Scottish Forestry taken to court for fourth time in two years over environmental concerns

The latest challenge concerns a 307-hectare conifer scheme proposed for Duchrae, near St John’s Town of Dalry in Dumfries and Galloway.

It is the fourth time in two years that the Scottish Government agency has been taken to court over its involvement in large-scale forestry plantations.

At a preliminary hearing on Friday, the courts accepted a petition to challenge the scheme, lodged by neighbouring landowner and farmer Jim Ramsey, and confirmed a judicial review will go ahead before the Court of Session in due course.

Mr Ramsey and campaigners protesting against the proposed Duchrae plantation have raised concern about its potential impact on local wildlife, including the curlew and lapwing populations which are species that require large areas of open ground.

Opponents have also questioned the quality of the surveys carried out to see if the site is appropriate to plant on, especially given large areas of deep peat in the area. Conifer plantations can disrupt the delicate balance of bogs by causing peat to dry out, which reverses its function from a carbon sink to a carbon emitter.

The latest challenge comes after three separate judicial reviews have been lodged across two large-scale forestry plantations approved by Scottish Forestry in the last two years.

These include a proposed plantation at Stobo Hope in the Borders which, after a successful legal challenge by local residents, the government agency was forced to cancel the original contract with immediate effect, with judges ruling that an EIA was required before planting was to proceed.

Another proposed 579-hectare plantation at Todrig, also in the Borders, was successfully challenged, with the judge ruling the forestry agency had been unlawful in failing to assess environmental impacts. This included failing to properly consider the risks the project posed to sensitive and vulnerable wildlife, such as the Northern Brown Argus butterfly.

Duchrae Estate Limited, the company behind the Duchrae forestry scheme, insists the plans have undergone detailed assessment across a wide range of environmental factors.

David Stein, the company’s director said: “This is a carefully designed project that will deliver homegrown timber alongside significant long-term environmental benefits.”

Hayden Morrison, director of Goldcrest Land & Forestry and overseeing the strategic asset management of the Duchrae site for the owner, said: “This was a rigorous process supported by comprehensive specialist surveys, including landscape, ecology, hydrology and peat assessments.

“The design protects existing peatland, including deep peat areas, and ensures no unacceptable loss of productive agricultural land. On that basis, Scottish Forestry concluded a formal EIA was not required.”

Mr Morrison added: “Duchrae is a modern, mixed-use forest designed to deliver multiple long-term benefits, including timber production, carbon sequestration, climate resilience and biodiversity enhancement. The scheme will create a diverse mosaic of habitats, combining open ground, native woodland and productive conifer planting.”

A spokesperson for Scottish Forestry said: “It would be inappropriate to comment on this case whilst litigation is underway.”