Regulations titled the Forestry Act 1967 (Consent to Renewable Electricity Development) (England) Regulations 2026 take effect on 27 February 2026. Made on 2 February and laid before Parliament on 3 February, the instrument requires Forestry Commissioners to secure Secretary of State consent before using their section 3A powers in specified cases relating to renewable electricity development on English forestry land, under the Forestry Act 1967 as amended by the Planning and Infrastructure Act 2025.
Consent is triggered where the Commissioners propose to exercise section 3A powers to enable construction on English forestry land of the whole or part of a generating station, including extensions to existing stations, and the project exceeds the capacity threshold defined in section 3B(3)–(4) of the 1967 Act. The Commissioners must notify the Secretary of State in writing when this requirement arises.
The decision timetable is fixed in law. The Secretary of State must give or refuse consent within 60 days of receiving the Commissioners’ notice. The period can be extended once by up to 30 days, but only if the Commissioners are notified of the extension before the original 60-day limit expires. If no decision is issued within the applicable period, consent is deemed to have been granted.
The Regulations allow the Secretary of State to request further information from the Commissioners before granting consent. From the date of such a request until the information is received, the statutory decision period is suspended, with the clock resuming upon receipt.
Any notice of consent must include any conditions to which the approval is subject. This provides legal clarity for the Commissioners and developers on obligations that must be met as part of enabling works on the public forest estate.
Geographical scope is explicit: although the instrument extends to England and Wales, it applies in England only. Definitions are cross‑referenced to the Forestry Act 1967, with “English forestry land” set out in section 3A(5) and “generating station” in section 3B(10).
This consent is a gateway tied to the Commissioners’ estate‑management powers and does not replace planning permission, environmental permitting or other statutory consents required for renewable electricity development. Sponsors should integrate this step alongside town and country planning processes and grid connection milestones.
For developers, the operational impact is the predictable decision window and the backstop of deemed consent. Programmes should plan around a 60‑day review, allow for a single extension of up to 30 days where notified in time, and account for possible pauses if further information is requested. Early scoping of project capacity will help determine whether the statutory threshold is exceeded.
For the Forestry Commissioners, compliance will require prompt written notifications to the Secretary of State, swift responses to information requests to minimise suspension periods, and incorporation of any consent conditions into leases, licences or permissions issued under section 3A.
The instrument is signed by Mary Creagh as Parliamentary Under Secretary of State at the Department for Environment, Food and Rural Affairs. The Explanatory Note states that no full impact assessment has been produced, as no, or no significant, impact on the private, voluntary or public sector is foreseen.