Campaigners have launched a legal challenge against Scottish Forestry over its decision not to require an Environmental Impact Assessment (EIA) for a large-scale tree planting project at Todrig, a 1,000-acre estate in the Scottish Borders near Melrose.
Restore Nature Ltd, led by David Lintott, is spearheading the challenge, arguing that the regulator’s decision to “screen out” an EIA on 23 December 2024 was unlawful. The group has established a Crowdfunder titled ‘Save Todrig from Sitka spruce plantation’ to finance the legal proceedings, initially aiming to raise a minimum of £10,000 to cover court costs. Should permission for a substantive judicial review hearing be granted, further funds will be sought to contest the screening decision.
Todrig comprises heathland, wetlands and grasslands, part of the historic Ettrick Forest and once a royal hunting ground featuring oak and hazel woodlands. The contentious planting plan primarily involves fast-growing, non-native Sitka spruce, covering nearly 85% of the planted area. Euroforest Silviculture, applying on behalf of Gresham House Forest Growth & Sustainability LP—which acquired Todrig Farm for £12.3 million—is behind the plantation proposal.
Restore Nature warns that if proposals for a neighbouring plantation at Whitslaid—covering around 1,700 acres also dominated by Sitka spruce—are approved, a continuous 2,700-acre Sitka spruce monoculture will be created across the region. The group states this would cause permanent loss of fragile heather moorland, wetlands and grasslands, threatening the flora and fauna of the Southern Uplands.
The campaign alleges that Scottish Forestry prioritised investor interests over the local rural community, noting that consultation timelines were tight and that the EIA screening decision was not disclosed to stakeholders until after the public consultation began. David Lintott highlighted a key difference from a similar previous case at Stobo Hope, where the EIA screening occurred after consultations. At Todrig, he said, “they screened it out three months before the consultation. That gives an insight into the lack of care that they’re taking in terms of making sure that they’re having effective consultation.”
The campaign also contends that Scottish Forestry has failed to comply with the Forestry (EIA) (Scotland) Regulations 2017 by not publishing the relevant screening opinion documents online since 2019. Local community groups—including those represented by Lilliesleaf, Ashkirk and Midlem Community Council—were reportedly not given adequate opportunity to engage with the decision-making process.
Another aspect causing concern among campaigners is that the Scottish Government, via the Scottish National Investment Bank (SNIB), is financially linked to Gresham House. In 2021, SNIB invested £50 million into the Gresham House Forest Growth & Sustainability LP fund. Notably, the National Trust for England and Wales is also a partner in this fund. David Lintott commented: “It’s most unfortunate that they [the Scottish Government] screened it out in this way when they have an actual interest in the land.”
This legal challenge follows a series of disputes involving Scottish Forestry and large-scale conifer plantations in recent years. In 2024, a judicial review forced a reversal of a similar decision at Stobo Hope, where an initial refusal to require an EIA was overturned after concerns about herbicide use on heather moorland emerged. Scottish Forestry subsequently issued an enforcement order halting planting at Stobo Hope, cancelled a £2 million grant to developers, and ordered an EIA. The owners of that plantation, True North Real Asset Partners, responded to the halt by seeking their own judicial review.
A spokesperson for Gresham House stated: “We are aware that Restore Nature Ltd has petitioned for a judicial review of the screening opinion issued by Scottish Forestry, which determined that an environmental impact assessment was not required for our proposed woodland creation scheme at Todrig in the Scottish Borders. As this is a matter for the relevant authorities, we await the outcome of the petition and will continue to comply fully with all required processes.”
Scottish Forestry declined to comment on the ongoing legal matter.
The Herald (Glasgow) is reporting these developments surrounding the ongoing controversy over forestry planting, environmental regulations, and community consultation in the Scottish Borders.
Source: Noah Wire Services