Part One: Spatial Strategy and Policies (Regulation 19)

Policy DLP33 Provision, retention and protection of trees, woodlands, Ancient Woodland, and Veteran trees Comment

Retention and protection of trees and woodland

1. Development that would result in the loss of or damage to ancient woodland will not be permitted. Development adjacent to ancient woodland will be required to provide an appropriate landscaping buffer, with a minimum depth of 15m^[13] and a preferred depth of 50m.
2. Development that would result in the loss of or damage to ancient or veteran trees will not be permitted. Veteran or ancient trees likely to be impacted by development should be protected, by the provision of a buffer around them of a minimum of 15 times the diameter of the tree (as measured in accordance with the appropriate standard). The buffer zone should be 5m from the edge of the tree's canopy if that area is larger than 15 times its diameter^[14].
3. There will be a presumption against the removal of trees that contribute to public amenity and air quality management unless sound arboricultural reasons support their removal^[15]. Where removal is unavoidable, replacement trees must be provided to compensate for their loss, on a site-by-site basis in conjunction with the LPA.
4. The planting of new, species diverse, trees and woodlands will be sought, in appropriate locations, to increase the extent of tree canopy cover in Dudley to a minimum of 20% and all major residential and commercial development must be designed to meet these targets.

Habitat Creation

5. All available data on extant tree canopy cover and associated habitat^[16] will be considered when making decisions on the proposed loss of trees and woodland to accommodate infrastructure and other development proposals. All major developments must deliver a minimum of 20% canopy cover, with the emphasis on retaining existing established trees.
6. In areas where evidence demonstrates that current levels of tree canopy cover are low, proposals that incorporate additional tree planting, to increase existing levels of habitat and urban tree canopy cover to above the required minimum of 20% will be considered positively, as part of the wider contribution to biodiversity net gain, where such planting would not adversely affect areas with recognised ecological or biodiversity value that would be damaged or destroyed by tree planting^[17].
7. Tree species identified as being resilient to predicted climate change and pests and diseases are to be favoured in landscaping schemes or as replacement planting, to maximise habitats for local wildlife/species and maintain and increase biodiversity. This should be achieved through a mix of native and non-native species to maintain a healthy and diverse tree population.
8. Opportunities for increasing tree provision through habitat creation and the enhancement of ecological networks, including connecting areas of ancient woodland, will be maximised, in particular by means of the biodiversity net gain and Nature Recovery Network initiatives (see Policy DLP32).

Trees and development

9. Development must be designed around the need to incorporate trees already present on site, using sensitive and well-designed site layouts to maximise their retention. No design work, however conceptual, should start until the tree constraints associated with a development site are well understood.
10. An arboricultural survey, carried out to the appropriate standard BS5837:2012 (BS5837:2012 - Trees in relation to Design, Demolition and Construction, BSI: London) should be undertaken prior to removal of any vegetation or site groundworks and used to inform a proposal's layout at the beginning of the design process.
11. Existing mature trees^[18], trees that are ecologically important, and ancient/veteran trees, must be retained and integrated into the proposed landscaping scheme, recognising the important contribution of trees to the character and amenity^[19] of a development site and to local green infrastructure networks.
12. In addition to meeting the requirements for replacement trees on sites and biodiversity net gain, new tree planting must be included in all new residential developments and other significant proposals^[20], as street trees or as part of landscaping schemes with suitable planting specifications for trees in hard landscapes.
13. Development proposals should use large-canopied species where possible, which provide a wider range of health, biodiversity and climate change mitigation and adaptation benefits because of their larger surface area as well as making a positive contribution to increasing overall tree canopy cover ^[21].
14. Consideration must be given to the suitability of planting positions in proximity to adjacent constructions, such as walls and buildings, to avoid the risk of structural damage occurring as trees grow and mature.
15. Ensure both existing and new trees have a suitable growing environment with adequate space allowed to reach their mature height and spread without causing nuisance to built structures and their occupants.
16. To enable trees to reach their optimum size, a sufficient soil volume must be available to the root system. The soil type, including drainage, must be such that tree roots are able to grow and function adequately.
17. Plan and sufficiently resource post planting care for three to five years as detailed in BS8545:2014. (British Standard 8545:2014 Trees: from nursery to independence in the landscape – Recommendations. BSI: London).
18. Details of instructions for householders regarding their planning liability and maintenance of trees planted in private gardens for major developments must also be provided.
19. To show new tree planting has been undertaken in accordance with the approved details and plans; the applicant must submit to the Council a verification document from the landscape consultant confirming the works are completed as approved. This shall include confirmation of tree pits, ground preparation and photographs of the trees after planting. Without such proof of planting, the developer will have a continued obligation to plant or replace any trees in the approved plans.
20. All planting proposals must demonstrate that they:
    1. have been designed to use suitable species.
       take account of the need for biosecurity, including control of non-native invasive species; and
    2. ensure all planting stock is supplied free of pests or pathogens.
21. All new major developments must make a minimum contribution of 20% tree canopy cover across the development site (estimated growth 25-years from planting)^[22] To be monitored annually using Blueskys National Tree Map and GIS Data
22. New houses and other buildings must be carefully designed and located to prevent an incompatible degree of shade^[23] being cast by both existing and new trees that might result in future pressure for them to be removed.
23. The positioning of trees in relation to streets and buildings should not worsen air quality for people using and living in them. Care should be taken to position trees and / or design streets and buildings in a way that allows for street-level ventilation to occur, to avoid trapping pollution between ground level and tree canopies (see Policy DLP44)
24. Where planning permission has been granted that involves the removal of trees, agreed replacement trees of a suitable size and species must be provided onsite. Where sufficient and suitable onsite replacements cannot be provided, off-site planting or woodland enhancement, including support for natural regeneration, in the near vicinity of the removed tree(s) must be provided, in line with the mitigation hierarchy. Appropriate planning conditions will be used to secure timely and adequate alternative provision and ongoing maintenance.
25. Replacement trees located off-site must not be planted where they would impact on areas designated as ecologically important unless this has been specifically agreed with the relevant authority and its ecological officers / advisers.
26. Trees proposed for removal during development must be replaced commensurate with the size, stature, rarity, and public amenity of the tree(s) to be removed. Where trees to be replaced form a group of amenity value (rather than individual specimens), replacement must also be in the form of a group commensurate with the area covered, size and species of trees and established quality of the original group and, where possible, located in a position that will mitigate the loss of visual amenity associated with the original group^[24].
27. Where proposed development will impact on the protection, safety and / or retention of a number of trees, or on the character and appearance of trees of importance to the environment and landscape, the use of an Arboricultural Clerk of Works^[25] will be required, to be made subject to a condition on the relevant planning permission.