Tree Policy

Tree Policy

Includes links to legislation that either helps to implement latest policy, or undermines it (usually as a result of pre-dating policy).

links are in this column

This column contains a short introduction to the link.

Published 18th May 2021, "The England Trees Action Plan 2021 to 2024 sets out the government’s long-term vision for the treescape it wants to see in England by 2050 and beyond. The plan provides a strategic framework for implementing the Nature for Climate Fund and outlines over 80 policy actions the government is taking over this Parliament to help deliver this vision."


Orginally intended to be published late 2020, it resulted from DEFRA's Consultation to inform a new England Tree Strategy (19th June to 11th September 2020) which set out policy priorities to deliver an ambitious tree planting programme. The consultation explored expanding, protecting and improving our woodlands, and how trees and woodlands can connect people to nature, support the economy, combat climate change and recover biodiversity. Its intentions were to ensure that trees are established and managed for the many benefits they provide for people, the economy, the climate and nature itself.


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This consultation sought views on the UK government’s proposals to increase transparency and accountability in the process of felling street trees and to strengthen the Forestry Commission’s power to tackle illegal tree felling. The proposals were new duties on local authorities:

  • to consult on the felling of street trees;
  • to report on tree felling and replanting; and
  • best practice guidance to support local authorities in drawing up, consulting on and publishing Tree and Woodland Strategies; and
  • for the Forestry Commission, more powers to tackle illegal tree felling and strengthen protection of wooded landscapes.


A report was issued - link awaited.


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Local Tree and Woodland Strategy Toolkit

(DEFRA and Forestry Commission)

Published 1st December 2022, "The toolkit provides step-by-step guidance for local authorities to develop an effective trees and woodland strategy to realise the multiple benefits trees can deliver to their communities.". It can be found here on the Tree Council's website, which includes links to existing TAWS across the country.

As at the date of writing (26th April 2024) Chichester District Council does not have a Trees and Woodland Strategy. Its Local Plan drafting includes aspirations in relation to trees and the planning system. One of Chichester Tree Wardens' strategic objectives is to encourage the creation of a TAWS for Chichester.


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Launched in January 2023, Natural England's Green Infrastructure Framework comprises:


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West Sussex Tree Plan

(West Sussex County Council)

Published in December 2020, the West Sussex Tree Plan sets out the County Council’s approach to trees, both within its own ownership and within its sphere of influence. It has three strategic aims:

  • to maintain the trees and woodlands in the County Council's ownership;
  • to protect trees and woodlands from new development and other threats; and
  • to improve tree cover in West Sussex through natural regeneration, the planting of new trees, and the creation of new woodlands.


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Local Plan Review

(Chichester District Council)

Climate Change & Natural Environment Supporting Evidence can be found here, including the proposed Strategic Wildlife Corridors maps. The western edge of the Chichester City parish area (from Clay Lane through Salthill Park) is included within the SWC area, along with part of Brandy Hole Copse and land west of Centurion Way to the north of the Copse, as shown on the relevant map.


UPDATE: APRIL 2024

Indications are that work continues by CDC to update the Submission draft. Keeping track of progress/lack of progress has been difficult - you can read Chichester District Council's email updates (last 22nd November 2023) , and sign up to receive future ones, here.


The Preferred Approach version of the Chichester Local Plan Review was published for consultation from 13 December 2018 to 7 February 2019, but progress to Submission draft for Examination in Public by a Planning Inspector was slow. Consultation ended on the proposed Submission draft of the Local Plan at 5pm on Friday 17th March 2023. Summary reports of the representations received are now available to read in documents on CDC's website here. Find Chichester Tree Wardens' representations at pages 77 to 80 of the CDC pdf "Chichester Local Plan 2021-2039: Proposed Submission (Reg 19) Consultation: Summary of representations received – Respondent Order".


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Local Plan 2014-2029 (Adopted)

(Chichester District Council)

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"Conservation Area Character Appraisals help residents and the council to understand the history of an area and why it is special. They help shape future developments and planning policies, as well as giving residents an idea of what enhancements could be made."

