Scottish Forestry - Suspected unauthorised tree felling queries: EIR release

Information requested

Further to emails to Scottish Forestry of 8 December 2025 with subject: Central Scotland - Felling query - Report a suspected unauthorised felling (222.0925)

You asked for

1. Could you please also confirm whether Scottish Forestry has opened an investigation into this matter yet?

If an investigation has been opened, what are the next steps and timescales for that investigation please?

Could you please explain why Scottish Forestry will not be able to provide any further information if there is an active investigation into the felling?

2. I was unable to find any policy or other document on Scottish Forestry’s website which explains that position. There does not seem to be anything in the Forestry and Land Management (Scotland) Act 2018 which would prevent Scottish Forestry from providing further information.

I would be grateful if you could please send me any Scottish Forestry policies or internal guidance documents which explain Scottish Forestry’s position on sharing information in relation to investigations of alleged unauthorised felling.

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.

1. Could you please also confirm whether Scottish Forestry has opened an investigation into this matter yet?

If an investigation has been opened, what are the next steps and timescales for that investigation please?

Could you please explain why Scottish Forestry will not be able to provide any further information if there is an active investigation into the felling?

The case you referred to was investigated as potentially unauthorised felling at Goathill Quarry, Fife and your enquiry was received whilst the case was still under investigation. However, the outcome is now confirmed that the trees were felled under an approved planning permission (arranged with Fife Council under reference 19/03702/EIA). Therefore, no further action was required by Scottish Forestry as this falls under an exemption within the Forestry (Exemptions) (Scotland) Regulations 2019, and there are provisions allowing Local Authorities to approve relevant tree felling under the Town and Country Planning (Scotland) Act 1997.

2. I was unable to find any policy or other document on Scottish Forestry’s website which explains that position. There does not seem to be anything in the Forestry and Land Management (Scotland) Act 2018 which would prevent Scottish Forestry from providing further information.

I would be grateful if you could please send me any Scottish Forestry policies or internal guidance documents which explain Scottish Forestry’s position on sharing information in relation to investigations of alleged unauthorised felling.

Our investigation process involves gathering and recording evidence relating to the felling and the site in question. This begins with an initial desk-based review, usually completed within a few days. If a site visit is required, it will be arranged at the earliest opportunity, with two staff members attending to corroborate any findings. The evidence is then reviewed by a senior member of staff, who determines the outcome and takes appropriate action.

Please note that we are unable to provide updates on the progress of ongoing investigations, as sharing information at that stage could compromise the procedural fairness of the process and any subsequent enforcement actions that may follow. In addition, we have to consider the requirements under the Data Protection Act 2018 and General Data Protection Regulation (UK GDPR). However, if official Planning Reporters become aware of any additional information and have passed this on to us, we would respond accordingly.

Once an investigation is complete, we will share an appropriate outcome upon request. Please note that this will also be subject to consideration of prejudice to subsequent enforcement actions, UK GDPR and data protection requirements, which restricts our ability to disclose certain information to third parties without a lawful basis.

We plan to update our website to provide information on this approach to unauthorised felling investigations to Reporters. We would greatly appreciate your input before we proceed so if you have any comments or feedback, please feel free to contact us at scottish.forestry@forestry.gov.scot quoting case number 202500498509

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.