Crofter Forestry
One or more crofters who hold a share/right in a regulated common grazings (i.e. an area of rough grazing land used by a number of crofters and others who hold shares in that land, which has agreed regulations for the management and use of the land) have the right to ask the Grazings Committee to apply to the Crofting Commission to plant and develop woodland on their common grazings. This is called Crofter Forestry. They must also obtain consent for the proposed forestry scheme from the owner(s) of the common grazings.
Who can apply?
Grazing Clerks or Grazing Constables of regulated Common Grazings.
Is this the right application for me?
If the proposal is to use the common grazings to plant trees and/for use as woodlands , then this is the correct application type for the Grazings Committee or Constable to use.
If you wish to use the common grazings for another purpose other than cultivation (eg for a campsite) the Grazings Committee will need to apply under section 50B of the Crofters (Scotland) Act 1993. Use of Common Grazings for other purposes
If, the woodland/forestry proposal is to be for your own exclusive use as a crofter, then you should apply for an individual apportionment for this purpose.
To find the correct form you need, please refer to the form finder.
Things to consider
- Only Committees/Constables who have been asked by one or more shareholders in a regulated grazings are eligible to apply to the Crofting Commission for approval to use part of the grazing for forestry purposes.
- The Grazings Committee/Constable must hold a meeting to notify all shareholders of the Crofter Forestry proposal before you can apply. You will need to supply details of the date, time and venue of the meeting on the Crofter Forestry application.
- If the Common Grazing Regulations do not contain a list of shareholders, you must provide us with a list of shareholders, agreed and signed by the landlord/owner(s) of the common grazings. On receipt of the Crofter Forestry application, the list of shareholders will be checked against the Commission’s records.
- All participating shareholders will need to provide their name and postal address and sign and date part of the application to confirm their agreement to the Crofter Forestry application before you apply. Details of all non-participating shareholders also need to be supplied on the application form.
- Any objections to the proposal that have been received from shareholders should be include with the Crofter Forestry application.
- Witten consent of from the owner(s) of the common grazings must be obtained (or where has not been provided directly by the landlord, their consent is deemed to have been given by the Scottish Land Court) before you make a Crofter Forestry Application.
- The consent of the owner(s) of the common grazings may be subject to conditions but only provided those conditions are reasonable.
- If the application is approved, tree planting or regeneration must begin within 7 years of the date the consent of the owner(s) is entered in the Commission’s Register of Crofts.
Crofter Forestry Parameters
The Crofting Commission uses a set of criteria for Crofter Forestry applications, which are referred to as ‘parameters.’ The parameters determine how the decision on the application is taken. If the application meets the parameters, and no objections have been received, the decision to approve the application is made as a straightforward approval (known as Tier 1 approval). These types of decisions are reached the most quickly.
Here are some examples of parameters for Crofter Forestry applications:
- The owner(s) of the common grazings, nor any shareholders or any other parties with an interest in the application, has objected to the proposal.
- Access to the remainder of the common grazing is not restricted by the proposed Crofter Forestry Scheme.
If an application does not meet all the parameters, it is considered to be a more complex application. Complex applications are considered and decided by more senior staff within the Crofting Commission and may take longer to process and for a decision to be taken. For further information please visist How decisions are made on regulatory applications.
What do I need to do before I apply?
Before sending the Crofting Commission your application form you must first:
- Obtain the written agreement of the owner(s) of the common grazings
- Call a meeting of all shareholders – giving not less than 10 days’ notice – to:
(1) Notify them of the proposal, including the location and extent of the area proposed for use as a woodland;
(2) Notify them of the effect the proposal will have on the current use of the common grazings, including the effect on individual soumings and access;
(3)Identify shareholders who wish to participate and,
(4)Hear any comments or concerns from shareholders.
How do I apply?
What you need to apply:
• A completed Crofter Forestry application form
• The written agreement of the owner(s) of the common grazings. (Completed Appendix 1)
• A scale plan of the proposal, detailing the boundaries of the common grazings, and the boundaries of the area that you are applying for. See the page on Maps for more information.
• Any written comments on the proposal received as a result of consultation with the owner, shareholders, or other parties with an interest in the application.
Application form
It is important to read the guidance notes fully before and as you complete the application form. These notes will tell you what information you need to include in your application and what other documents you need to submit.
It is also important to consider the decision parameters when preparing your application.
If the application doesn’t meet the parameters, if objections are received, if there is any inconsistencies between the application and the Register of Crofts, or if the application is not completed correctly it will take longer to decide your application.
To find the correct form you need, please refer to the form finder.
Here is a summary of the key points:
- Read the guidance notes before you fill out your echange of croft land application.
- Consider the parameters when preparing your application.
- You can submit your application online or by post
What happens after I submit my Crofter Forestry application?
Once the Crofting Commission have received your completed Crofter Forestry application form and map, we will check to make sure that you have filled out the correct form, that there are Regulations in place for the management and use of the common grazings (ie that it is for a regulated common grazings) and that there is a Grazings Committee/Constable in office. We will then check you have submitted all of the required information. If you have not submitted everything correctly, you will be made aware and will have a specified amount of time to submit the information requested.
The local Scottish Government Rural Payments and Inspections Directorate (SGRPID) office will be asked to prepare a report on your Crofter Forestry application and they will often need to carry out a site visit to do this. Please be aware that it can take several months for the Commission to receive this.
If no one objects to your application, and this meets all the parameters, this is considered to be a straightforward case and a Tier 1 decision to approve the application can be taken by the Casework Officer. If written comments have been made about your application and/or if it does not meet any of the parameters it may take longer to be decided.
Here is a summary of the key points:
- The Crofting Commission will check your application to make sure that it is complete and correct.
- The local Scottish Government Rural Payments and Inspections Directorate (SGRPID) office will be asked to prepare a report on your Crofter Forestry application and they will often need to carry out a site visit to do this.
- The Crofting Commission cannot make a decision on your application if your croft is not registered with the Registers of Scotland.
What happens after a decision is taken?
The Commission may either:
- grant, or
- refuse to grant
a Crofter Forestry application.
The Crofting Commission will notify the, Grazings Committee, the owner(s) of the common grazings and any other involved parties of its decision by recorded delivery post within 21 days of the decision being taken, specifying the reasons for its decision.
If the application is approved the owner(s)'s consent to the proposals will be entered on the Register of Crofts. The planting of trees/regeneration must begin within 7 years from this date.
If the application is approved there may be souming reductions imposed on each participating shareholding for the duration of the Crofter Forestry Scheme. Information about this will be included with the approval letter you receive from the Crofting Commission.
You (and any other involved party to the application) will have the option to appeal the Crofting Commission’s decision or determination of the application to the Scottish Land Court within 42 days from the date of the decision letter. Please refer to the Appeals page for more information.
Further Information
Forestry-Grants-for-Common-Grazings.pdf
Improvement-to-Common-Grazing-1018.pdf
Use-of-Common-Grazing-for-Forestry-Purposes-1018.pdf
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