Part One: Spatial Strategy and Policies (Regulation 19)

Ended on the 29 November 2024

Provision, retention and protection of trees, woodlands, and hedgerows

11.36. Section 197 of the Town and Country Planning Act 1990 places a duty on the Local Planning Authority to secure the planting of new trees. Dudley Council will secure the planting of new trees in locations where they will complement the surrounding architecture and the local landscape. and ensuring that the species of tree planted is suitable for each location.             

11.37. A main theme of the Government's 25-Year Environment Plan is the need to plant more trees. This is to be achieved not only as part of the creation of extensive new woodlands but also in urban areas; this will be accomplished in part by encouraging businesses to offset their emissions in a cost-effective way through planting trees. The national ambition is to deliver one million new urban trees and a further 11 million new trees across the country by 2060.

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

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

  1. 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.
  2. 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].
  3. 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.
  4. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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].
  6. 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.
  7. 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.
  8. 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.
  9. 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).
  10. Details of instructions for householders regarding their planning liability and maintenance of trees planted in private gardens for major developments must also be provided.
  11. 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.
  12. 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.
  13. 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
  14. 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.
  15. 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)
  16. 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.
  17. 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.
  18. 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].
  19. 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.
Justification

11.38. It is important to encourage and support the delivery of green infrastructure and ecological networks through urban areas, especially in relation to their role in climate change mitigation and adaptation and to mitigate the health problems associated with air pollution. The provision of new trees and the protection of existing ones throughout the borough will be a key component of this approach.

11.39. The principal aim will be to increase the borough's urban canopy cover to at least 20% over the plan period[26]. If the Canopy Cover Balance on a Major Development site is less than 20%, new canopy must be provided based on data establishing its current levels of provision[27] and identifying opportunities for doing so derived from the Black Country Nature Recovery Network and biodiversity net gain targets.

11.40. Canopy cover area can be calculated in two ways:

  1. By entering the canopy radius, using cardinal four points of the compass, for individual trees.
  2. By entering the area for groups of trees using CAD or GIS to measure the area.

11.41. The entire existing canopy for a tree or tree group can be included if it:

  • Is entirely within the site.
  • Will have no planned tree surgery works.
  • The Root Protection Area (RPA) will not be encroached upon by development and associated works.
  • and Trees based outside the site must not be included in calculations if their BS5837:2012[2] categorisation is 'U' (those in such a condition that they cannot realistically be retained as living trees in the context of the current land use for longer than 10 years).

11.42. When two or more trees overlap, measurements must ensure that these areas are not double counted.

11.43. On minor developments, the Council will use a fixed number system to secure new trees in replacement for proposed tree removals. This will only be acceptable where the Council is satisfied that the applicant has demonstrated exceptional justification for their proposed removal(s). The requirement will apply to A and B category trees, category C trees will be replaced on a 1:1 basis.

11.44. Table 11.1 is based on a publication by Forest Research and on work by arboriculturists Sharon Durdant-Hollamby and Luke Fay (Hand, K. and Doick, KJ (2021). Ecosystem service provision by urban trees: informing species selection. Farnham, UK: Forest Research).

11.45. The table is a simplified formula based on the original study; it sets out that the number of replacement trees required is dependent on the length of time it will take the replacement planting to reach the equivalent service provision of each felled tree. The replacement trees are assumed to be 7 years old at planting and planted in the same conditions. Benefit provision is calculated at 10 years post-planting, when the replacement trees are 17 years old. (This does not apply to ancient or veteran trees)

Table 11.1 Replacement Tree Planting Targets for New Developments

Stem Diameter of Tree Proposed for

Removal*

Number of Replacement Trees

Required

150 – 199 mm

1

200 – 299 mm

2

300 – 399 mm

3

400 – 499 mm

4

500 – 599 mm

5

600 – 699 mm

6

700 – 799 mm

7

800 mm +

8

*Measured at 1.5 metres above ground level, in accord with British Standard 5837:2012 "Trees in Relation to Design, Demolition and Construction – Recommendations".


[13] Natural England and Forestry Commission guidance, January 2022

[14] Natural England and Forestry Commission guidance, January 2022

[15] The tree is a clearly identified and immediate threat to human safety; disease is significantly impacting the tree's longevity and safety; the tree is causing clearly evidenced structural damage to property where remedial works cannot be undertaken to alleviate the problem; the tree is creating a clearly identified danger or causing significant damage to the adopted highway / footpath network.

[16] e.g. from the local ecological records centre

[17] See also Local Nature Recovery Network Strategy

[18] Health and status as assessed in a report produced by an accredited arboriculturist

[19] National planning guidance identifies trees worthy of retention on amenity grounds (through use of a TPO) as those that are visible in part or whole from a public place and / or those with individual, collective, and wider impact (in terms of size, form, future potential, rarity, cultural / historic value, landscape contribution and / or contribution to a conservation area). Other factors such as value for nature conservation and climate change may also be considered.

[20] E.g., new infrastructure, non-residential development, town centre regeneration and other similar schemes

[21] The area of ground covered by trees when seen from above.

[22] England's Urban Forests; Using tree canopy cover to secure the benefits of the urban forest – Urban Forest and Woodland Advisory Committee Network

[23] This will be in the context of the requirements outlined in policies elsewhere in this plan on the role of trees in mitigating climate change and providing appropriate levels of shade and cooling.

[24] I.e., as close as possible to the site of the removed trees.

[25] The Arboricultural Clerk of Works is a suitably qualified arboriculturist acting on behalf of the developer. They will be engaged to monitor and oversee the implementation of the works required within the protection area of a retained tree / trees.

[26] See also the Woodland Trust's Emergency Tree Plan 2020 - How Trees Fight Climate Change

[27] Tree cover in Dudley is currently around 17% of the total area - Source National Tree Map Data

For instructions on how to use the system and make comments, please see our help guide.
back to top back to top