Trees and Planning Applications
Under the English planning system, local authorities have a statutory duty to consider the protection and planting of trees when granting planning permission for proposed development. The potential effect of development on trees, whether statutorily protected (e.g. by a Tree Preservation Order or by their inclusion within a Conservation Area) or not, is a material consideration that is taken into account in dealing with planning applications.
If you want to build near a tree you will need to provide certain information in line with the British Standard (BS 5837:2005) to support your planning application. Without this information your application is likely to be invalidated or refused.
The Council provides a guide which clearly sets out what steps you need to take to ensure that any trees near your construction are fully considered and protected. This guide can be downloaded for free from the link below or purchased through contacting the |Planning Department.
- |Trees and Development in Elmbridge - A Guide to Incorporating Trees in Proposals for Developing Land
It is likely however that you will need to seek professional advice. The Council provides a |list of arboricultural consultants who work in the area and are able to provide reports in line with the recommendations laid out in the British Standard and the Council's own requirements.
Planning Policy and Trees
Elmbridge Policy ENV11 states that where appropriate, the Council will require planning application to;
i. "Be supported by a full site survey, including, an arboricultural survey and report and/or, where necessary, an ecological and/or landscape assessment and analysis;
ii. Demonstrate that account has been taken of the existing landscape character and;
iii. Incorporate a landscape design commensurate with the character and scale of the development and locality."
Policy ENV12 states;
"Development will be refused if it would result in the loss of trees that are, or are capable of making, a significant contribution to the character and amenity of the area. Where planning permission is granted, conditions may be imposed to retain the maximum number of trees and to ensure their protection during construction."
The Council's Planning Validation Checklist requires the following information be submitted:
Tree survey/Arboricultural implications - Where there are trees within the application site, or on land adjacent to it that could influence or be affected by the development (including street trees), information will be required on which trees are to be retained and on the means of protecting these trees during construction works. For minor and major applications where trees might be affected, the application has to be accompanied by an Arboricultural Survey and Methodology Statement including appropriate tree protection measures. This information should be prepared by a suitably qualified and experienced arboriculturist. Full guidance on the survey information, protection plan and method statement that should be provided with an application is set out in the current BS5837 'Trees in relation to construction - Recommendations'. Using the methodology set out in the BS should help to ensure that development is suitably integrated with trees and that potential conflicts are avoided.
TPO's and Development
A TPO is not designed to stop development from taking place. It does, however legally protect trees on sites and allows the Council to consider the implication of the proposed development upon existing trees. Tree retention is just one issue that must be considered prior to the Council's decision to grant or refuse a proposal to develop a site.
