Westminster Policy News & Legislative Analysis

New powers open Forestry England estate to renewable energy

Statutory powers enabling renewable electricity schemes on land managed by Forestry England entered into force on Friday 27 February 2026. The Department for Environment, Food & Rural Affairs and the Department for Energy Security and Net Zero said the change allows proposals across the public forest estate, with electricity used on site and exported to the grid and income earmarked for tree‑planting and estate management. (gov.uk)

Forestry England is the country’s largest land manager, responsible for more than 1,500 woods and forests covering over 250,000 hectares. The new powers mean parts of this estate could host a mix of renewable developments, including solar and, where appropriate, onshore wind and associated infrastructure. (gov.uk)

The legal mechanism sits in the Forestry Act 1967 (Consent to Renewable Electricity Development) (England) Regulations 2026 (SI 2026/89), which took effect on 27 February. Under the regulations, development on Forestry England land may require consent from the Secretary of State in addition to any planning permission granted through the usual routes. (statutoryinstruments.parliament.uk)

Consenting pathways remain unchanged. Projects below Nationally Significant Infrastructure thresholds proceed through the Town and Country Planning regime via local planning authorities, including environmental assessment where applicable. Schemes that meet Planning Act 2008 thresholds require a Development Consent Order assessed against the updated energy National Policy Statements, notably EN‑1 and EN‑3. (gov.uk)

Defra has stated there will be no net loss of woodland area on the public forest estate, with any permanent removal offset through compensatory planting. Ministers also emphasised during Lords debates that forestry authorities must balance new energy functions with existing conservation and forestry duties, alongside the UK Forestry Standard. (gov.uk)

Delivery is expected to start with solar. Forestry England cites more than 40 existing small‑scale installations, mainly rooftop arrays, and is exploring a partnership with the government‑owned Great British Energy to deliver rooftop solar at scale across the public estate. Great British Energy is now operating on a statutory footing and is led by CEO Dan McGrail. (gov.uk)

For developers, the change creates a defined route to bring forward proposals on public land but does not short‑circuit due process. Early pre‑application engagement with Forestry England and host planning authorities will be critical, alongside grid studies, ecological baseline work and, where relevant, Environmental Impact Assessment and Biodiversity Net Gain planning. (gov.uk)

For local authorities, additional casework can be expected in rural districts and National Parks, including coordination with public access and visitor operations on Forestry England sites. Government indicates that income from projects will be reinvested in tree‑planting, woodland management and wildlife support, with further programme detail to be set out later in 2026. (gov.uk)

With the regulations commenced, Forestry England and potential partners can begin formal site identification and feasibility. Until government issues further guidance, promoters should align proposals with existing planning policy and environmental duties, and evidence how woodland loss will be avoided or compensated in line with stated commitments. (gov.uk)