England sets 60-day consent for forestry renewables

From 27 February 2026, England introduces a clear consent clock for renewable electricity projects on public forestry land. If you’re studying policy or teaching environmental law, here’s the shape of it: bigger schemes need a signed‑off green light from ministers, and there’s a firm timeline for getting that answer.

The Forestry Act 1967 (Consent to Renewable Electricity Development) (England) Regulations 2026 (SI 2026/89) require the Forestry Commissioners to obtain written consent from the Secretary of State before using their powers under section 3A where a project is intended to enable the construction on English forestry land of all or part of a generating station, including an extension, and the capacity threshold in the Act is exceeded. The instrument extends to England and Wales but applies in England only, as recorded on legislation.gov.uk.

The time limits are the part most people will look for first. Once the Secretary of State receives the Commissioners’ written notice, there are 60 days to give or refuse consent. That window can be extended once by up to 30 days, but ministers must notify the Commissioners before the original 60 days expire. If no decision arrives within the time allowed, consent is deemed to have been given. In plain English: miss the deadline and the consent counts as granted.

There is also a pause button built in. Ministers can ask the Commissioners for further information before granting consent, and the decision clock stops from the date of the request until the day the information is received. If consent is given, it may come with conditions, and those conditions must be set out clearly in the consent notice.

A quick primer for your students: Statutory Instruments (SIs) are secondary legislation. Parliament writes the main law in an Act; SIs add the working detail so the law can run day to day. This SI does exactly that-spelling out when consent is needed, who asks whom, and how long the decision should take-so projects don’t sit in limbo.

Key terms matter in exam answers and real projects. ‘Generating station’ here means a facility that generates electricity and, importantly, this includes extensions to an existing station. The ‘capacity threshold’ is the size test that decides whether these consent rules apply; the Forestry Act 1967 sets that test in section 3B(3) and (4). In short, the larger schemes trigger ministerial consent while smaller, lower‑capacity works do not.

Where do these powers come from? Section 3A of the Forestry Act 1967, inserted by the Planning and Infrastructure Act 2025, gives the Forestry Commissioners powers connected to renewable electricity development on forestry land. Section 3B allows ministers to require consent in defined cases. The Explanatory Notes to the 2025 Act also make clear that ‘renewable electricity development’ covers generation and related activities, which means this ministerial consent sits alongside the planning system rather than replacing it.

If you’re mapping the process for a coursework brief, think through the sequence. The Commissioners decide a proposal exceeds the capacity threshold and would enable a generating station. They write to the Secretary of State, which starts the 60‑day decision window. Ministers can extend that window once by up to 30 days, but only before the first window ends. A request for more information pauses the clock; the clock restarts on the day the information lands.

Dates and signatures help you read legislation with confidence. This SI was made on 2 February 2026, laid before Parliament on 3 February 2026, and comes into force on 27 February 2026. It is signed by Mary Creagh, Parliamentary Under‑Secretary of State at the Department for Environment, Food and Rural Affairs. The accompanying note says no full impact assessment was produced because no significant impact is expected.

Imagine a classroom case study. The Forestry Commissioners propose to enable a new solar generating station on English forestry land and their estimates show it exceeds the Act’s capacity threshold. They notify the Secretary of State in writing and the 60‑day clock starts on receipt. If ministers request grid and mapping data, the clock pauses until those documents arrive. If no decision is issued by the end of the allowed period, consent is treated as granted, and any conditions-if set-must be followed.