their choice. However, a forest close to a window is a different matter, so it’s not unusual to receive queries from farmers and other landowners expressing concern about forestry development in neighbouring land close to their own dwellings and outbuildings. So what are the rights of the landowner who wishes to plant and the neighbour who is living close to the proposed new forest?

Planning

The most recent query was from a landowner who believed that 7ha of land adjoining his holding were proposed for planting. The majority of new forests in Ireland fall into the 7ha to 10ha area category so won’t require planning permission. However, adjoining property owners need to be consulted and can object if there are genuine grounds or ask for certain conditions to be implemented.

The Forest Service Forestry Standards and Procedures Manual sets out the conditions to be observed when the Department receives an afforestation application. A public notice of the application will be placed on the Department of Agriculture’s website which shows the:

The manual states: “Applications which require the submission of an environmental impact statement (EIS) to enable the Department to undertake an environmental impact assessment (EIA) may also have notices of the application, the EIS, and any significant additional information submitted, placed in one or more local newspapers.”

Submissions are taken by the Forest Service within four weeks from members of the public, including non-governmental organisations promoting environmental protection.

“When the Forest Service makes a decision on an application, any person or organisation that made a submission will be notified of the decision and the application is held for a further 21 days during which time the person or organisation who made the submission can appeal the decision,” the manual states.

“If the proposed development is greater than 25ha, the application is automatically referred to the relevant local authority for their observations. Sites below this threshold may also be referred to local authorities depending on their location and landscape sensitivity. Sites may also be referred on a case-by-case basis where other potential issues are identified, for example water abstraction points.”

In areas over 50ha, a mandatory EIA is required in accordance with the European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989).

Setback from buildings

So adjoining landowners and others can make their observations or objections known to the Forest Service within the above timescale. However, in the case of a forest which runs up to dwellings and outbuildings, the onus is on the owner of the proposed forest to contact his or her neighbour outlining details of the new forest project.

The owner of the relevant buildings has a right to insist on a setback (unplanted) distance from dwelling houses and buildings of up to 60m. If the agreed distance is 30m, the owner of the buildings has to provide written consent before grant approval is provided by the Forest Service.

“Setback distance is most critical when a building is surrounded by a forest on two sides or more,” the manual states. “Where adjoining dwelling houses, including the cartilage [land immediately surrounding buildings], are 0.2ha or less, planting should be kept back 30m from the property boundary.”

Consultation is important from the beginning between both parties. “Forest developers should liaise with the owners of neighbouring properties, to resolve in advance any potential concerns,” the Department manual advises. “In particular situations where the Forest Service considers that the proposed development would have a significant effect on a neighbouring dwelling, eg by creating a sense of enclosure or isolation or by blocking significant light or an important view, it may specify local consultation and proof of same, as a specific requirement at pre-approval stage.”

The best advice for both parties is to discuss the afforestation proposal, especially in relation to tree species, well in advance of planting. A commonsense approach with flexibility may be better than insisting on specific setback requirements. For example, a minimal setback including a well-landscaped area of slow-growing broadleaves could prove a better solution than a 60m setback with a line of conifers behind the unplanted area. This approach could even enhance the value of the adjacent buildings. Carefully planned broadleaves can add colour and landscape values, as well as providing a visually attractive backdrop to buildings and dwellings.

Other setback distances

In the case of public roads, a condition of grant aid is a setback strip of 10m for broadleaves and 20m for conifers, measured to the surfaced edge of the public road.

The Forest Service manual states that in conifer plantations, the strip 10m to 20m from the road should be planted with broadleaves or groups of broadleaves, and not left unplanted. Avoid planting in straight lines and create an undulating natural forest edge.

In rights of way, the parties who have access other than the forest owner can insist on setback which varies but is normally no more than a corridor of 5m or as set out in the folio document.

In other features, the Department manual provides a range of setbacks including group water schemes (15m) and railway lines (20m). Buffer zones, biodiverse planting and unplanted areas apply to watercourses, hedgerows and archaeological sites.

So if you believe an afforestation project is planned for your area, contact the Forest Service, Department of Agriculture Food and the Marine website where all planting proposals are advertised. In addition to the consultation website you can call Johnstown Castle, Co Wexford, on 053-916 3400 for a list of proposed planting sites.

The Forest Service has plans to introduce a mandatory requirement that site notices be erected on proposed planting sites, which are clearly visible to the public. This condition is due this year when the Forestry Act 2014 commences.