Why a Scottish forest planned for idyllic beauty spot is set for court battle

A forest plantation planned for a national scenic area is set for a court battle over claims it could cause “landscape-scale destruction”.

A 700-hectare conifer forest is being planted around a countryside walkway named after one of Scotland’s most celebrated writers: John Buchan, author of The Thirty Nine Steps.

The plantation, which will predominantly be non-native Sitka spruce, is already being put in the ground at Stobo Hope, near Peebles. 

Campaigners have said there are signs where they believe a herbicide has been used in areas where there is dead vegetation and no green shoots at this time of year | Supplied

Campaign group Stobo Residents Action Group (SRAG), protesting against the development over concerns for the environment, lodged a petition for a judicial review of the planting, which has been given permission to proceed.

In the planning stage, NatureScot had said the plantation would have “significant and adverse effects” on what is a designated National Scenic Area.

Since the petition was lodged, Scottish Forestry has been accused for failing to regulate the use of “an indiscriminate, broad-spectrum herbicide” over “much of the western slopes of Stobo Hope”, including wetland habitats.

Herbicide can be used to cut back undergrowth to help young trees grow quicker.

SRAG said this is causing “a devastating effect on the fungal invertebrate populations, destroying the habitat and food supply for animals and birds.”

Campaigners and the RSPB have said the area is one of the most important lek sites - where grouse mate - in the south of Scotland.

Black Grouse have undergone a catastrophic decline in the Southern Uplands and are threatened with extinction. The population in southern Scotland is now vulnerable, with just over 200 lekking males recorded in 2021, and the population is isolated from birds to the north in Scotland and the South in England.

In planning documents for the plantation, Scottish Forestry claimed the proposed scheme was “not likely to cause a significant negative environmental effect to black grouse.”

A SRAG spokesperson, however, said: “Cover and nesting sites for black grouse have been destroyed, increasing predation pressure and the vulnerability of young grouse that rely on invertebrates. It is difficult to see how this ecological destruction can be compliant with current UK regulations for woodland creation and management.”

They added: “The Stobo Hope woodland creation scheme seems to be an example of continued landscape-scale destruction through the replacement of moorlands with commercial coniferous forest and drainage of wetlands.”

Scottish Forestry said due to ongoing judicial review proceedings, it would not be appropriate comment.

On herbicide use, a spokesperson for the government body said: “In general terms, very low levels of herbicides are used within forestry in the UK compared to other land uses.  Approved herbicides are typically used in woodland creation to help control competing vegetation and assist with the establishment of young trees.

“All herbicides for use in forestry must be approved by the Health & Safety Executive. It would be up to the land manager to ensure that they use an approved herbicide and in line with the method and application rate described on the product label. Scottish Forestry is not responsible for approving herbicide use.”

Scottish Forestry, the lead agency for forestry policy and regulation in Scotland, awarded the contract to the Forestry Carbon Sequestration Fund, managed by the Guernsey-based investment company True North. The scheme is said to be in support of tacking climate change.

Harry Humble, fund manager of the Forestry Carbon Sequestration Fund, said: “It is frustrating that this has come to court, after three years of public consultation, at what will be further cost for the taxpayer. The design of this scheme is both environmentally and ecologically sound.

 “We have gone through an extensive, diligent and responsible design and consultation process and I have every confidence that the judicial review will find Scottish Forestry acted in an exemplary fashion and in compliance with the Environmental Impact Assessment (“EIA”) Regulations.

“As a result of this rigorous process, more than a third (36%) of the site lying in the National Scenic Areas NSA has been retained as open landscape and Sitka Spruce planting has been carefully designed around sites of cultural and ecological features of interest, occupying no more than 46% of the total site area. 

“More than 130ha will be planted with native species, enhancing both natural and man-made features as well as creating valuable and robust native habitats to connect neighbouring glens and catchments.

 “More than 140ha of the scheme has been designed specifically to favour black grouse, with an enhanced mix of species and open space provision in line with best practice derived from decades of research.”

He added: “We held four public consultations but the individuals behind Stobo Residents Action Group Limited did not engage with the design stage of the forest in any way, only raising an objection at the last possible moment during the 28-day mandatory consultation period after Scottish Forestry gave their approval.”