Crucial to the achievement of this objective are the twin requirements of: -

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3 Contents 1. Introduction Policy Context Existing Trees Considerations for Layout Design Protection of Trees Prior & During Construction Tree Preservation Orders Trees in Conservation Areas New Planting Species Selection Landscaping Forest of Mercia & National Forest Areas Conclusions & Checklist 13. APPENDIX A - Development Plan Policies 15. APPENDIX B - Important Facts about Existing 17. Trees Consultation Statement 19. Strategic Environmental Assessment/SA 29. 3

4 1. Introduction Lichfield District Council places sustainable development at the heart of everything that it is striving to achieve for the future. Sustainable development can be defined as development which meets the needs of the present without compromising the ability of future generations to meet their own needs. Crucial to the achievement of this objective are the twin requirements of: - a) Ensuring that existing trees and landscape features, with emphasis on the contribution they make to public amenity and natural habitat retention, are preserved and protected wherever possible in connection with development proposals. b) Ensuring that proposals for new planting form integral parts of development design and implementation processes, to achieve a high quality setting for development from both amenity and habitat provision standpoints. This document sets out policies and procedures designed to achieve these objectives. It requires developers and their agents/advisors to take a comprehensive view of tree issues at an early stage in the design process and to follow this through with clear procedures on site before, during and after the construction of new developments. It is hoped that these clearly documented policies and procedures will enable Lichfield District Council, as the Local Planning Authority in partnership with developers, to achieve a high quality and sustainable landscape via the development control process. This document also gives advice where new or additional tree planting is to be carried out. 2. Policy Context Planning Policy Guidance Note 1 General Policy and Principles, states that the government is committed to the principle of sustainable development which includes conservation of natural resources (wildlife, landscape, water and air quality). Good design is seen as a key component of sustainable development. Particular weight should be given to the impact of development on the character of areas recognised 4

5 for their landscape or townscape value. Applicants seeking planning permission should be able to demonstrate how they have taken account of design issues in their development proposals and that they have had regard to relevant development plan policies and supplementary planning guidance. The Staffordshire and Stoke - on -Trent Structure Plan , includes policies to both encourage new tree planting and protect existing trees, hedgerows and woodlands. These are included within Appendix A. The Lichfield District Local Plan adopted in 1998, includes policies to assist and support the implementation of the Forest of Mercia and the National Forest. Local plan policy EA 16 gives guidance on the amount of development related planting required in the National Forest area. The Plan also includes other non site-specific policies (Environment Policy E.3 and Development Control Policies DC.17 & DC.18) which are relevant to trees and landscape consideration in dealing with planning applications. The full text of these policies is included in Appendix A. Regard should also be had to national Planning Policy Guidance and Statements 3, 9, 17 and 25 as part of the design process. The Town & Country Planning Act gives the Local planning Authority a duty to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made by the imposition of conditions, for the preservation and planting of trees; and to make such orders (tree preservation orders) as necessary in connection with the grant of such permission. 3. Existing Trees New development can benefit from the retention of existing trees as they can enhance the environment by screening development, providing an appearance of maturity and improving the character of the area. Trees can make a valuable contribution to the visual appearance of a site and they should be incorporated into the planning scheme. There are many important facts to be taken into account when considering trees as part of development proposals. Appendix B gives further information on this. 5

6 Where a development proposal (either outline or in full) is likely to affect trees or hedgerows within a site, a tree survey will be required to indicate the following information: a) A plan showing the exact location of existing trees and hedges, including all trees within 10m of the development boundary as indicated by the red line on the submission. Tree tags should be used to number individual trees and should relate to an accompanying schedule. b) Details of the position of all buildings, walls, roads, drives, sewers, drains and services. c) Details of storage, site access welfare facilities and mixing areas. d) Tree species, diameter at 1.5metres above ground level, height and spread of canopy. e) Ground levels, particularly where changes are involved. f) Finished floor levels and heights of all buildings. g) Tree condition and remedial work required. Trees should be inspected and classified by a competent arboriculturalist before detailed plans are prepared for development. Trees should be categorised as suggested in BS Considerations for Layout Design The physical size of a tree can dominate a building, causing concern about its safety and the obstruction of light. In order to prevent physical damage to a tree and to avoid associated problems such as drain blockage and slippery surfaces, all buildings must be at least 5 metres away from the edge of the canopy of mature trees. Greater distances will be required between trees and structures, where the tree is not yet fully grown and in the case of residential development where the overshadowing of windows of habitable rooms and gardens needs to be avoided. Exceptionally, where it can be demonstrated that construction will not damage retained trees and that conflict will not arise on occupation, the Council will consider development closer than the above-mentioned distances. 6

