Trees, ancient and veteran trees, woodlands, orchards

NE9: Trees, ancient and veteran trees, woodlands, orchards 1. Development will contribute to the overall aim of conserving, restoring and enhancing Buckinghamshire’s tree, woodland, orchard and hedgerow resource. Development will also contribute to the expansion of the resource to achieve the objectives of enhancing the amenity value of developments and enhancing the wider ecosystem services they can deliver. Species of local significance should be given special consideration to be included in planting plans for development proposals. 2. Where trees within or adjacent to a site could be affected by development a tree survey and arboriculture impact assessment to British Standard 5837 (or such other standards that supersede them) will be required. The implementation of any protective measures it identifies will be secured by planning condition. 3. There is a presumption to refuse developments which would result in the loss or deterioration or threaten the continued wellbeing of: a) Ancient or veteran trees b) Ancient Woodland c) Traditional Orchards d) Native hedgerows which would be considered important (under the hedgerow regulations) or classed as a priority habitat (under JNCC classifications) Unless there are exceptional circumstances which can demonstrate: a) There is no suitable alternative site for the proposed development, b) The mitigation hierarchy (avoid, minimise, mitigate, compensate and always enhance) has been followed to the greatest extent and to the satisfaction of the council, and there will be a biodiversity net gain as per policy NE5, and c) A clear and overriding public benefit which would result from the development. 4. For other trees, woodlands, orchards and hedgerows, which are worthy of retention for their amenity, historic or wildlife value, it should be demonstrated how the mitigation hierarchy has been followed. Where they cannot be retained or moved (where movement is practicable), or negative impacts are proposed, appropriate replacement along with enhancements will be expected to be provided on site, following the mitigation hierarchy. 5. To avoid unacceptable deterioration, development where applicable will be required to include the following natural buffers, for the benefit of wildlife: a) Ancient Woodland – fifty metres (as identified from the Natural England Ancient Woodland inventory), as per policy NE4. b) Woodland (retained and planted) not classified as Ancient – at least twenty-five metres (from woodland edge) c) Hedgerows (retained and planted) – at least five metres (either side of the centre line) d) Ancient or Veteran Trees – the larger of: i. Root Protection Area (RPA), as determined by the latest version of BS5837 but using fifteen as the multiplier of the stem diameter to derive the radius of a circle equating to the RPA. ii. 5m beyond the canopy edge e) other trees worthy of retention – The RPA as determined by the latest version of BS5837. 6. Within buffers, appropriate native (local provenance) trees may be planted along with the inclusion of other ecology features to secure net gains in biodiversity and/or landscape mitigation. This area must remain free from built environment. 7. It is expected that opportunities to enhance the ecological condition of retained trees and hedgerows and the habitats they are part of, will be proposed as part of an application and that plans will be put in place for their long-term suitable management. 8. Where a development site presents an opportunity to join up fragmented areas of woodland or connect hedgerow networks, this should be achieved through additional planting as part of the development’s Green Infrastructure. 9. Where the loss of trees is considered acceptable, adequate replacement provision along with enhancements will be required that use species that are in sympathy with the character of the existing tree species in the locality and the site. Where species-rich native hedgerow (as commonly found on agricultural land) loss is unavoidable, the developer must compensate for this by planting native species-rich hedgerow, which should result in a net gain of native hedgerow on the development site. 7.194 Trees, woodlands, orchards and hedgerows are an important component of Buckinghamshire’s natural capital and green infrastructure network. In addition to their biodiversity value, they contribute to landscape character, climate resilience, carbon storage, flood management, air quality, cultural heritage and the health and wellbeing of communities. Their protection, enhancement and long-term management are therefore important to achieving sustainable development across Buckinghamshire. 7.195 This policy sets out the council’s position on protecting Trees, Ancient and Veteran Trees, Woodlands, and Orchards. 7.196 Locally significant tree species include (but are not limited to): a) Black Poplar in the Aylesbury Vale b) Blackthorn in hedgerows in the county north of Aylesbury c) Locally known fruit tree varieties. 7.197 This policy provides a local definition of traditional orchard and veteran trees to reflect the local context and protect the orchards and trees meeting this definition. 7.198 For the purposes of this policy, a Traditional Orchard of Local Significance is an orchard comprising open-grown fruit trees with herbaceous ground vegetation and meeting all the following criteria: a) Identifiable on OS maps in 1955 or earlier and/or containing veteran or ancient trees. b) Containing fruit trees (primarily in the Rosacea family) on any root stock other than extremely dwarfing (i.e. where the trees would be expected to reach over 1.8m height once grown). c) Consist of more than five fruit trees spaced between 5m and 30m apart. Inclusions: a) Nut trees, such as hazel, cobnuts and walnuts. b) Community orchards meeting the above criteria. c) Abandoned or overgrown orchards retaining their fruit trees. Exclusions: a) Fruit trees within private gardens. b) Intensive Orchards. c) Ornamental varieties. 7.199 The policy also provides clarification as to the definition of a ‘veteran tree’ that the LPA considers would constitute an irreplaceable habitat is as defined within the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024. 7.200 In most circumstances, this policy will not apply to householder applications. 7.201 Ancient and Veteran Trees are considered 'irreplicable' habitat in national policy, which gives additional weight to their importance and recommends refusal of applications which would cause their loss or deterioration unless there are exceptional reasons. The policy follows Natural England's and the Forestry Commission's joint Standing advice on 'Ancient Woodland, Ancient Trees and veteran trees 12 to determine the Root Protection Area of such trees. 12 Ancient woodland, ancient trees and veteran trees: advice for making planning decisions - GOV.UK.