Replacement Calderdale UDP : Adopted 25 August 2006 (as amended August 2009)

Replacement Calderdale UDP : Adopted 25 August 2006

• Foreword
• 1 Introduction
• 2 Calderdale in Context
• Strategic and Core Part One Policies
• 3 Guiding Principles and Key Themes
• 4 Employment, The Economy, Tourism and Regeneration
• 5 Housing
• 6 Retailing and Town Centres
• 7 Open Space, Sport and Recreation Facilities
• 8 The Built and Historic Environment
• 9 Transport
• 10 Infrastructure, Education and Community Facilities
• 11 Natural Environment and the Countryside
  • Introduction
  • The Green Belt
  • The Area Around Todmorden
  • Protected Land
  • Special Landscape Area
  • Nature Conservation
  • Trees and Woodland
    • The Planting of Trees and New Woodland
    • Appropriate Locations for Tree and Woodland Planting
    • Appropriate Species of Trees
    • Energy Crops
    • Ancient Woodland
    • Tree Preservation Orders
    • Trees on or Adjacent to Development Sites
    • Hedgerows
  • Natural Stone and Drystone Walls
• 12 Environmental Protection
• 13 Minerals
• 14 Waste Management
• 15 Monitoring and Review of the Plan
• Annex A Privacy, Daylighting and Amenity Space
• Annex B Trees On or Adjacent to Development Sites
• Appendix 1 National Planning Policy
• Appendix 2 National Minerals Policy
• Appendix 3 Supporting Published Documents
• Appendix 4 Glossary of Terms
• Appendix 5 Acronyms and Abbreviations
• Appendix 6 Policy Topic Index
• Appendix 7 Policy Number Comparison
• Appendix 8 Supplementary Maps

Trees and Woodland

11.62 Trees and woodlands are important elements of a sustainable environment and play a key part in maintaining and improving the quality of life for the inhabitants of the District. Trees are important for their visual amenity value and enhance the urban and rural landscape. As well as their aesthetic beauty, trees:-

• are an important wildlife habitat, particularly ancient trees;
• provide opportunities for leisure and recreation;
• help to ameliorate pollution and reduce noise;
• screen unsightly development;
• generate oxygen and store carbon dioxide;
• help to stabilise soil and prevent erosion;
• provide renewable raw materials;
• help to reduce the risks of storm water flooding; and
• help to decontaminate derelict land.

11.63 The Council is committed to protecting existing tree and woodland cover and increasing its coverage where appropriate.

11.64 The Council considers that the planting of new native species of trees and woodland should be encouraged and used as a means of improving the landscape in all parts of Calderdale apart from moorland and heathland, an approach supported by the RSS. There are many opportunities for planting within both urban and rural areas such as in parks, in highway verges, in school grounds, on derelict land, by extending existing wooded areas and planting around the perimeter of new developments. Appropriate management of the existing woodlands is also an important factor and is encouraged by the Council.

The Planting of Trees and New Woodland

11.65 Whilst the Council cannot control new woodland planting since the planning legislation does not provide for control over this type of land use, the creation of new woodlands is an important and very visible form of land-use that must be recognised in the development plan. The Council will undertake its own planting and management schemes and provide support and advice to other, often voluntary, bodies wishing to undertake planting schemes. It also has an important role to play in wider strategies for woodland planting. One such strategy is the White Rose Forest Strategy which was launched on 1 August 2000 and sets out the contribution that trees and woodland can make to urban and rural renewal in the whole of West Yorkshire. The vision of the White Rose Forest Strategy is ‘to create a genuinely sustainable well-wooded landscape, which will benefit the people, economy, and wildlife of West Yorkshire’. The strategy is being implemented on a partnership basis, with local authorities, major voluntary organisations, government agencies and large employers taking the lead but with the remit that everyone can become involved. The Strategy will encourage the planting of trees and new woodland on a broad range of land types, together with the management of existing woodland and other associated habitats for better public access and for increased biodiversity. This will not be one large area of forest, but will be a mosaic of differently sized woodlands, hedgerows and individual trees, all contributing to an increasingly green environment. The Council supports the White Rose Forest Strategy and will contribute to its implementation in all parts of the District.