7 5. Protection of Trees Prior to Construction & During Construction The best time to carry out tree removal and surgery is immediately before contractors enter the site, but due consideration needs to be given to the provisions of the Wildlife and Countryside Act 1981 before work is carried out in the nesting season. Similarly, if you think trees are being used as a roost by bats advice should be sought from English Nature or your local bat group. Advice on the timing of works for certain species such as Walnut should be sought from your Arboricultural Consultant or Contractor. Trees on development sites should be protected at all stages of development as they may be damaged or felled in a few minutes after taking many years to reach maturity. Even when the site is vacant, damage may occur from waste tipping, interference with the drainage system or even by children or animals removing the bark or breaking the branches. British Standard 5837 (1991), Trees in Relation to Construction provides clear guidance on this matter. The submission of a planning application will require a method statement for all works proposed near trees. Some sites may require the submission of an Arboricultural Method Statement which may include the employment of an Arboricultural Consultant to monitor all tree works and protection measures throughout the course of the development. Early consultation with the Council is recommended to establish if the site requires this level of input. In order to avoid damage to existing trees, the following precautions should be taken during development operations: a) Before construction commences, trees should be fenced to the approved specification to prevent the storage of materials, lighting of fires or excavations, erection of site accommodation, deposition of waste due to tipping or leakage, ground compaction by traffic or any other actions likely to affect the health of the tree. Details of the fencing should be approved before work commences. The position and type of protective fencing must be specified on the approved plans and must conform to BS5837 unless 7

8 otherwise agreed by the Council. Protective fencing will be covered by a condition attached to a planning approval and the Council will use Breach of Condition Notices where necessary. Protective fencing should be properly maintained during construction to provide adequate protection. b) The site should be inspected frequently during works to ensure that trees are not being damaged Where excavation works near the trees are unavoidable, all excavation should be carried out by hand in order to minimise the disturbance to the root system and be supervised by a qualified arborist. Contrary to popular belief, the root system of most trees tends to be very shallow and radiates out for considerable distances, often outside the crown spread of the tree. As most of the root system is located in the top two feet of soil, even shallow excavations or minor changes in soil level can adversely affect the health of the tree and can render it unstable and a liability to the development. It is therefore essential that the root system is adequately protected before any construction begins. 6. Tree Preservation Orders Many trees in Lichfield District are protected by a Preservation Order. These are trees of a high amenity value or which have a significant impact on the environment and have been identified by the Council and protected by an order. Where a Tree Preservation Order (TPO) is made under Section 198 of the Town and Country Planning Act, 1990, the tree or group of trees are identified on a location plan. Copies of the order are served on the owners of land upon which the trees are growing, and on the owner/occupiers of affected adjoining properties. Details of which trees are protected can be obtained from the Implementation Section of Development Services at District Council House, Lichfield. Once an order has been made, the consent of the Council is required before a tree may be pruned or felled. In certain circumstances, it may be agreed that pruning or removal may be permitted in order to accommodate development, but the TPO enables the Council to control these actions and to obtain new planting to replace trees which are removed. 8

9 If a tree is cut down, uprooted, wilfully destroyed, deliberately damaged, or pruned in a manner likely to destroy it, in contravention of a TPO, the responsible person is liable to be prosecuted and a substantial fine payable. 7. Trees in Conservation Areas Trees in Conservation Areas are also subject to special provisions (Town and Country Planning Act 1990 (sec 211)) and Town and Country Trees Regulations 1999) Anyone wishing to fell, prune or uproot trees in a Conservation Area, unless they form a hazard to public safety or are already covered by a Tree Preservation Order, must give the Council six weeks notice. Work must not be carried out within that period until the Council has confirmed it has no objection to the works, otherwise penalties may be incurred. The Regulations made under this Act give certain exemptions from this requirement, and applicants are advised to contact the Arboricultural Section if they are in any doubts about the procedures 8. New Planting Planting of new trees, woodlands and hedgerows may be required by the District Council when development takes place, in accordance with the physical characteristics of the site and Policy DC.18 of the adopted Local plan as set out in Appendix A. Trees have a finite life span, they do not live forever and will eventually die of old age, disease or from accidents due to bad weather. It may be necessary or desirable to replace certain unsafe trees, and planting schemes should take this factor into account. Any replacement trees will need to be of an appropriate size and species relative to the site and this should be agreed with the Arboricultural Section. In the case of replacement tree planting the Council will require, wherever practicable, the replacement on the basis of two new trees for each tree lost (except in the case of trees in woodlands where 10 trees for each one lost will be required) Where a development site contains mainly older trees, new planting will normally be included in the landscaping conditions for the site. The most desirable state, is to aim for a mixture of young, middle-aged and mature trees on any one site and provision should be made for new planting to eventually replace older specimens. 9

