Planning and Development

This chapter explores one of the five Strategic Objectives for tree management: trees in planning and development. It sets out current priorities within this topic area and explores where action should be taken.

What is it?

Development has the potential to significantly influence the treescape and the planning system provides a means by which the Council can protect and enhance the treescape.

Trees must be considered when determining planning applications. Tree retention, protection and planting can be secured through site allocation, design decisions, the use of planning conditions and planning agreements.

The Council is able to provide guidance to applicants and decision makers through policy, supplementary guidance and through the Local Plan. Taken together, these represent one of the most significant opportunities available to the Council to shape the treescape and the benefits it delivers.

Through the planning system, the Council is also able to make Tree Preservation Orders (TPO) to protect amenity provided by specific trees, groups of trees or woodlands and to regulate the management of private trees within Conservations Areas.

How does this support the vision?

To increase the level of canopy cover, existing trees should be protected wherever possible, and substantial tree planting must take place on privately owned land.

The Council can use the planning system to help to coordinate and deliver this. Establishing new tree planting through regeneration and development will help to improve canopy cover distribution and equitable access to trees. Trees can also add value to retail, residential, transport and regeneration developments by delivering or enhancing compatible and complementary benefits.

Retaining and protecting established trees and woodland on development sites can be beneficial for biodiversity, and new planting schemes delivered through development also provide an opportunity to increase tree cover and connectivity and improve the composition of the treescape.

The Council does not own or directly manage a large proportion of the overall land within the authority area.

The treescape crosses boundaries and multiple ownerships and it is therefore essential to any strategy for improvement that all opportunities to positively influence the tree population are utilised. Planning and development are key to this because they embed an advisory, consenting and regulatory role into decisions around land use and design. In particular, this tends to be at times when change is proposed and opportunities to reimagine local treescapes are most available.

What are the Council's strategic objectives?

These are the key deliverables for the Council in this topic area:

Table 14 - Strategic Objectives for trees in planning and development

Overall approach

There should be a presumption against the removal of trees for development unless the need for or benefits of development outweighs the loss.

The removal of trees should always be justified, and the strength of the justification should be in proportion to the quality of the trees and/or the significance of the effects.

Trees of higher quality tend to include those which are mature and/or large, those delivering the most and/or particularly desirable benefits such as screening; those with desirable and/or valuable characteristics such as habitat or cultural significance, and those with the longest remaining contribution due to species and/or condition.

Harm to trees should be mitigated at every stage in the planning process, including through site selection, masterplanning, design, and construction. All residual harm should be offset by new tree planting or other suitable enhancements to the treescape. These should normally respond directly to the type and location of harm and seek to reinstate or replace benefits that would be lost.

Planning policy

For the Council to effectively deliver tree planting through new development there must be strong, prescriptive policies in place which are specific to trees. Policies must be unambiguous and provide clear guidance to applicants and decision makers as to what will be expected with regards to trees on development sites.

Planning policy should be clear and specific so that developers understand what is expected of them when developing plans and making decisions, and so that planners and officers within the Council are able to apply them consistently.

Trees may also be relevant to compliance with other policies and laws, such as those involved in managing biodiversity. These do not cover the full range of benefits and functions delivered by trees and are therefore not suitable in isolation to regulate effects on the treescape.

The new joint Local Plan for Preston City Council, Chorley Council and South Ribble Borough Council will include planning policies relating to trees, detailing how existing trees will be protected and how new tree planting will be secured.

The Local Plan will also include a canopy cover target, towards which development will be required to make progress.

The central organising principle for planning policy will be that enhancement of the treescape embedded within development and is a guaranteed outcome of the planning process. It is not necessary, and it should not be possible to secure planning permission within the authority area that would result in any degradation to the treescape.

Planning policy should therefore capture this principle and reflect it clearly as an expectation and a minimum standard, not simply an aspiration.

An effective planning policy relating to trees and development should include the following information as a minimum:

(i) How individual developments will contribute to, or be judged against canopy cover targets

(ii) What trees will be protected (including any special designations or status, such as ancient woodland and veteran trees)

(iii) What tree removal may be permissible

(iv) How retained trees will be protected during construction

(v) How tree removal will be offset, including by planting

(vi) Compensation for damage to or removal of Council owned trees.

Planning decisions made by the Council will support the aims and objectives set out in this Strategy. They will be made by consistently testing proposals against adopted policy, strategy, and any relevant guidance, not by exercising unregulated individual judgement.

Consultation on planning applications

The Council will only validate planning applications which are supported by the correct information in relation to trees. Table B.1 of British Standard BS 5837:2012 Trees in relation to design, demolition and construction - Recommendations sets out the minimum level of tree-related information that is required for submission with a planning application.

Planning applications within 15m of any tree will not be validated unless supporting information has been provided, which has been produced to an acceptable standard and with appropriate arboricultural input.

In order to deliver sound advice and make effective planning decisions with regards to trees, the planning department requires timely input from a professional arboriculturist.  Therefore, the Council will establish a framework for providing arboricultural advice on applications. This could include embedding an appropriately trained officer within the planning team or arboricultural team, whose primary role is to respond to planning application consultations and manage the relationship between trees and development.

