Useful Data for Irish River Conservation / Water Quality

AIE

Clarification on Forest Road Upgrades. I see numerous applications / licences which include an Upgrade element which is considered as part of the application. However, I am also aware of other instances where Forest Road Upgrades have been carried out without any consent from the FS. Can you clarify the situation regarding what consent is required from the Forest Service for an Upgrade to an existing Forest Road?

Applications for Consent for the Construction of a Forest Road Entrances from a Public Road (other than a National Road) or the Material Widening of an Existing Entrance

FS Response:

I am writing to you with regard to your e-mails of 20^th April 2021 and 6^th May 2021 and wherein you sought clarifications from the Department of Agriculture, Food and the Marne (DAFM) on the following matters –

1)      As to whether there is a minimum length for a road construction project below which there is no need requirement to apply for a statutory consent and if so, what is the legal basis for any such exemption; and

2)      Given there are certain applications for licences made and licences granted by DAFM that involve both construction of a new a forest road combined with an upgrade to an existing forest road, when is a statutory consent required from DAFM for an upgrade to an existing forest road.

And upon which I have been charged with responding to you.

In respect of the first matter, in so far as an entirely new and physically separate road project and works ancillary to that project, meet with the definitions of a ‘forest road’ and ‘forest road works’ set out in Section 2 of the Forestry Act 2014, as amended, there is no minimum length below which a project does not need a statutory consent from DAFM.

However, in parallel with the introduction of the requirement to obtain a statutory consent from DAFM for forest road works in October 2010, i.e. under the European Communities (Forest Consent and Assessment) Regulations 2010 (S.I. No. 558 of 2010), acting on behalf of the Minister, DAFM developed and published administrative guidance for concerned parties as regards certain minor ‘forest road’ activities that were considered not to fall within the scope of those Regulations (which defined a ‘forest road’ and ‘forest road works’ in the same terms as the 2014 Act) and therefore, did  not require the prior approval of the Minister.

This administrative guidance was first published in the Forestry Schemes Manual (December 2011), and carried over and updated, through the Forestry Standards and Procedures Manual (January 2015), into the current Forestry Standards Manual (November 2015). In summary (and amending the legislative references to take account of changes in the interim), it says:

It is considered that the following activities do not fall within the scope of the Regulations and do not require the prior approval of the Minister:

1. The construction of forest roads (including works ancillary to such construction) where the works commenced before 14th October 2010;
2. The upgrade or repair to existing roads and works ancillary to such upgrade or repair;
3. The construction of tracks and paths less than 2.9 metres wide to facilitate forest management and other forest activities (but not including new forest roads constructed to a standard which would allow the haulage of timber by trucks);
4. The construction of stacking areas, turntables, lay-bys and culverts [subject to the restrictions below];
5. Tree felling to facilitate or enable road works [subject to such felling complying with any requirements under the Forestry Act 2014];
6. The construction of roads for reasons other than to serve a forest (e.g. to serve a wind farm);
7. The extension of an existing forest road by up to one-third of its length, provided any such extension does not exceed 90 metres in length, but excluding any extension that would be situated within a NHA, pNHA, SAC or SPA, or is within 100 metres of:

0. A Registered Historic Monument or Archaeological Area under Section 5 of the National Monuments (Amendment) Act 1987;
1. A Recorded Monument under Section 12 of the National Monuments (Amendment) Act 1994;
2. A National Monument in State or Local Authority ownership or guardianship or with a Preservation Order under the National Monuments Acts 1930-2004.

Note: The construction of stacking areas, turntables, lay-bys and culverts will require approval if undertaken as part of the construction of a new forest road and are ancillary to such construction, or if situated in a NHA, pNHA, SAC or SPA, or if within 100 metres of:

0. A Registered Historic Monument or Archaeological Area under Section 5 of the National Monuments (Amendment) Act 1987;
1. A Recorded Monument under Section 12 of the National Monuments (Amendment) Act 1994;
2. A National Monument in State or Local Authority ownership or guardianship or with a Preservation Order under the National Monuments Acts 1930-2014.

This administrative guidance as to which forest road activities are considered not to fall within the scope of the definitions of ‘forest road’ and ‘forest road works’  mirrors the provisions in the planning code whereby small projects or ancillary works by reason of their nature, limited effects, and the surroundings in which they take place and subject to prescribed thresholds are deemed not to offend against the principles of proper planning and sustainable development or pose a risk of a significant effects on the environment and thus are classed as ‘exempted development’ not requiring planning permission.

In respect of the second matter, save where an upgrade of an existing forest road is being undertaken as works ancillary to the construction of a new forest road for which a statutory consent is required (and where those upgrade works may also be eligible for financial support under the Forest Roads Scheme), per the administrative guidance detailed above, there is no requirement for a statutory consent from DAFM for an upgrade in its own right.

Notwithstanding, and in so far as the upgrade works are not one of the other ‘forest road’ activities detailed above, where an upgrade would result in significant material change to an existing forest road (for example result in a significant alteration to its route or design or create new significant effects on the environment and in the latter case where these were not addressed by any condition attached to the original consent for the road or are addressable by best industry standards and practice for the repair and maintenance of existing road infrastructure) DAFM is of the view that such an upgrade would require a statutory consent.

I trust these detailed responses adequately address your queries.

Best regards,

Janet

Janet Farrell

Approvals, Forestry Division

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An Roinn Talmhaíochta, Bia agus Mara

Department of Agriculture, Food and the Marine

Eastát Chaisleán Bhaile Sheáin, Co. Loch Garman, Y35 PN52

Johnstown Castle Estate, Wexford, Y35 PN52

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T: 053 916 5577

www.agriculture.gov.ie