10 Provision for new tree planting should be made at the earliest stages of design. The layout plan must provide adequate space for the full growth of trees. This factor is governed by the amount of open land on the site and the use made of this open land. The future use of the development, the choice of species and the location of planting are influenced by physical and technical restrictions. In order that trees do not interfere with buildings to such an extent that their removal may be necessary, the following considerations should be taken into account. (a) The dimensions of the fully-grown tree and whether it will shade windows and gardens during its growth. (Careful choice of species and siting will reduce the need for pruning) (b) Trees should not be planted over underground services or drains or under overground services due to possible disturbance/interference and the need to access services in the future. (c) Avoid heavy leaf fall trees, such as horse chestnuts, near roads, car parks and footpaths where slippery conditions could be dangerous. These trees should also be kept away from gutters and drains. (d) Similarly, trees such as limes and sycamores are affected by sugar-secreting aphids. These trees should also be avoided in car parks or near seating areas. (e) Careful consideration should be given to species choice and locations where soil testing confirms the presence of shrinkable clay. (f) The shape, size and colour of trees should be carefully considered in relation to the design, size and layout of the buildings as a design feature. 9. Species Selection Tree species selected should be suitable for conditions present on site, both above and below ground. Consideration should be given to the following factors. 10

11 (a) Soil and ground conditions: texture, soil acidity/alkalinity, water availability, seasonal variations and pollutants. (b) Climate: general climatic conditions, extremes of temperature and precipitation, exposure to wind. (c) Atmospheric pollution. (d) Light availability. Native species should be considered for use where appropriate. In addition, plants should be chosen to be in harmony with their surroundings. Attention should be paid to ultimate size and foliage characteristics. 10. Landscaping Trees can be used for their own beauty, but their maximum value is obtained when they are used to compliment existing architecture and grouping of buildings or used in a functional design role for: (a) Screening of wind, noise and unsightly views. (b) Beneficial environmental effect, such as wildlife, shade and shelter and atmospheric improvement. (c) Accentuating height or natural contours. (d) Breaking up flat landscapes and adding points of interest. (e) Forming a backcloth to the buildings to relieve rooflines. (f) Filling in the space between buildings to add interest and focal points and to complete an otherwise disjointed layout. (g) Extend a woodland by linking up existing trees on adjoining land with new planting. 11

12 The presence of trees can enhance the appearance and quality of almost any type of development, and the existence of mature trees on the site can help to give an instant appearance of maturity to new buildings. Many of the opportunities for new tree planting, particularly in urban areas, arise from the development of land. The Council will require satisfactory landscaping as part of development proposals. In order to ensure that landscaping forms an integral part of the development, it is important that landscaping details are submitted to the Council with planning applications. The proposed development and its surroundings will influence the basis for landscaping and tree planting. Landscaping schemes can assimilate the development into its setting and also improve the immediate surrounding of the new buildings. Tree planting and landscaping must not be considered as an afterthought to development, but as an integral part of the scheme. With any tree planting and landscaping works it is important that the trees and plants are maintained. The Council will normally impose conditions or enter into agreements to secure the long-term maintenance, and it will be the developer and owners of the land who will be obligated to ensure compliance. All landscape work required by planning permission must be carried out to the satisfaction of the Director of Development Services. Failure to adhere to these requirements may result in both unacceptable damage to existing trees and minimal and inappropriate new landscaping, which does little to improve amenity, and is of little value for wildlife. 11. Forest of Mercia & National Forest Areas There are two significant forestry initiatives which are included within the District Council s boundary. The District Council will support and assist in the implementation of the Forest of Mercia and the National Forest and where development schemes fall within these areas it is expected that new developments provide appropriate planting schemes which will contribute towards the establishment of these forests. Any 12

13 development will be expected to make on-site contributions or else to make contributions towards the provision of off-site planting as set out in the draft Planning Obligations Supplementary Planning Guidance published by the District council in August Conclusions & Checklist of Requirements for Submission of a Planning Application Conclusion Trees are a vital component in maintaining the quality of the landscape in Lichfield District. Trees and woodlands enhance the environment and make a valuable contribution to the character of the area. They do this in a number of ways: by screening unsightly structures and activities; by providing shelter and shade; by helping to define and structure spaces and by framing and consolidating views. Trees also form an important habitat for a wide range of wildlife and are instrumental in encouraging animals and birds into an area. Trees also play a significant role environmentally by absorbing carbon dioxide and releasing oxygen into the atmosphere, helping to clean and filter the air of dust and pollutants. In addition to encouraging new planting to improve the landscape and soften hard development, the Council wishes to preserve and enhance existing trees and hedgerows. This guidance therefore aims to provide advice for developers and landowners where there are existing trees to be protected and integrated into the development, or where new or additional tree planting is to be carried out. The advice will be used in the consideration of planning applications and in support of planning conditions. To assist this process the following checklist can be used to ensure that all the information required on trees and landscaping is submitted as part of a planning application for a site. Without the requisite information it will not be possible to register the application. Checklist Does Your Scheme: - 13