It is particularly important that consistent, accurate, and early arboricultural advice is given in response to planning applications and through pre-application advice. This process is the 'gateway' for a large proportion of the overall capacity the Council has to influence the treescape and help to deliver the targets set out in this Strategy. It will also ensure that planning decisions are based on expert advice and can withstand scrutiny or challenge.

External organisations can also provide specialist advice and local knowledge on planning applications and the Council will ensure that it consults them wherever appropriate.

Use of planning conditions and enforcement

Conditions

The Council will use planning conditions to protect existing trees, ensure tree planting is included as appropriate within landscaping schemes, and secure appropriate ongoing management. All applications are considered on an individual basis, but in general, planning conditions will cover: the provision of further information about trees into the planning process; the timing and standard of tree works; tree protection during construction; special construction methods to avoid harm to trees; tree planting; the ongoing management of trees and woodland; and monitoring of compliance with approved documents.

The Council will also maintain and publish a set of standard conditions for tree protection, planting, and management to ensure a consistent approach to development and allow developers to understand what may be required of them.

Figure 7 - Mature trees lining Winckley Square, Preston

Planning conditions will be used as appropriate to secure independent monitoring and reporting on compliance with approved tree works, tree protection, and the success of tree planting and aftercare.

The Council will require developers to submit reports on compliance prior to the discharge of planning conditions relating to trees. In more complex cases, this may require the engagement of an independent and/or regulated arboriculturist.

Enforcement

The Council has powers to enforce a breach of condition and will undertake enforcement action in relation to the protection of existing trees and new planting on development sites. as appropriate.

The Council will be proactive in its approach to the enforcement of planning conditions to ensure that breaches are dealt with as soon as possible.

The Council will also work constructively with the public and local interest groups to ensure a plan-led approach to trees and development. This could include the use of community tree wardens to provide passive surveillance of development sites.

Tree preservation orders (TPOs) and conservation areas

TPOs

Where appropriate, the Council will make TPOs to protect specific trees, groups of trees or woodlands with high amenity value.

The Council will develop a consistent approach to assessing the amenity provided by trees. Reference information and location of TPOs and will be available via the Council's website.

When considering planning applications for development which affect TPO trees, the Council will reach a balanced planning decision which gives due regard to protected trees.

The Council will process applications for works to TPO trees in a timely manner. Where TPO trees are removed, the Council will require appropriate replacement planting or compensation.

Conservation Areas

Where appropriate, the Council will use its powers to make TPOs on trees in Conservation Areas and will inform landowners of the outcome of Section 211 notices in a timely manner.

Planning legislation

The Council will comply with relevant legislation and guidance regarding trees, hedges, woodland, biodiversity and protected species.

Updates to the NPPF provide further guidance and protection for trees. The Council will develop planning policies and make planning decisions in line with this guidance.

Requirements for biodiversity net gain (BNG) through the Environment Act 2021 will be considered in parallel with decisions regarding trees on development sites.

Supplementary guidance

Supplementary planning documents (SPDs) are a means for the Council to expand on existing planning policies by providing additional guidance to applicants and decision makers. Where appropriate, the Council will review existing guidance documents and produce new SPDs regarding trees, hedgerows and woodlands to provide as much information as possible to relevant parties.

Topics which expand on the information set out in this Strategy could include:

(i) Planting pit design

(ii) Minimum soil volume standards for tree planting

(iii) Species selection

(iv) Funding for tree planting

(v) Biodiversity and trees

Council-led development

Council-led development provides an opportunity for the Council to develop exemplar schemes in which tree protection and tree planting play a central role.

The arboriculture team will be consulted at the outset to ensure that trees are embedded in the design approach.

The Council will apply the same standards to its own development as it does to external applicants.

Canopy cover through planning

The planning system offers an opportunity for the Council to increase canopy cover through new development and regeneration. Strong planning policies and informed decision making will ensure that adequate protection is given to existing trees and new tree planting is successfully delivered.

The Council will set a basic minimum policy ambition to retain existing tree canopy cover and will undertake further research to develop appropriate canopy cover targets for increasing cover at the regional and local level. Management of the treescape will promote sustainable and expanding canopy cover.

Greater weight will be given to woodland canopy cover in decision making over individual trees as the inherent sustainability and self-regeneration capacity of woodland will provide more sustainable increases in canopy cover.

The Council will explore the role of funding tree planting through commuted sums as a means for increasing tree planting.

The Council will also consider the role of mandatory biodiversity net gain in delivering tree planting through offsetting.

CAVAT

The Capital Asset Valuation of Amenity Trees (CAVAT) provides a system for assessing the monetary value of amenity trees. It can be used to aid decision making and provides a systematic approach to calculating a monetary value that can be used as the basis for compensation for damage to or loss of amenity trees, or to justify budgetary decisions on the basis of asset value. It is widely recognised and was developed specifically in the context of local authority tree management.

To assist in the management of its tree stock, the Council will use the CAVAT method to calculate appropriate compensation where damage or removal of a Council owned tree occurs. This could include vehicle damage, vandalism, unauthorised pruning, or unlawful removal of trees. Where compensation is received by the Council, the money will be spent on planting new trees.