Definitions Veteran & Ancient Trees

Transcription

1 Definitions Veteran & Ancient Trees Veteran tree with particular habitat features of wildlife value.eg Decaying heartwood/ripewood, stem hollowing, decay fungi Decaying snags, rot holes, sap runs, loose or rough bark Large canopy deadwood, The more features, stronger indication that tree is a veteran. (FC 3 or more)

2 Definitions Veteran & Ancient Trees Ancient is an age classification Large girth for species(except if poor growing conditions or other management eg pollard Retrenched crown - growing down/flattening All ancient trees are veterans and have habitat features Ancient trees have distinct irreplaceable values rarity, historic, cultural, aesthetic (old look)

3 Features characteristic of an ancient tree Veteran Trees; A guide to good management Ancient Tree PP+ Photos 2010

4 Ancient Tree PP+ Photos 2010 Burnham Beeches Ballerina Beech

5 Traditional orchard Ancient Tree PP+ Photos 2010

6 Watendlath Pollarded ash and rowan Ancient Tree PP+ Photos 2010

7 Ancient Tree PP+ Photos 2010

8 Natural retrenrenchment -oak Growing downwards Ancient Tree PP+ Photos 2010

9 Oak phoenix/layer Ancient Tree PP+ Photos 2010

10 Why are ancient trees important? Aesthetic appeal, inspirational Intrinsic historic value and particular historic links to people or events Signs of past land use or cultural landscapes Part of designed landscapes Biological - complex of habitats for plants and animals dependent on special environment in old trees Genetic-native sps from UK wildwood Learning Ancient Tree PP+ Photos 2010

11 Threats to ancient trees Felling for safety- defendable not defensive management Change in land use - increase risks, stresses Competition - overshadowing or sudden release Neglect eg. collapse of lapsed pollards manage for structural stability Inappropriate management eg. cutting into bolling; excessive or unskilled tree surgery Inappropriate land management eg ploughing Inappropriate grazing levels No successors or big age gaps Ancient Tree PP+ Photos 2010

12 Safety-danger Key to avoid loss as health and safety concerns affects - decisions of courts - crucially words in law and informed by guidance decisions of landowner, advisors, contractors, Types of guidance, eg:- HSE, Blue Book, BS 3998, BS5837, VTH Risk & Responsibility Mynors New National Tree Safety Group (NTSG) Guidance very wide stakeholder input - about to be published on FC web site Aim - to provide guidance proportional to risk recognition that evaluation of what is reasonable is balance between benefit and risk and must be in local context Defendable not defensive management

13 Valuation systems I Tree : ecosystem services CTLA : tree size, economic loss, replacement costs, value depreciates with age CAVAT : tree size, plus place, landscape, some bio-diversity (not fully) Helliwell : visual only, uses duration of visual amenity, includes dead trees

14 Hot news Benefits - Values UK National Ecosystem Assessmentunderstanding nature s value to society- strong economic arguments for safeguarding and enhancing the natural environment. The Natural Choice Natural Environment White Paper (NEWP) strongly influenced by above

15 Aims Highlights of NEWP improve the quality of the natural environment halt the decline in habitats and species strengthen connection people and nature Measures Value of nature at the heart of Government s economic thinking Committee to advise on best way of securing our natural assets for the future.

16 Highlights of NEWP 2 Green Designation -by communities protection to areas important for recreation, the view or wildlife Support for parks, gardens and tree planting Bio-diversity offsetting

17 Law Nature conservation Wildlife and Countryside Act 1981 (as amended) species protection: SSSI* controls potentially damaging operations - may incidentally control works to trees *none for trees Conservation(Natural Habitats etc) Regulations (1994) European sites eg SAC Include types of woodland eg Caledonian forest, Yew woods Countryside and Rights of Way (CRoW) Act 2000 responsibility on Government to take reasonably practicable steps to further the conservation of priority habitats eg Pasture woodland, orchards, hedgerows Species - eg bats; + species associated with dead and decaying wood, eg Stag Beetle, Violet Click Beetle, Noble Chafer (orchards),oak polypore, Bearded Tooth Fungus

18 Law Nature Conservation Natural Environment and Rural Communiites (NERC) Act 2006 S40. -Every public authority must, in exercising its functions, have regard..to the purpose of conserving biodiversity. Conserving includes restoring or enhancing a population or habitat

19 Policies Nature Conservation 1 Keepers of Time policy statement for England s Ancient and Native Woodland _ No significant or unnecessary losses of known veteran trees. Policy should be in in LDPs based on ATH data UKWAS Woodland Assurance Standard Requirement to keep standing dead trees, snags and veteran trees

20 Policies Nature Conservation 2 Managing Ancient and Native woodland in England FC Practice Guide Applies to grant or Felling Licences for ancient or native woodland or for individual veteran trees Guidance to achieve outcomes Existing veteran trees should be retained and protected. In general, felling of the tree should only be done on safety grounds, and only then as a last resort if other techniques such as crown reduction and pollarding are not feasible or appropriate. Deadwood: The most important principle is not to fell any dead or dying trees unless absolutely necessary.