The link gives access to download the latest Conservation Area Character Appraisals across the Chichester District and notes where these are under review. For ease of reference, we will copy and paste the Landscape and Trees" extracts for the Chichester CACA (version downloaded March 2023) in a separate webpage here.

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Climate Emergency

(Chichester District Council)

Chichester District Council declared a Climate Emergency in July 2019. Following appointment of a dedicated officer, its Climate Emergency Detailed Action Plan was approved on 19 January 2021. This and latest progress update can be found through the link (left). Details of the Tree Scheme that is one of the work strands can be found here.


CDC has a Public Facing Environment Panel. Consultation on the Second Climate Emergency Detailed Action Plan is expected in summer 2024 (as approved by Cabinet - Agenda Item 6 of its Meeting on 16th April 2024).


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Chichester Neighbourhood Plan

(Chichester City Council)

The Chichester City Neighbourhood Plan has been in preparation since 2019, but was disrupted by the covid-19 pandemic. The final version of the Chichester City Green Space Study by consultant Ethos Environmental Planning was published in October 2020 and can be found in the Document Archive.
Community involvement is ESSENTIAL to inform the draft Plan - find out how you can participate here.

Once prepared, the draft Neighbourhood Plan undergoes a scrutiny process and is subject to public Referendum. If approved, it is Adopted and becomes part of the suite of Planning Policy documents against which Chichester District Council (as local planning authority) must examine and determine planning applications. An adopted Neighbourhood Plan also entitles the adopting body (here Chichester City Council, as parish Council) to receive a greater proportion of Community Infrastructure Levy receipts from development in the Plan area.


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National Planning Policy Framework

(Ministry of Housing, Communities & Local Government)

The Department for Levelling Up, Housing, and Communities sought views on how new national planning policy might be developed to support wider objectives in a Consultation that ended at 11:45pm on Thursday 2nd March 2023.

This included seeking views on DLUH&C proposed approach to:

  • updating the National Planning Policy Framework;
  • preparing National Development Management Policies; and
  • how it might develop policy to support levelling up; and
  • how national planning policy is currently accessed by users.


The National Planning Policy Framework (NPPF) was first published on 27th March 2012 and updated on 24th July 2018, 19th February 2019, 20th July 2021, 5th September 2023 and 19th December 2023. It sets out the government’s planning policies for England and how these are expected to be applied.


The text of the NPPF can be found in an easy-to-use online indexed format at https://www.gov.uk/guidance/national-planning-policy-framework .

Note: paragraph 186 (c):
" development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons 67 and a suitable compensation strategy exists;".
(The Glossary gives definitions for Ancient or veteran tree; Ancient woodland; and Irreplaceable habitat.)


On 14th January 2022, Natural England and Forestry Commission published ‘standing advice’ that is a material planning consideration for local planning authorities (LPAs) to take into account when making planning decisions that affect ancient woodland, ancient trees or veteran trees.


Paragraph 136 backs up the England Trees Action Plan:

"Trees make an important contribution to the character and quality of urban environments, and can also help mitigate and adapt to climate change. Planning policies and decisions should ensure that new streets are tree-lined 53 , that opportunities are taken to incorporate trees elsewhere in developments (such as parks and community orchards), that appropriate measures are in place to secure the long-term maintenance of newly-planted trees, and that existing trees are retained wherever possible. Applicants and local planning authorities should work with highways officers and tree officers to ensure that the right trees are planted in the right places, and solutions are found that are compatible with highways standards and the needs of different users."


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Local Nature Recovery Strategy

(West Sussex County Council working in partnership)

"Local Nature Recovery Strategies (LNRS) are a statutory requirement from the Environment Act 2021. Their aim is to protect the important places for nature that are left, and identify the opportunities to restore or create it, where it can have the most benefit for wildlife and people.

 

"48 strategies are being prepared at the county level to cover the whole of England. There will be one LNRS for West Sussex and one for East Sussex covering Brighton & Hove. 

 

"Residents, community groups, land managers and organisations in Sussex will be invited to create shared priorities for nature’s recovery and identify the actions that can be taken to deliver them. These collaboratively produced blueprints will show where there’s a need and the appetite to recover important habitats and species to target funding, investment and action!"

