THE investment firm behind a new commercial plantation in the Scottish Borders has launched legal action in the wake of Scottish Forestry's decision to halt all work on the site.
Plans for the 700-hectare Stobo Hope woodland have been put on hold since the government agency took enforcement action over "blanket herbicide spraying" at the Peebles plot.
SF said it was not informed that large-scale overall herbicide spraying was planned prior to the application being submitted. Work at the site - near the John Buchan Way - was paused so the new information could be “reassessed” under a new screening decision.
WANT MORE ON STOBO HOPE?
- Forestry work halted at Stobo Hope plantation as 'new evidence' comes to light
- Stobo Hope: John Buchan Way plantation to be challenged in court
- Stobo Hope: Everyone wants sustainable timber but from somewhere else
But the fund behind the initiative has lodged a petition in the Court of Session for a judicial review of Scottish Forestry’s position. The petition has stressed the information on the approach to heather treatment was “clearly contained” in documentation submitted to the agency.
Guernsey-based True North Real Asset Partners, which manages the Forestry Carbon Sequestration Fund, said the new woodland would constitute one of Scotland’s largest ever carbon sequestration projects in terms of tonnes of carbon captured by 2050.
The organisation said it had already made “substantial investments” in tree planting at a pace dictated by Scottish Forestry, and in line with best practice.
Harry Humble, chief executive of True North, said the organisation was taking legal action with “great reluctance” because of the “court imposed time limit” it faced.
He said: “We have always had a constructive dialogue with Scottish Forestry about steps to complete the project. However, we have an obligation to protect the investment of the underlying pensioners who are funding what we anticipate will be one of Scotland’s largest ever carbon sequestration projects in terms of tonnes of carbon captured by 2050.
“Our Fund has made substantial investments in tree planting at Stobo at a pace dictated by Scottish Forestry and in line with best practice. It is important that the health and quality of the newly established forest is protected and properly maintained.”
Plans for the Sitka spruce-centric plantation come at a time of woodland-creation struggles across the UK. While a modern-day high was reached in the 2023/24 planting season, this still fell well short of the government's targets and - Scotland aside - was mostly made up of broadleaved species, exacerbating concerns around the country's future softwood supply.
Harry added: "Every forestry project in Scotland will inevitably face the challenge that some people may be disappointed by changes to their existing views of the landscape.
“We have always actively sought the widest public engagement in our forest design.
"Whilst we respect anyone’s right to object to our proposals, it is regrettable that a small number of individuals chose not to participate in the consultation, but rather use the courts to trip the government process up on a technicality. That action is undermining one of the most tangible efforts currently being made to address the Climate Emergency in Scotland.”
The project has been heavily criticised by some campaigners, who hit out at multi-million grant funding provided by Scottish Forestry. The plantation - due to be made up of a mix of coniferous and broadleaved species - is being overseen by Pryor and Rickett Silviculture on behalf of True North Forestry Carbon Sequestration Fund. It has previously been the subject of separate legal action by the Stobo Residents Action Group, which expressed concern about the scheme’s impact on habitats for rare species of wildlife, and its location in a designated National Scenic Area.
A spokeswoman for Scottish Forestry said: “We understand these matters are likely to be subject to legal proceedings, so we are not able to comment at this time.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here