21 Policies Nature Conservation 3 PPS 9 and Circular Biodiversity and Geological Conservation Planning Policy Statement 9 para.10 Ancient Woodland and other important natural habitats - Aged or veteran trees..are also particularly valuable for biodiversity and their loss should be avoided. Planning authorities should encourage conservation of such trees as part of development proposals. Circular 06/2005 para. 91 When considering whether trees or woodlands merit a TPO in the interests of amenity, LPA s should, include consideration of nature conservation values.

22 Law Tree Protection Hedgerow regulations 1997 (Environment Act 1995) Removal of trees within hedges only when part of hedgerow removal Planning(Listed Buildings and Conservation Areas) Act S69(1) first in Town and Country Amenities Act 1974 Designation of Conservation Areas Conservation areas areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.

23 Law Tree Protection Forestry Act Felling licence Planning Act 1990 (as amended) -duty to use conditions and make TPOs to protect trees as part of planning permission -power to make TPOs - controls felling /work to trees selected as an amenity -S requirement to notify works to trees in a Conservation Area penalties as for TPO (temporary protection very similar to TPO)

24 Law Tree protection Exceptions* from need for Felling Licence Dead trees - licence only needed for growing trees Type of work Lopping, topping, pollarding felling only Location fruit trees or trees in garden, orchard, churchyard or public open space Volume 5 cubic metres in a calendar quarter danger prevention of (real not perceived FC advice) *selected

25 Law Tree protection Duty & Power to make TPOs TPO can apply to any trees, including woodland, anywhere. It controls felling & work to trees selected as an amenity S.197- duty, where appropriate, when granting planning permission to use conditions to preserve or plant trees and to make TPOs S If expedient in the interests of amenity to make orders for the preservation of trees or woodlands Amenity not defined in Act

26 Guidance TPOs Blue Book (published 2000) - 1 S.198 Expedient considerations - not if under good management, but if there is a risk, not necessarily immediate (may be general risk from development pressure) S.198 Amenity considerations Use selectively Would removal have significant impact on local environment? Show reasonable degree of public benefit Visibility - at least part, normally from a public place, exceptionally inclusion of other trees may be justified

27 Guidance TPOs Blue Book (published 2000) - 2 Value enhanced by scarcity Value may be collective only for groups or woodlands, collective impact Other factors, such as importance as wildlife habitat, may be taken into account - alone not sufficient. Superseded by PPS9 Circular 06/2005 Inappropriate to make TPO on tree which is dead, dying or dangerous

28 Tree evaluation systems for TPO Helliwell points system - visual amenity only; includes veteran and dead (2008 revision) TEMPO (CBA Assoc.2004) points system - visual plus other eg veteran,historical,commemorative, visual cohesion and expediency LPA- eg Leicester City council - visual plus other eg historic, nature conservation, conflicts including damage to structures

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31 TPO exceptions - interpretation from Mynors The law of Trees, Forests & Hedgerows Dead or dying - applies to entire tree dead wood not included in exception unless in small amounts ( de-minimis)* Dying - chronic /acute? Is death of whole tree certain and imminent? * Important difference to Blue Book and App1 guidance Notes

32 TPO exceptions - interpretation Dangerous wording of exception is whole tree, not just part no specific exception to allow removal of dangerous branches Mynors test where any significant part can be described as dangerous Legislation differences in Scotland, policy in Wales

33 Exceptions England Draft 2011Regulations Dead tree Removal of dead branches from living tree (new) To the extent that such works are urgently necessary in the interests of safety, the cutting down, uprooting, topping or lopping those parts of a tree that [has become dangerous] pose a real and present risk of serious harm (ATF proposed wording) NB dying trees excluded no notice period for safety Scotland has

34 Guidance Tree work BS Pruning and related work 7.1 Work should be planned to minimise potential diminution of aesthetic, ecological or other value 7.3 Risk management of deadwood General When deciding whether dead branches or dead trees should be retained and, if so, to what extent they might need to be pruned, a balance should be made between mitigation of risk and the maintenance of wildlife habitats. The unnecessary loss of deadwood habitats should be avoided... The following risk factors should be taken into account: location (e.g. whether the deadwood overhangs a target that cannot be readily moved, such as a highway); wood properties and decay-characteristics of the species the size of the deadwood.

