Object

Representation ID: 27660

Received: 24/03/2021

Respondent: Persimmon Homes (West Yorkshire)

Agent: Lichfields

Whilst the thrust of Policy EN3 in retaining trees wherever possible and providing for additional
trees and planting as part of new development is supported, the requirement for all new
developments to provide a fruit tree in every garden cannot be supported. Such trees provided within earlier phases cannot necessarily be protected during the construction of later phases, and trees provided within private gardens cannot be secured in perpetuity. There are also practical difficulties with tree planting in rear gardens which often also accommodate underground utility infrastructure inconsistent with the planting of trees.

This requirement is therefore considered to be unduly onerous and unjustified given the requirements for biodiversity covered in other draft plan policies and environmental legislation, and are unlikely to contribute to meaningful or long term biodiversity gains.

Section C: Hedgerows contains trees, but the policy is for Trees and Woodland, not hedgerows. Suggest that ‘and hedgerow cover’ is removed. Hedgerows are legally protected and inclusion in this policy is not necessary to ensure protection.
Section D: Application of this policy could cause potential problems for properties with relatively small gardens. The policy should be amended to specify planting in gardens above a particular size.
Section E: Application of this policy is problematic because there may not be sufficient space to accommodate three new trees for every tree that is lost, particularly on smaller development sites. Developers also risk planting trees onto semi-natural habitats that have equal if not greater value than planted trees in order to fulfil the requirements of the policy. The policy needs to be reworded to provide flexibility and indicate that planting will be expected unless there are over-riding reasons.
Section G: Could CBMDC serve notice of a TPO at any time before, during and after the period of a planning application? If mitigation or compensation significantly outweighs the loss of trees within a development site, for example to create other, more appropriate semi-natural habitats, then there is a risk of protecting trees of an inferior quality to what is being proposed in order to secure short-term objectives.