Regulation 19 Rutland Local Plan

Policy EN4 – Trees, woodland, and hedgerows Comment

Planning permission will be granted providing that the proposal does not adversely affect important trees, woodlands, and hedgerows, especially those that are:

1. protected by a Tree Preservation Order; and/or
2. in a conservation area; and/or
3. in historic parks and gardens; and/or
4. within a recognised Nature Conservation Site; and/or
5. important landscape or townscape trees; and/or
6. traditional orchards (as defined in the UK Biodiversity Action Plan); and/or
7. making an important contribution to green infrastructure or other important ecological networks.

Ancient woodlands and ancient and veteran trees are dealt with under Policy EN5.

Improving Tree Cover

Major development will generally be expected to increase tree cover, and there will be a presumption in favour of the retention and enhancement of existing trees, woodland, and hedgerow cover on-site, unless:

1. the removal of any trees would be in the interests of good arboricultural practice; or
2. it can be demonstrated that the need and/or public benefit of the proposed development outweighs the amenity value of any trees or hedges removed.

Planning permission will only be granted if the proposal provides evidence that it has been subject to adequate consideration of the impact of the development on any existing trees and woodland found on-site (and off-site, if there are any trees near the site, with 'near' defined as the distance comprising 12 times the stem diameter of the off-site tree, or 15 times for ancient or veteran trees).

If any trees exist on or near the development site, 'adequate consideration' is likely to include the submission of an Arboricultural Impact Assessment (AIA) and tree survey information in accordance with the current recommendations of BS 5837: Trees in Relation to Design, Demolition and Construction (or subsequent revision) The tree survey information should include protection, mitigation, and management measures, including arboricultural site supervision where required.

Mitigating for loss of Trees and Woodland

The loss of existing trees will only be allowed where there is clear evidence that its removal is unavoidable. In such cases the Council will require new trees to replace the value of the trees that were removed. In most cases, this will be a higher number of new trees as trees significantly increase in value as their grow and mature. A value of the trees lost should be obtained by using appropriate formats, (e.g. CAVAT, Helliwell or iTree). Replacement trees should be of a similar species and capable of attaining a similar size to that which are being lost and will be required to be planted on-site. This does not necessarily replace the requirements of other policies with regard to Biodiversity Net Gain or Green, LNRS and Blue infrastructure but may contribute to those objectives.

New Trees and Woodland

Where appropriate and practical, opportunities for new tree planting should be explored as part of all development proposals (in addition to, if applicable, any necessary compensatory tree provision).

Planting schemes should:

1. include provision to replace any plant failures within five years post development;
2. consider the context of wider plans for nature recovery which seeks to increase biodiversity and green and blue infrastructure generally.
3. connect areas of new planting with existing areas of tree cover to create wildlife corridors and increase biodiversity;
4. only be carried out in appropriate locations that will not impact on existing ecology or opportunities to create alternative habitats that could deliver better enhancements for people and wildlife, including carbon storage;
5. use a diverse range of non-native and native tree species that deliver the most suitable benefits for the site. This may include benefits such as landscape improvements, biodiversity, specific wildlife benefit, environmental benefits, or carbon reduction; and
6. use tree species that thrive in the environment it is to be within. This can be determined by the soil pH, water availability, sunlight availability, pollution, and other factors.

Where woodland habitat creation is appropriate, consideration should be given to the ecological benefits that can be achieved through natural regeneration.

Management and Maintenance

Appropriate management measures will be required to protect newly planted trees, woodlands, and/or hedgerows.

Deadwood within trees and woodland is important to biodiversity and ecology and should be retained wherever the risk of harm is at an acceptable level. Mature shrubs can also have considerable wildlife value and may form part of the natural succession to mature woodland, so should be retained if present.

Hedgerows

Proposals for new development will be expected to retain existing hedgerows where appropriate and integrate them fully into the design having regard to their management requirements.

Proposals for new development will not be supported that would result in the loss of hedges of high landscape, heritage, amenity, or biodiversity value unless the need for, and benefits of, the development clearly outweigh the loss and this loss can be clearly demonstrated to be unavoidable.

Where any hedges are lost, suitable replacement planting or restoration of existing hedges, will be required within the site or the locality, including appropriate provision for maintenance and management.

Policy EN5- Ancient Woodland and Ancient and Veteran Trees Comment

Development proposals resulting in the loss or deterioration of irreplaceable habitats including ancient woodland and/or the loss of ancient or veteran trees found outside ancient woodland shall be refused, unless there are wholly exceptional reasons and a suitable mitigation and compensation strategy is provided where historic parkland is identified, it shall receive the same consideration as other forms of ancient woodland.

Where development proposals may affect ancient woodlands, including translocated woodlands (translocated ancient woodlands will be treated the same as if they are ancient woodland), veteran trees or ancient, and their immediate surroundings, the following principles shall be used to guide both site selection and the design of development:

1. avoidance of harm;
2. provision of unequivocal evidence of need and benefits of the proposed development, and for the design of development;
3. establishment of the likelihood and type of any impacts;
4. implementation of appropriate and adequate mitigation, compensation, and management measures that respect the features and characteristics of the veteran or ancient trees and/or ancient woodland; and
5. provision of adequate buffers.