35 Guidance Tree work BS Dead branches COMMENTARY ON The dieback and shedding of branches are natural processes within the development and ageing of trees, and provide essential habitats or places of shelter (i.e. decaying wood and cavities) for many species of fauna and flora. Dead branches should be shortened or if necessary removed if they pose an unacceptable risk to people or property, and if other options (e.g. diverting a footpath) are not practicable.

36 Guidance Trees and Development BS Defines veteran but confuses veteran as an age class (4.2.6 (g)) changed to life stage in 2011 draft Assessment of trees in current context Survey to include condition, potential for wildlife habitat and remaining contribution in years in bands Not SULE Note 2 - may be appropriate to assess amenity separately

37 Guidance Trees and Development BS Recognises need to consider group and woodland (including orchards, wood pasture and historic parkland) quality and value, but assess open grown individuals or if need to differentiate Note - explains groups as cohesive features...culturally, including for biodiversity eg parkland wood pasture

38 Guidance Trees and Development BS Tree Categorisation - must be in scope of category & definition and for A to C, qualify under one or more subcategories Category R Category and definition Existing value lost in >10 years and which should be removed in current context Criteria likely to collapse Dead or almost Only category A, B and C trees material consideration

39 Guidance Trees and Development BS version Annex A Trees & Law A.4.2 Effect of proposed development on TPO trees is a material consideration It is usually appropriate to TPO trees that are an amenity and structurally sound 2011 draft version Annex B Trees & Planning Effect of proposed development on trees is material consideration Arboricultural Consultant TPO 2008

40 Guidance Trees and Development BS version 2011 draft version Note to categories Habitat re-instatement Note to categories R trees can have potential conservation value - desirable to preserve Arboricultural Consultant TPO 2008

41 Guidance Trees and Development BS version 2011 draft version Note. If layout places category R trees in an inaccessible location such that safety reduced to acceptable level, may be preferable or possible to defer recommendation to fell Where category R trees have identifiable conservation, heritage or landscape value <10yrs may retained where they are (or can be) sited such that concerns over safety are at (or can be reduced to) acceptable levels Arboricultural Consultant TPO 2008

42 Guidance Trees and Development BS 5837 Table 1 No change in revision Category A High quality & value, min 40yrs contribution A3 Mainly cultural, including conservation Trees, groups or woodlands of significant conservation, historical, commemorative or other value (e.g. veteran trees or wood-pasture)

43 Guidance Trees and Development BS 5837 Most genuine veterans are likely to be A3 (could also be B3? - min 20 years contribution) A1 Mainly arboricultural essential components of groups, formal or semi-formal features eg principal trees in an avenue

44 Guidance Trees and Development BS Root Protection Area RPA In order to avoid damage to roots or rooting environment calculate RPA. This is minimum area should be left undisturbed reduction of 20% - open grown trees only. Omitted in 2011 revision any alterations need to be justified

45 Guidance Trees and Development BS Root Protection Area RPA RPA calculation circle of radius 12 times stem diameter Capped at radius of 15 times stem diameter (This is equal to a tree of 1.25 diameter) Veteran Tree Handbook 15x diam no cap or 2m beyond crown

46 Guidance Trees and Development BS in BS in 2011 draft revision Particular care is needed regarding the retention of large, mature or veteran trees which become enclosed within the new development. Such trees are sometimes less resilient and more likely to die or become potentially unsafe as a result of the pressures associated with development... Where the retention of such trees is proposed, they should preferably be incorporated into larger open spaces or gardens thereby reducing the likelihood of future problems and allowing adequate space for their long-term physical retention and maintenance.

47 For our children 10,000 0aks of 100 years old are not a substitute for one 500 years and old future generations Oliver Rackham For our Children & Future Generations Ancient Tree PP+ Photos 2010

48 Conservation Areas Areas in which it is desirable to preserve or enhance the character and appearance - trees may contribute to special character. In decisions LPAs must give this consideration work to trees requires 6 weeks prior notice (Section 211 notice) notice must describe work and identify trees standard application form recommended but not mandatory- England