14 Include a tree survey? Take the findings of the tree survey into account? Show existing and proposed ground levels? Include detailed landscape proposals? Include a specification and show the position of protective fencing on the landscape plan? Show the locations of existing and proposed over and underground service runs? Avoid any temporary or permanent construction or activities which might injure trees? Include method statements for all work proposed near trees? Show a full layout of all buildings, paving structures, services etc and trees and their canopies on the same plan? Contacts Please telephone Gareth Hare on or Portia Howe or developmentplans@lichfielddc.gov.uk if you require any further information, or if you would like to be sent further copies of the document. This document is also available to view on our website: 14

15 APPENDIX A Structure Plan Policies NC11 Establishment of Trees and Woodlands The extensive planting of trees and new woodlands will be sought, in appropriate locations, and to established standards of design. Emphasis will be placed on the use of native broad-leaved species where suitable. In areas identified as preferred for an extension of woodlands planting, development proposals should include provision for tree or woodland\ planting which will create an appropriate woodland setting. In and around the larger towns, measures will be taken to encourage and promote urban forestry. NC12 National and Community Forests Within the National Forest and Forest of Mercia, opportunities will be sought for the planting of woodlands with public access, subject to environmental constraints. Within the rural areas of each, development, including appropriate recreational development, which facilitates their use as a woodland resource and which conforms with other Development Plan policies, will be permitted. All development proposals should respect the woodland setting and provide appropriate landscaping and tree planting which reflects the forest context. NC13 Protection of Trees, Hedgerows and Woodlands Measures to improve the management and conservation of existing woodlands and important trees and hedgerows, including those in urban areas, will be supported. Development or land use change will only be approved where it would not result in the loss of, or significant damage to ancient woodlands, and will not have an unacceptable adverse effect on other woodlands or hedgerows which contribute significantly to landscape character and quality or to the meeting of biodiversity targets, unless it can be demonstrated that there are reasons for the proposal which clearly outweigh the need to safeguard the site. Where, exceptionally, such a woodland or hedgerow is lost to development, the developer should incorporate or provide for such compensatory planting as is appropriate and feasible in order to minimise the loss of an environmental resource. Schemes for the planting of a new woodland should include subsequent management. E.3 Trees and Woodlands Local Plan Policies The District Council will protect visually and ecologically important trees and woodlands, in appropriate cases, through the making of Tree Preservation Orders. In considering planning applications and through the Forest of Mercia and Lichfield Countryside project the District Council will encourage practices which maintain the quality of important hedgerows. Development proposals which would result in the loss of or damage to visually and ecologically important trees, woodlands and hedgerows will not be permitted except where necessary to implement other Plan proposals and the development provides an appropriate replacement either on site or on adjoining land as may be agreed. The District Council will not permit development that would result in 15

16 the loss of or damage to an ancient woodland unless it can be clearly demonstrated that there are reasons for the proposal which clearly outweigh the need to safeguard the intrinsic nature conservation value of the site. DC.17- Existing Trees and Hedges on Development Sites The District Council will require the retention, protection and conservation of established and mature trees and hedges on development sites unless it is shown that they are seriously diseased or dangerous. The Council will require that: - 1. The proximity of development to existing trees and the protection of existing trees on development sites shall be in accordance with BS.5837: 1991 guide for Trees in Relation to Construction and foundation depths will be in accordance with NHBC standards Chapter 4.2 and take into account likely growth of surrounding trees. 2. Development shall be located to ensure long-term day lighting free from obstruction. 3. The layout of new development shall wherever possible integrate existing trees and hedges within the development. Where a tree is required to be taken out for any purpose, replanting will be required in an appropriate location within the site. The Council will require the applicants to commission a survey of the trees on the site by a suitably qualified and experienced arboriculturalist and will include conditions on any permission granted requiring proper maintenance and management of trees. Tree surgery shall be to BS DC.18 New Tree Planting on Development Sites Tree planting shall be carried out to the requirements of BS.4428 or 4043 as appropriate. 16