Appropriate Locations for Tree and Woodland Planting

11.66 Whilst in many urban and brownfield locations new native tree and woodland planting should be encouraged, there are numerous ‘environmentally sensitive locations’ where such planting would be inappropriate and where the nature conservation value of the area must be safeguarded. ‘Environmentally sensitive locations’ include: Scheduled Ancient Monuments; Class II and Class III Archaeological Sites Registered in the County Sites and Monuments record; the Special Area of Conservation; the Special Protection Area and In-bye land around it; SSSIs; SLAs; Priority Habitats and Species identified in the Calderdale BAP; and SEGIs, the majority of which are shown on the Proposals Map. Additionally, the moorland areas of the District encompass distinct characteristics and sensitive ecosystems. Inappropriate tree planting could cause considerable damage to environmentally sensitive locations and moorland and therefore new tree and woodland planting should be avoided in such areas. The District’s moorland fringe encompasses a diverse mixture of characteristics and as such in certain areas could be suitable for tree and woodland planting as supported in the SCOSPA Heritage Strategy for the South Pennines. Each particular area should be treated individually, with priority being given to ensuring that the ecology of the area is not harmed and views of the skyline are respected. In some cases, the moorland fringe should remain open to maintain existing habitats and views. In others there may be a clear case for increasing woodland cover. Native species of trees are considered to be the most appropriate on the moorland fringe.

Appropriate Species of Trees

11.67 In most cases, the Council considers that species native to Calderdale should be used. However, support will also be given to the inclusion of native British Isles species, non-native or exotic species in urban areas in order to expand the diversity of the urban landscape. Additionally, the introduction of conifer trees into rural areas needs careful consideration. They are acceptable in selected locations where they can be introduced into mixed planting schemes but their introduction needs to be considered on a site by site basis. It may be necessary in some areas to introduce conifers into new planting schemes in order to help to establish broad-leaved species on difficult or exposed sites. However, large areas of conifer trees on their own are not normally considered appropriate. Tree planting schemes should be in accordance with details laid out in the British Standards Institution: 'Guide for Trees in Relation to Construction' (BS 5837:2005) which are current at the time either a planning application is made or the planting scheme is implemented.

Energy Crops

11.68 The use of new planting as fuel for renewable energy is an increasingly important aspect of sustainable development. Willow energy coppice on a large scale is unlikely in Calderdale due to the topography and generally low quality agricultural land. However, on a smaller scale, willow coppice could be grown and as such support will be given to such proposals providing that the ecology of the area is not harmed.

Ancient Woodland

11.69 Ancient Woodland is commonly defined as sites that have had continuous woodland cover since at least AD 1600 to the present day, although some sites may have been replanted at some point in the past. They are a finite resource of great biodiversity value. There is a trend towards the decline and fragmentation of Ancient Woodland, and they are becoming increasingly under pressure from development. This is considered to be unsustainable. For this reason the Council considers that it is essential to provide absolute protection for Ancient Woodland sites in the District and development proposals which would harm or lead to the loss of Ancient Woodland will be resisted.

Tree Preservation Orders

11.70 Tree Preservation Orders (TPOs) are a means of giving statutory protection to specific trees, groups of trees and woodlands of amenity value so as to prohibit removal, pruning or damage occurring to them without the prior consent of the Local Planning Authority. Consequently, they can be actively used to sustain the landscape character of the district and influence the layout of new development. In particular, they will be used to ensure retention of the mature treescape where development occurs in order to maintain the visual amenity of the area.

11.71 During the Plan period it is likely that new Orders will be necessary to extend protection to trees and woodland which have amenity value and are at risk. TPOs cover some of the District’s most valuable and significant trees, therefore their removal will be resisted.

11.72 The Council does, however recognise that there is a need for some flexibility. Group TPOs can incorporate trees of varying individual quality. Trees can deteriorate and reach a stage where they detract from group value. There may be a limited number of occasions where greater benefits can be derived from replacement planting than from keeping the existing tree(s).

