Publication - FOI/EIR release

Scottish Forestry investigation of felling at Dalbuaick Plantation queries: EIR release

Published: 18 November 2025
Topic: Environment and climate change, Public sector
FOI reference: EIR/202500480448
Date received: 8 August 2025
Date responded: 4 September 2025

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Information requested

A) Confirmation that a formal Scottish Forestry investigation of felling at Dalbuaick Plantation took place in 2024.

B) Details of how and when the Scottish Forestry investigation was conducted.

C) Confirmation that the investigation was triggered by CNPA’s notification to Scottish Forestry of felling activity on the land. A CNPA email to Scottish Forestry communicated that CNPA knew of historic felling activity on the land, and communicated with Scottish Forestry about this, as a matter of documentary record. Felling was acknowledged formally by both parties. CNPA was concerned about whether the felling was legally compliant (regards licensing/remediation), noting the volume of timber produced.

D) The Scottish Forestry investigation confirmed sustained and lawful felling activity was taking place on the land throughout 2023 and 2024 seasons; consistent with Cairngorm Woodlands' statement about volumes and timings to Scottish Forestry.

E) A description of the scientific methods used to measure and assess felling and verify compliance.

F) 2 years' unlicensed felling activity on this land allows approximately 200 trees to be lawfully felled without a license (excluding dead trees, and/or trees too small to count). Confirmation is sought that the felling activity complied with these regulatory thresholds, requiring no license, despite the substantial volume recorded being close to the legal threshold.

G) Clarification of timber volumes recorded by Scottish Forestry; what record of felling was found by Scottish Forestry?

H) Confirmation that Scottish Forestry witnessed and recorded physical evidence of felling, seasoning, and firewood production, not in 1 location, but distributed across the land. We must prove that felling was observed across multiple locations on the land: not limited to the caravan (as claimed on the Planning Appeal).

J) Any additional factual information you can share about measured forestry activity or licensing on the land, relevant to this investigation. We can, of course, share the license, but the dispute predates the licensing.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

A) Confirmation that a formal Scottish Forestry investigation of felling at Dalbuaick Plantation took place in 2024.
Scottish Forestry investigated reports of potential unauthorised felling within Dalbuaick Plantation, Grid Ref: NH 918 239 during 2023 and 2024.

B) Details of how and when the Scottish Forestry investigation was conducted.
During 2023/2024 Scottish Forestry investigated the report of potential unauthorised felling in accordance with our staff procedures. This involved an initial desk based assessment in 2023 to determine whether the felling was exempt from requiring a Felling Permission or if any felling approvals were in place. Following a report of further tree felling activity within the woodland in 2024, a site visit was undertaken to determine the extent of felling taking place.

C) Confirmation that the investigation was triggered by CNPA’s notification to Scottish Forestry of felling activity on the land. A CNPA email to Scottish Forestry communicated that CNPA knew of historic felling activity on the land, and communicated with Scottish Forestry about this, as a matter of documentary record.
Felling was acknowledged formally by both parties. CNPA was concerned about whether the felling was legally compliant (regards licensing/remediation), noting the volume of timber produced.
Our investigation was initiated by a report of potential unauthorised felling made by a member of the public in September 2023 and again in June 2024, the latter report having been relayed to us through the CNPA.

D) The Scottish Forestry investigation confirmed sustained and lawful felling activity was taking place on the land throughout 2023 and 2024 seasons; consistent with Cairngorm Woodlands' statement about volumes and timings to Scottish Forestry
Scottish Forestry’s investigation did not conclude more than 5 cubic metres of timber had been felled in any set calendar quarter.

E) A description of the scientific methods used to measure and assess felling and verify compliance
The volume of felled timber was calculated using timber measurement conventions identified in Forestry Commission (FC) Booklet 49: Timber Measurement A Field Guide and FC Booklet 39: Forest Mensuration Handbook.

F) 2 years' unlicensed felling activity on this land allows approximately 200 trees to be lawfully felled without a license (excluding dead trees, and/or trees too small to count). Confirmation is sought that the felling activity complied with these regulatory thresholds, requiring no license, despite the substantial volume recorded being close to the legal threshold.
As it was not possible to determine the actual timber volume felled within any set calendar quarter, the stumps observed indicated felling had taken place over an extended and indistinguishable period of time, Scottish Forestry’s investigation concluded felling activity was exempt from requiring a Felling Permission under the following exemption Up to five cubic metres of timber within any set calendar quarter [1 January to 31 March; 1 April to 30 June; 1 July to 30 September; 1 October to 31 December].

G) Clarification of timber volumes recorded by Scottish Forestry; what record of felling was found by Scottish Forestry?
The initial calculation estimated the volume felled as being 6.39 cubic metres, however it was later identified that an error had taken place as the initial calculation represented only a single plot and had not been extrapolated to account for the entire felled area. The estimated volume of felled timber has been recalculated as 38 cubic metres, assuming the felled areas as being fully stocked with trees.

H) Confirmation that Scottish Forestry witnessed and recorded physical evidence of felling, seasoning, and firewood production, not in 1 location, but distributed across the land. We must prove that felling was observed across multiple locations on the land: not limited to the caravan (as claimed on the Planning Appeal).
Our investigation focussed on areas around 2 container structures and a wind turbine. The team attending the site did not record any observations out-with these three areas.

I) Given this practical context, has Scottish Forestry observed any other forestry companies making use of caravans, as on-site accommodation in other Highland forestry projects? Any factual observations you can share about the commonality of caravan use by other forestry companies, or the practicality of caravans as re- movable chattels, to facilitate remote forestry operations, would be helpful.
Scottish Forestry is the Scottish Government agency responsible for forestry policy, support and regulations. Our purpose is the sustainable management and expansion of forests and woodlands. We do not routinely record or provide commentary on temporary buildings or structures used to facilitate forest operations. Permitted Development rights would be a matter for the relevant Planning Authority to advise on.

J) Any additional factual information you can share about measured forestry activity or licensing on the land, relevant to this investigation. We can, of course, share the license, but the dispute predates the licensing
The following documents are the only additional information we hold with regards to the “measured forestry activity” and ‘licensing on the land’:

24_08_05 B6 Abbreviated Tariff;
28_08_25 B6 Abbreviated Tariff revised volume;
Tree measurements from site visit sheet_01_08_24;
Application to thin trees at Tolquhonie - FPA-11580;
Felling Application Tolquhonie FPA-11580;
RE Felling Application Tolquhonie FPA-11580;
RE Thinning Application at Tolquhonie;
RE Tolquhonie Woods - measure of felled trees (FPA-11580);
Approved HRA;
Felling Permission FPA-11580.

Please find attached the information we hold in relation to your request.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception under regulation 11(1) of the EIRs (personal information of the applicant). 11(2) of the EIRs (personal information) and 10(5)(g) of the EIRs (protection of the environment) applies to some of the information you have requested. Please see Annex A for the reason(s) this/these exception(s) apply.

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