17 APPENDIX B Damage to trees is often due to a lack of understanding of how easily they can be harmed by nearby activities Tree roots are most vulnerable to damage but because they are out of sight, their needs are frequently ignored. Although damage to branches can be unsightly, damage to roots can affect the health and safety of the whole tree. There is almost as much of a tree below the ground as there is above it The volume of roots is in direct proportion to the volume of the crown Trees do not normally have tap roots but a mass of rapidly subdivided fibrous roots normally extending well beyond the edge of the outermost branches Their roots are always shallow and often spread beyond the edge of the canopy. The health of a trees root system is vital for its long-term well being. Any activity, which affects the soil structure, damages or kills the fine roots or which alters the balance of moisture oxygen and nutrients within the rooting zone will affect the whole tree. 90% of the roots are within the top 600mm of the soil where the levels of moisture oxygen and nutrients necessary for survival are found. Severance of roots within 3m of the trunk will not only kill all the feeding roots beyond but will also affect the trees stability and may make it dangerous. Excavation within the canopy that does not sever any major roots may also make the tree unstable due to the function of the roots binding together a mass of soil, producing a counterbalance to the upper parts of the tree. 17

18 Trees do not normally have tap roots but a mass of rapidly subdivided fibrous roots normally extending well beyond the edge of the outermost branches. 18

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20 SUPPLEMENTARY PLANNING DOCUMENT TREES AND DEVELOPMENT STATEMENT OF CONSULTATION Introduction This statement is a summary of consultation that has been undertaken by Lichfield District Council in respect of the draft Supplementary Planning Document on Trees and Development. The content of this statement has had regard to the provisions of the Town and Country Planning (Local Development) (England) Regulations Background A report was taken to the Council s Development (Overview & Scrutiny) Committee on 7 th October 2004, seeking approval for consultations to be carried out on the draft SPD and its accompanying sustainability appraisal which was undertaken in accordance with the methodology contained in the SEA/SA Scoping Report produced in October The committee report on the draft SPD explained that the existing tree stock in the District is a valuable asset, which needs to be conserved in a positive manner. Much of the District has suffered some loss of mature tree cover and it is important to prevent further significant losses. The proposed supplementary planning document is designed to ensure less conflict between the environment and development. The guidance illustrates how trees can be a positive element in the design of new development and summarises the information about trees that the Council will require on submission of a planning application. Consultation The consultation period began on 9 th December 2004 up and ran until January 28 th A public notice was placed in the Lichfield Mercury on 9 th December 2004 setting out the availability of the draft document at the following locations: the District Council House, Frog Lane; Lichfield Library; Burntwood library; Mobile Library; Old Mining College Centre and local offices. The draft document was also available on the Council website with a direct link from the homepage for ease of access In addition to this general consultation notice some 300 consultees from the development plan database were notified of the commencement of the consultation period. These consultees included all those referred to in Appendix 2 of the Statement of Community Involvement and others who would have an interest in the document including landowners, developers, agents, interest groups and specialists. Consultation responses In total 15 responses were received totalling 79 separate comments. The attached schedule summaries the points raised. The third column in the schedule gives the District Council response to the points raised and 19

21 highlights where changes have been made to the draft document in response to comments received. There have been no major changes made to the draft document but there have been a number minor changes to wording to as requested from consultees. Conclusion Throughout the preparation of the SPD internal and external consultation has played a key role and every effort has been made to consult with the appropriate bodies to ensure that the document incorporates the most up to date legislation is easily understood and can be used as an effective development control tool. 20

22 Consultee Responses to the Trees and Development Draft Supplementary Planning Document Consultee Consultee Comments Lichfield District Council Response Network Rail, Tom Lambshead, Text to be amended to include reference to planting near to Bristol and Exeter railway lines and the relevant House, Lower contact number. Approach Road, Temple Meads, Bristol, BS1 6QF David Wall, 67A Western Road, Lichfield, Staffordshire, WS13 7PA Section 4 Considerations for Layout and Design comments in part C that care should be taken to avoid traffic hazard. Care should also be taken to avoid trees becoming a hazard to trains, particularly where overhanging lines or obscuring railway signals a first contact for queries on planting trees near railways is Section 8 New Planting comments how care should be taken when planting new trees. A criterion should be added to encourage suitable planting near railways, for example careful consideration should be given to species choice and location when planting alongside railway property or similar. In general supports Planning Guidance for Trees and Development and its aims, however they do not go far enough. Concern is expressed about section 3 Existing Trees. It should not be assumed that dead or dying trees are to be of no value to the environment, habitats or biodiversity. Concern also for the ease at which trees are deemed dangerous and hence able to be removed. The public have lost many trees to benefit developer s ventures. Dead and dying trees can be both structurally sound and have great environmental value. Section 4 Considerations for Layout and Design part A on restricting overshadowing by trees in private gardens should not be applied in every case. Section 4 Considerations for Layout and Design part C stating Text to be amended to include reference to planting near to railway lines and the relevant contact number. Guidance does not assume that dead or dying trees have no environmental value. Categories used are as per BS5837. Details such as this are carefully scrutinised at the Application Stage. This is accepted and where possible dead trees are retained. Overshadowing is very carefully considered by the Arboricultural Officers. While it is accepted that some shade is desirable it is not generally possible to achieve this with modern garden sizes. Does not take precedence but careful design can eliminate 21

