Developers and asset managers now have a clearer timetable for projects on England’s public forest estate. A new Statutory Instrument requires the Forestry Commissioners to obtain written consent from the Secretary of State before enabling renewable electricity development on English forestry land above a defined capacity threshold. The measure comes into force on 27 February 2026. (legislation.gov.uk)

The trigger is any proposal intended to enable construction of the whole or part of a generating station, including extensions to existing plant, where the capacity threshold set in primary legislation is met. Parliament created the framework in 2025 by inserting sections 3A and 3B into the Forestry Act 1967, defining English forestry land and renewable electricity development. (legislation.gov.uk)

Once the Forestry Commissioners notify the Secretary of State in writing, a 60‑day decision window starts. The Department may extend that by up to 30 days via written notice. If no decision arrives within the original or extended period, consent is deemed to have been granted, providing a clear long‑stop for project schedules. (legislation.gov.uk)

There is a built‑in pause. If the Department requests further information before granting consent, the statutory clock stops from the date of the request until the information is received. Any consent issued will set out conditions attached to the approval, so teams should plan for compliance and monitoring requirements. (legislation.gov.uk)

Scope matters. The Regulations extend to England and Wales but apply in England only. They sit alongside existing planning routes: projects may still need planning permission or a Development Consent Order under the Planning Act 2008 where thresholds are met, while definitions in the amended Forestry Act anchor the regime to the public forest estate and larger‑scale plant. (legislation.gov.uk)

For delivery teams, the practical move is to build this consent into the critical path. Work on the basis of 60 days from notification, allow for a possible 30‑day extension, and avoid stop‑the‑clock pauses by front‑loading site surveys, grid data, environmental reports and stakeholder evidence. Expect tailored conditions on access, habitat protection and restoration where consent is granted.

For investors, the timetable trims schedule risk on schemes that rely on Forestry England land for turbines, battery storage or cabling. Deemed consent offers a meaningful backstop against drift, but prudent modelling still keeps headroom for information requests and potential challenge. Clean documentation and early engagement with officials will help keep momentum.

The instrument is signed by Mary Creagh, the DEFRA minister with responsibility for the Forestry Commission. The Explanatory Note indicates no significant impact is expected, but portfolio owners should still audit pipeline exposure where public forest land is material to delivery. (gov.uk)