Trees on or Adjacent to Development Sites

Retention of Trees

11.73 Developers will be expected to give priority to the retention of trees and hedgerows on development sites, and existing landscaping should also be kept and protected where possible. It is therefore important that where individual or groups of trees are of landscape or amenity value, they are retained and that developments are designed to fit around existing trees. Distances between proposed excavations for development and existing trees should be at least equivalent to the minimum distances laid out in the British Standards Institution ‘Guide for Trees in Relation to Construction’ (BS 5837:2005) which are current at the time an application is made.

11.74 The trees identified as desirable for retention should be protected and suitably fenced off prior to the commencement of construction work in accordance with the guidance ‘Minimum Distances for Protective Fencing Around Trees’ laid out in the British Standards Institution: ‘Guide for Trees in Relation to Construction’ (BS 5837:2005).

Submission of a tree survey

11.75 In appropriate circumstances where trees are located on development sites, and in all cases where the removal of trees or hedgerows is proposed, the Council will require planning applications to include a tree survey in order to enable a full assessment of the arboricultural implications to be made. The matters to be covered in the survey are set out in Annex B ‘Trees On or Adjacent to Development Sites’.

11.76 Failure to submit a tree survey is likely to delay determination of an application and may result in the application being refused.

Replacement planting

11.77 When planning permission is granted, conditions or a legal agreement will be attached in appropriate cases which require replacement planting which complements and enhances existing landscaping in order to compensate for any trees lost as a result of the development. Normally, for every tree removed from a development site a minimum of one replacement tree will be required to be planted elsewhere on the site. There will be circumstances where the ratio of replacement planting will be greater than on a one for one basis. Where a development site cannot accommodate additional planting, replacement trees will be expected to be planted on an appropriate off-site location. Distances between excavations and new planting should comply with the advice in the British Standards Institution “Guide for Trees in Relation to Construction” (BS 5837:2005). Species planted should be appropriate to the locality in accordance with the advice contained in "Tree Preservation Orders: A Guide to the Law and Good Practice" (2000). Development schemes will also be expected to ensure the retention and continued health of existing trees on site.

Shade Cast

11.78 Trees can overshadow and cast shade on adjacent dwellings and other types of buildings, which can severely affect amenity and in particular that of residents. Shade cast can often threaten the retention of trees due to residents and other occupiers requesting the felling of offending trees. As such, when considering the layout of developments, the Council will seek to prevent an unacceptable degree of overshadowing of development by trees that are to be retained either on or off site.

11.79 Development proposals will be assessed against the criteria listed in Annex B ‘Trees On or Adjacent to Development Sites’. Where the likely level of shade cast is considered to be unacceptable a proposal will be refused in order to preserve any tree(s) of amenity value. Details relating to tree height and shade cast are contained in Annex B ‘Trees On or Adjacent to Development Sites’.

Hedgerows

11.80 Hedgerows and hedgerow trees are of ecological and biodiversity value and are important and uncommon wildlife habitats, particularly those that are old or have a mixture of species. Some hedgerows are of significant historic interest, both in themselves and because they mark boundaries which may be centuries old. The Council seeks to maintain existing hedgerows and promote the planting of new ones. The Government has similarly afforded hedgerows protection through the Hedgerow Regulations (1997), which aim to protect important hedgerows by ensuring that the landowner or tenant concerned notifies the Council if they intend to remove a hedgerow. The Council can refuse permission for the removal if they consider the hedgerow to be important. The Regulations set out the criteria that local planning authorities must use to determine whether a hedgerow is important. The proposed notification system is not intended to apply to garden hedges or hedgerows that are less than 30 years old. The Council supports management regimes which avoid disturbance of hedgerows during the growing or nesting seasons. Notwithstanding the fact that farming practices in Calderdale have historically favoured dry-stone walling rather than hedgerows, the latter habitats should nevertheless be protected where they exist. Accordingly the following policy applies:-

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