23 Curborough/Elmhurst /Farewell/Chorley Parish Council, Springfield House, Springfield Gardens, Lichfield, Staffordshire, WS13 7BJ Sport England West Midlands, 5 th Floor Mo 3 Broadway, Five ways, trees causing traffic hazards and obscuring lighting should be avoided is important to consider but should not take precedence over landscape value or biodiversity. Section 5 Protection of Trees Prior to Consultation and During Construction paragraph 1 refers to certain species such as Walnut there should be a more detailed list of species available. Section 6 Tree preservation Orders should also include a statement insisting that replacement trees/hedges should planted where preserved trees are removed without permission in addition to a fine or penalty. Section 9 Species Selection should also include the importance of trees supporting other species of plants and animals. Trees are important for providing a path way for birds and other creatures connecting habitats. No reference has been made to trees as part of a hedgerow and trees in the form of a hedgerow. No reference has been made to the protection of trees and the surrounding area after the initial development of a site, for example parking making soil more compact or damaging root systems. Section 8 New Planting The Parish Council does not see why it is necessary to plant two trees for every one old tree lost. Section 8 New Planting part C commenting on heavy leaf fall does not take into account the current problem of slippery conditions due to leaf fall. Section 8 New Planting part D commenting on trees in car parks should consider the trees in Bird Street Car Park need new growth at the base of their trunks to be pruned regularly. Further tree planting in the National Forest and Forest of Mercia may provide opportunity for improved access into the countryside and any schemes, where possible problems. This is just an example of a sensitive species. No justification for the inclusion of what could be a very long list Agreed as included in statute. Text to be amended. Text to be amended to make reference to the use of native species where appropriate. Agreed but not a point for SPD. Deals with trees on construction sites regardless of situation. This can be negated through good design. No action required. To compensate for losses in Establishment period. Problems can be prevented at design stage. As above. Comments noted. Lichfield District Council fully support both initiatives 22

24 Birmingham, B15 1BQ Central Networks, Pegasus Business Park, Castle Donnington, Derbyshire, DE74 2TU Burntwood Town Council, Burntwood Library, High Street, Chasetown, Staffordshire, WS7 8BX L A Bushell 9 Cherry Orchard, Lichfield, WS14 9AN should incorporate footpaths and in some cases recreation/sports facilities. Section 8 New Planting should also include a section stating that trees should not be planted beneath overhead services due to possible disturbance to the service when the tree reached maturity so to not cause interference to electricity supply and inconvenience to customers. The report and proposals are generally supported. Where trees are to be removed before a development takes place should be conditional upon the replanting of trees where appropriate. The District Council should consider areas not currently being covered by TPO s which would benefit from such protection. The District Council should take a more proactive approach with regard to the protection of trees with existing TPO s The rooting system of trees should also be carefully considered. The necessity to ensure tree/hedge issues are considered at the earliest possible stage in the design process cannot be overemphasised. In the recent past hedges and trees have been lost or damaged with out penalty. It is not sufficient to state that new landscaping will compensate. Insufficient attention is given to the loss of urban fringe land. For example if the id developed beyond the proposed Southern Bypass it is important to retain the current area of the Darwin Walk. No reference is made to Hopwas Hayes Wood or Sloppy Wood both of which contain elements of ancient Woodland. Overemphasis is given to the Forest of Mercia and National Forest. Currently the Himalaya Balsam threatens the real Bluebells, and also the woodland fringe by the adjacent canal. Different woodland Agreed. Text to be amended as follows: add after over underground services or under over ground services unless mature height is less than service height. Agreed. This is usually the case. This work is undertaken by the arboricultural team As above. This is already dealt with in the SPD. Trees and Hedges are considered at early stages of planning. One cannot eliminate problems with unscrupulous developers or chain of command breakdowns. Not relevant to this SPD. Not relevant to this SPD. Not relevant to this SPD. 23