(Text as at 26th April 2024.)


Get involved and/or check on progress at the Sussex Nature Recovery website.


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BS5837 was last published in 2012 and is under review:
"Areas which the revision will consider include root protection areas, how root protection areas can be assessed in more detail and how root protection areas should be calculated for veteran trees and ancient woodland. Guidance for arboricultural impact assessments will also be revised to take account of different methods of measuring impacts with consideration given to biodiversity net gain given the importance of trees for environmental protection such as providing shade, cooling and reducing flood risk.

The revision will also provide clearer guidance to ensure that future growth of trees is assessed and taken into account eg near buildings."

Comments closed 27th November 2022 and progress is still awaited.


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Legal Context for Tree Policy

(no link)

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These Regulations are the fifth commencement regulations made by the Secretary of State to bring into force specified provisions of the Environment Act 2021 (c. 30) on 1st January 2023.


"Section 102 makes amendments to section 40 of the Natural Environment and Rural Communities Act 2006 (c. 16). Section 40 places a duty on public authorities to have regard to the conservation of biodiversity when delivering their functions. The revisions to section 40 strengthen the requirement for public authorities, to assess how they can take action to conserve and enhance biodiversity, and then take these actions."


"Section 103 inserts a new section 40A to the Natural Environment and Rural Communities Act 2006, which requires local authorities and local planning authorities, excluding parish councils, to produce biodiversity reports detailing the action they have taken under the biodiversity objective set out in section 102. It defines, at a high level, the content of the biodiversity reports and their frequency. Additionally, it creates a power for the Secretary of State to designate other public authorities that are required to report, and to specify quantitative data to be included in the reports."


"Section 114 introduces Schedule 16, which makes amendments to Part 2 of the Forestry Act 1967 (c. 10) strengthening enforcement in relation to controlling the felling of trees."


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The implications of the Code for trees are explored in "Trees and Telecommunications", published October 2022 by the Association of Tree Officers and written by representatives from the Association of Tree Officers, Thames Valley Tree Officer Forum, West Sussex Tree Officer Group, Municipal Tree Officers Association, the London Tree Officers Association and the Arboricultural Association. The publication aims to support telecommunications companies, local authority planners and tree officers to avoid harm to existing trees (now and in the future) in the design of new telecomms infrastructure; and to address any conflict that arises between telecomms equipment and tree canopies.


A Freedom of Information Act request was made on 21st June 2023 to the Department for Culture, Media and Sport: "what thought was given to existing trees and safeguarding space for future trees in the telecomms projects you are supporting and explain how that has translated into regulation, funding conditions and practice". You can follow the progress of this request at WhatDoTheyKnow.


The planning application referenced as an example in this request is 23/01295/TCA (Notification of intention to reduce height by up to 3m on 1 no. Quercus robur tree (quoted as T3362) at Westgate Leisure Centre, Via Ravenna, Chichester PO19 1RJ).


See also Code of Practice on Wireless Network Development in England (updated March 2022).


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Code of Practice on Wireless Network Development in England (updated March 2022)

(Department for Science, Innovation and Technology; Department for Digital, Culture, Media and Sport)

"The Code of practice for wireless network development in England provides guidance to code operators, including the Mobile Network Operators and wireless infrastructure providers, their agents and contractors, local planning authorities, and all other relevant stakeholders in England on how to carry out their roles and responsibilities when installing wireless network infrastructure. It is also a useful tool for other interested stakeholders such as community groups, amenity bodies and individuals with an interest in mobile connectivity."


Paragraph 36 refers to the need to follow National Joint Utilities Group Volume 4; paragraph 39 provides guidance on mast positioning in relation to existing trees.


The National Joint Utilities Group, now Street Works UK, published Volume 4 of its Information on Street Works: Guidelines for the Planning, Installation and Maintenance of Utility Apparatus in Proximity to Trees back in 2007:

http://streetworks.org.uk/resources/publications/ .


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Content updated and links checked: 26th April 2024.

Please let us know if you find any incorrect links, or content that you think needs updating or adding.

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