Butterfly Conservation helps defeat forestry plan
Butterfly Conservation is celebrating after helping to defeat plans for a 400-hectare forestry plantation that would have destroyed precious habitat.
Campaign group Restore Nature demanded a Judicial Review after Scottish Forestry said the 4km sq plan for Todrig in the Scottish Borders did not require an Environmental Impact Assessment - despite the unusual biodiversity of the area including the vulnerable Northern Brown Argus butterfly.
Supreme Court judge Lady Poole has now ruled that the decision was unlawful, largely due to testimony from Butterfly Conservation officer Apithanny Bourne.
The company behind the plantation proposal will now have to carry out a full Environmental Impact Assessment in order to get permission, which will affect what it is allowed to do.
Apithanny, who is Butterfly Conservation's Species-rich Grassland Project Officer in the Borders, said: "We are delighted with the outcome at Todrig. The Northern Brown Argus is a beautiful and vulnerable butterfly, which also acts as a flagship species for farmland wildlife. The species has declined by 57% in abundance since 1979 and urgently needs our help – and it’s not just us saying that: it’s also on the Scottish Government’s own Scottish Biodiversity List.
"This win demonstrates the importance of priority butterfly species and irreplaceable species-rich grassland habitat. It also shows that the Scottish Biodiversity List has genuine power to help us protect butterflies, moths and all wildlife."
Restore Nature successfully challenged Scottish Forestry in the Court of Session in Edinburgh.
The hearing heard how Scottish Forestry had quietly 'screened out' the need for an Environmental Impact Assessment before local consultation, failed to publish this decision for many months, failed to consider the potential effects on the Northern Brown Argus, failed to consult key conservation bodies and failed to lawfully assess the potential for significant environmental effects on the Todrig site and the wider landscape.
Restore Nature said its victory would set an important precedent for proper environmental scrutiny across Scotland.
In particular, the court determined that Scottish Forestry cannot assess the likely magnitude of landscape impacts simply by considering the percentage of the wider Landscape Character Area that a site such as Todrig represents.
The court also confirmed that the potential for significant effects on the Northern Brown Argus butterfly must be properly and lawfully considered.
Restore Nature said: "This case has been about accountability, transparency and protecting Scotland’s biodiversity. The ruling means that a lawful decision must now be made regarding the Todrig proposal and, we hope, will help reshape how forestry decisions are made in future.
"We hope Scottish Forestry will now recognise that the Todrig proposal should be treated as an EIA project, allowing the Environmental Impact Assessment process to begin, and we believe a full Environmental Impact Assessment will demonstrate that the Todrig site is not suitable for a forestry proposal of this scale."
The group also thanked everyone who helped it bring its case including Butterfly Conservation, its legal team and Rowellian Environmental Consulting.
Apithanny added: "We hope this case will send a clear message to forestry that wildlife cannot be ignored. We will continue to champion grassland habitat and welcome the opportunity to work with responsible forestry applicants who prioritise biodiversity."
Restore Nature is also still raising funds to help cover the legal costs of the case here.
March 2026
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