25 Lichfield City Council City Council Offices, 53 Wade Street, Lichfield, Staffordshire WS13 6HL GOWM, Northern Division, management promoting the planting of broadleaf species would be desirable. Section 3 Existing Trees does not stress the importance of after care when development takes place. Developers do not pay sufficient attention to the protection of existing trees. Enforcement should be a priority and penalties incurred. Trees in conservation areas are not always given sufficient protection or subject to public consultation. For new planting, advice should be given to developers. Local woods of Hopwas, Sloppy, Whittington and Tomhay should be afforded greater protection by inclusion into the Forest of Mercia and Beyond There is a lack of attention given to local hedgerows and there removal should incorporate greater public consultation. Information leaflets would be desirable related to all these issues available to developers and the public. Section 4 Considerations for Layout Design part C should include and highway signage after street lighting Section 5 Protection of Trees Prior to Construction and During Construction part B should state whose responsibility it is to inspect the trees. Clearer advice should be given on species of trees to be planted which do not affect building foundations. Needs to be some physical identification of protected trees on site during development. Mention should be made of the need to remove tree stumps to prevent diseases such as honey fungus. Section 7 Trees in Conservation areas should clarify which Act and This is dealt with by conditions. This is dealt with by Enforcement. Enforcement is seen as a priority. As above. Advice is currently given. Not relevant. Leaflets will be available. (Condensed from SPD) Agreed. Text to be amended. By inference both LDC and developers. Advice is given by LDC as part of the planning application consultation process. Further advice is available from the NHBC. As specified protected trees should be fenced off during construction and can be identified in this way. This is not always possible or desirable. Agreed. Text to be amended to include reference to the relevant 24

26 5 St Phillips Place, Birmingham, B3 2PW Woodland Trust, Autumn Park, Dysart Road, Grantham, Lincolnshire, NG31 6LL Regulations are being referred to. Section 1 Introduction is not clear whether this document is concerned with individual trees or groups of trees. Is there is to be no separate document for woodland this document should be re-titled Trees, woodland and development The text of the document appears to concentrate mainly on the practical issues relating to development works close to trees, whereas it is suggested that is should also fully consider the policy issues as they effect the design process prior to a planning application and/or implementation. They would like to see section 1 amended to include reference to woodlands and trees. Sections 3 Existing Trees like to see reference to the importance of ancient trees as cultural, historic and biodiversity features. Trees make significant contribution to the urban environment in both visual terms and helping to abate air pollution. The Ancient Tree Forum (ATF) would like to see all ancient trees scheduled under TPO s and highlighted in plans so they are properly valued in planning decision making. The ATF would like to see commitment to auditing fully the ancient tree resource of Lichfield in order to identify any trees, which should be given protection and sympathetic management. Section 3 Existing Trees If this document can be expanded to include woods as well as trees there should be reference to protecting habitat of ancient woodland. Section 9 Species Selection should support the use of native broadleaf trees of local provenance as good practice for new planting. Section 10 Landscaping should include reference to the Woodland Act and regulations. No need to add this in. The document deals with the issue adequately. Policy issues to be addressed through the emerging Core Strategy and Development Control policies development plan documents. As above. Not relevant to this SPD. This is appreciated and is one of the reasons the SPD has been written. Not relevant. Any trees on development sites will be taken into account. No resources available to carry this out. No expansion to this SPD considered necessary. Already a consideration. Not necessary. 25

27 Paul Tame Regional Environment and Land Use Advisor, National Farmers Union, Agriculture House, North Gate, Uppinham, Rutland, LE15 9NX Judith Moore Cannock Chase AONB Officer, Cannock Chase AONB Unit Shugborough Park Farm, Milford, ST17 OXB English Nature, North Mercia Team, Attingham Park, Shrewsbury, SY4 4TW Trust s recent publication Space for Nature. The title Landscaping should be changed to recreation and amenity This document should include the Woodland Trusts strategy woodland access standards of; no person should live more than 500m from at least one area of accessible woodland of no less than 2ha in size and there should also be at least one area of accessible woodland no less than 20ha within 4km of people s homes. Section 12 Conclusions needs reference to the role of woodland in enhancing people s quality of life generally and in particular their health. The requirements for the survey work set out in the draft SPG in relation to small-scale developments that affect one tree or short stretch of hedge are extremely onerous. Most landowners would have to employ specialists to complete the survey, which would be costly. The council should apply this requirement only to medium and large-scale developments. Special care and attention is needed when considering existing trees and new planting and their roles in AONBs. The landscape importance of trees should also note the biodiversity impact and refer readers to advice on this. Bats may make use of trees for roosting and old or dead trees provide cracks, crevices and cavities, which provide roosting sites. Any survey should include the likely impacts upon the bats. Ian McDermott There should be an appendix with an example drawing in showing the applicant the best practice example There are requirements for storage, site access, welfare facilities and mixing areas to be shown. The applicant should be referred to Not appropriate for this document to be considered as part of open space and biodiversity SPD s. This document deals with the immediate issue of the preservation of trees on construction sites. Trees and Development SPD not woodlands and people. Accept that this should be at LDC discretion based on the particular characteristics of the site. Reference needed to Biodiversity Strategy and possibly AONB. Bats are protected and any development that compromises this protection requires a licence from DEFRA. Mitigation should take place to ensure that the population is maintained. Agreed. Drawing to be included. Agreed. Text to be amended. Agreed, Text to be amended. 26

