Does anyone know the rules regarding large scale removal of mature trees/ hedgerows in relation to planning/ building? (1 Viewer)

[Andy Lakin]

When I visited my local patch last week I came across a large strip of trees some very mature and an adjacent hedgerow that had been cut down to ground level. The area in question has been earmarked for extensive building work for a few years but so far no changes have been made until now. It didn't look to have been done very professionally at all and I am clueless why it has been done if not to clear the land ready for building.The mature trees are oak and appear really old they have been very badly trimmed and it isn't obvious wether they are being totally felled or just butchered.

All very depressing and I feel totally helpless regarding wether anything can be done to prevent further loss or postpone the rest of the work until after the nesting season at least. Can anybody point me in the right direction regarding the relevant laws/ regulations. They have had all winter to undertake this work and obviously I didn't want the loss of any active birds nests to result from this. I appreciate that the laws/ guidelines are heavily in favour of the developers but there must be some restrictions surely!

No wonder the status of the U.K's birds is so dire if this is typical. As well as this on my patch a massive housing estate is being built, morons on motorbikes go wherever they like including habitat for Skylark, waders etc.There was a very large fire last year and I phoned 999 to get 3 fires put out on some quality rough grassland. Also developers stripped some quality rough grassland down to dare earth where previously there was a very healthy population of skylarks and mipits. it's never ending!
Regards
Andy

 

[Mike Crawley]

I don’t have a definitive answer but I would start with the local council or the councillor who covers that area (if you can work out who it is).

 

[Mono]

Unless there was a specific order in place on the trees there is nothing protecting them. There are laws concerning concerning bats, badgers and nesting birds but trying to prove they acting knowingly is very hard.

First port of call would be the local council to see if Tree Protection Orders were in effect, then if you suspect badgers or bats were involved then if you have a local badger/bat group then they might be worth consulting before going to the police.

 

[Richard D]

As well as TPOs. there can be restrictions if they're in a conservation area - I have to apply for permission to cut back trees in my garden for example.

 

[Paul Chapman]

If for instance someone has acquired an option over the land for future development, it is not unusual for there to be covenants put in place for the owner to keep the land "nature free" so prior to development there are no "nasty" surprises to prevent building. A type of biodiversity genocide clause. So it does not necessarily mean imminent development.

(It is really time that wildlife & conservation organisations woke up to commercial practices but sadly, personal experience has shown that they are more interested in commercial sponsorship and membership numbers than preserving biodiversity...)

All the best

Paul

 

[Andy Lakin]

Thanks for the replies. I would be very surprised indeed if there were any restrictions placed on the trees that have been destroyed.Also I don't get the obsession with farmers/ landowners clearing patches of suitable habitat around field edges that help support species that are struggling like Yellowhammers. What is the value in flaying the trees back around a very large fieldc? The part that they are putting a housing estate on held c60 Whoopers a couple of winters ago so that tells you what kind of quality habitat it was. Also there are a couple of very large grassy hills/ mounds from where the colliery spoil was and apparently they have some hare brained schemes planned due to getting money from somewhere.

AFAIK they are supposed to complete some mitigating measures when they develop anywhere with any value to wildlife but obviously that depends on if they have done proper surveys beforehand!

 

[foresttwitcher]

As other have said first port of call is the District / County Council Planning Department or Tree Officer / Arboriculturalist to see if a TPO or Conservation Area is in place.

The Forestry Commission require Felling Licences if more than 5m3 of timber is felled in any calendar quarter - if the trees were mature this would be easily exceeded. But if Planning Permission has been obtained this supersedes the requirement for a licence.

 

[Andy Lakin]

As other have said first port of call is the District / County Council Planning Department or Tree Officer / Arboriculturalist to see if a TPO or Conservation Area is in place.

The Forestry Commission require Felling Licences if more than 5m3 of timber is felled in any calendar quarter - if the trees were mature this would be easily exceeded. But if Planning Permission has been obtained this supersedes the requirement for a licence.

Thanks I will have a proper look into how this all works. There are so many bodies involved with various aspects of the environment. There was a Environment Agency employees in work the other day and he said they are only interested in our waterways and any vegetation within 5M of the boundaries of said waterbodies. I assumed, obviously wrongly that the Environment Agency would deal with issues such as this'

 

[Andy Adcock]

Usually, any planning applications are made public and copies, often nailed to trees or telegraph poles to ensure public awareness and give people chance to oppose any plans.

Unless this is private land, (and maybe, even if it is) criminal damage may have taken place.

 

[Ivydwg]

You might want to have a look on your Councils website, some have interactive mapping services were you can search for TPOs, Conservation Areas, planning applications etc

 

[Andy Lakin]

Apparently planning permission was granted in 2010 after initial objections regarding the loss of habitat. One of the conditions was that they have to create some alternative habitat for wildlife elsewhere. Am I right in thinking that they can create/ improve habitat wherever they choose ( as a mitigation measure) i.e it doesn't have to be near where they are building?

It seems a ridiculous system!

 

[Mono]

There is whole market in selling such land. I can see the upside in that land with high wildlife value is being secured from development but in many cases the "replacement" land is already of wildlife value there is still a net loss.

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[Ivydwg]

Apparently planning permission was granted in 2010 after initial objections regarding the loss of habitat. One of the conditions was that they have to create some alternative habitat for wildlife elsewhere. Am I right in thinking that they can create/ improve habitat wherever they choose ( as a mitigation measure) i.e it doesn't have to be near where they are building?

It seems a ridiculous system!

Hi Andy

Strictly the mitigation hierarchy must be followed: avoidance, mitigation, compensation.

Offsite habitat compensation should be the 'last resort'. Current policy from DEFRA is that offsite habitat compensation should be created within proximity to the site (i.e within the planning district). The current biodiversity Metric (3.1) applies penalties the further from the site the habitat compensation is located.

But there is of course subjectivity on when the 'last resort' threshold is passed, this is for the Planning Authority to determine in consideration of the planning balance.

 

[Andy Lakin]

Hi Andy

Strictly the mitigation hierarchy must be followed: avoidance, mitigation, compensation.

Offsite habitat compensation should be the 'last resort'. Current policy from DEFRA is that offsite habitat compensation should be created within proximity to the site (i.e within the planning district). The current biodiversity Metric (3.1) applies penalties the further from the site the habitat compensation is located.

But there is of course subjectivity on when the 'last resort' threshold is passed, this is for the Planning Authority to determine in consideration of the planning balance.

Thanks very interesting.