28 the BRE Sunlight availability calculator as an example of how you will calculate what is and what is not acceptable sunlight loss due to shading Should not refer to BS dates- the new one will be out very soon. Might be easier to just state the current BS6837 for example. Section 2- there is no mention of policy guidance. Section 3 A should include a statement like all trees within 10m of the development boundary as indicated by the red line on the submission. Section 3c should be diameter and not girth. Section 3G- these colours will be changed in the new BS making this section out of date. Section 3 should include reference to the retention of dead wood for ecological reasons. Section 4 First paragraph would exclude much land from the development that could be argues in appeal as being unreasonable. A garage for example would not have shading problems unlike a residential property. Section 4B there is no difference between hand digging and machine digging if all roots are to be cut off anyway. Section 4D should read crown spread not root spread Section 7 4 th line read within or until? Section 8 1 st line will or may Page 17 DC18 standards are not good enough for modern arb. Refer to ISA. Page 18 last paragraph needs rewording. Severance of a root within 3m may kill a large proportion of feeding roots and may destabilise the tree. Page 19 needs a better picture try the one on the front of The Landscape Underground. The National Forest Page 5 paragraph 4 is an omission that there is no reference to the Local Plan Policy EA-16- The Agreed. Dates to be removed from text. Agreed. Text to be amended to make reference to national policy guidelines. Agreed and text amended. Agreed. Section on colour codes to be removed. Agreed. Agreed. Text to be amended to include at the end of the paragraph unless it can be demonstrated that damage will not be caused to the tree due to construction and that conflict will not arise on first occupation. This section considers the installation of services except storm drains and sewers. Agreed. Text to be amended. As written within that period. Agreed. Will to be changed to may. Agreed. Paragraph in Appendix B to be reworded. Consider that drawing is illustrative and adequate. Agreed. Page 5, para 4 add Local Plan Policy EA16 (also include in Appendix A) refers to 27

29 National Forest. There should also be reference to the planting guidelines set out in The National Forest Strategy Page 8 Final Paragraph first sentence states that trees should be fenced to the approved specification. It should be made clear what this specification is. Page 10 paragraph 3 two trees lost is too low, should be 10. Page 12 species selection should have the added point: species relevant to the landscape and ecological character of the area. Page 13 National Forest Area should refer to the National Forest Policy. This will make development related contributions explicit for the forest area and will give clarity to developers from the outset. amount of development related planning required. Approved by LDC usually BS5837 Text to be amended to include reference to the consideration of native species where appropriate. Agreed. Page 5, para 4 add Local Plan Policy EA16 (also include in Appendix A) refers to amount of development related planting required. 28

30 Strategic Environmental Assessment /Sustainability Assessment Methodology Environmental/ Sustainability Criteria or Factors The key task in carrying out the SEA/SA is to measure or assess the details of the Supplementary Planning Document against a set of factors or criteria. The impact of policy direction against this set of factors will enable an assessment to be made on whether that particular policy detailed meets the desired outcomes towards or away from environmental objectives and sustainability. As these factors form the basis of the appraisal they need to be comprehensive and ensure that all aspects of sustainability and matters relating to the environment are taken into account. The twenty factors used for this appraisal take account of the identified Strategic Environmental Assessment Objectives and are based on factors that have been tried and tested by a number of other local authorities and have been proved to be impressively robust over time. At this stage we have followed a format whereby the policy details are identified and assessed against the sustainability objectives. For each detail the likely effect on the existing baseline of the District will need to be determined as accurately as possible. An assessment will be made as to whether any change will occur, and if so whether the effect will be positive, negative or neutral. The factors are listed at Table 1 along with the examples of the possible range of issues to consider in appraising policy details against the factor. There is also a checklist indicating the desired outcome for the document. Undertaking the Appraisal The appraisal of this Supplementary Planning Document has been undertaken by the Sustainability Appraisal Working Group consisting of members of the development plans team and other officers of the Council who have not been directly involved with policy formulation. Recording the Appraisal Each of the factors is assessed against each identified detail in order to gauge the effect the policy is likely to have and therefore help in the move towards or away from the objectives of sustainable development. The information is recorded as: ++ Significant, beneficial/desirable effect. + Marginal, beneficial/desirable effect. -- Significant negative/undesirable effect. - Marginal negative/ undesirable effect.? Uncertainty over effect. D Depends on implementation An empty cell denotes no effect. 29