Draft Regulation 18 Sandwell Local Plan

Provision, Retention and Protection of Trees, Woodlands, And Hedgerows

4.38 Sandwell benefits from an estimated 265,000 trees, covering 18.1% of the borough. It is estimated that 81% of these trees are in good or excellent condition^[42]. Sandwell Council will continue to support and protect a sustainable, high-quality tree population and will aim to significantly increase tree cover across its area during the Plan period.

4.39 A main theme of the Government's 25-Year Environment Plan is the need to plant more trees. This is to be achieved not only as part of the creation of extensive new woodlands but also in urban areas; this will be accomplished in part by encouraging businesses to offset their emissions in a cost-effective way through planting trees. The national ambition is to deliver one million new urban trees and a further 11 million new trees across the country.

4.40 It is important to encourage and support the delivery of green infrastructure and ecological networks through urban areas, especially in relation to their role in climate change mitigation and adaptation and to mitigate the health problems associated with air pollution. The provision of new trees and the protection of existing ones throughout Sandwell will be a key component of this approach.

4.41 The Council's aim is to increase Sandwell's canopy cover by at least 6%^[43] over the plan period^[44], based on data establishing its current levels of provision and identifying opportunities for doing so derived from the Nature Recovery Network and biodiversity net gain targets.

Justification

4.42 Section 15 of the NPPF (2021) identifies the importance of trees in helping to create an attractive and healthy environment. The NPPF expects local plans to identify, map and safeguard components of ecological networks and promote their conservation, restoration, and enhancement. Ancient woodlands and ancient and veteran trees are an irreplaceable aspect of both the ecological and historic landscape and the NPPF is very clear about the need to protect such resources where they occur.

4.43 Hedgerows are also a finite and vulnerable resource and their provision, retention and enhancement will be expected when new development is proposed.

4.44 Wildlife corridors are important in helping overcome habitat fragmentation, by ensuring that species can reach the resources they need and that their populations do not become isolated, inbred, and prone to the adverse impacts of climate change. Supporting wildlife corridors will mean:

• creating and maintaining a diverse tree population (including trees of all ages and sizes),
• controlling invasive species,
• promoting the reintroduction of native species in locations where they are appropriate and would have a positive impact on biodiversity,
• retaining standing dead wood,
• making sure that any new planting is in the right location and of the right species, and
• recognising that woodlands are not simple monoculture habitats and will also contain glades, wet areas, understoreys, and grassland.

4.45 The requirement to plant trees on development sites will also help support and deliver increased biodiversity and green network opportunities on sites that at present do not contain tree cover, e.g., some sites currently in managed agricultural use where trees and hedgerows have previously been removed.

4.46 An example of the importance of trees in helping to manage and mitigate adverse impacts relating to air quality and climate change can be found in the report produced for the Black Country iTree project^[53] in 2021 - 22. This identified that the tree population of Sandwell (265,000 trees) stores 361,000 tonnes of carbon (a service valued at £328m), sequestering 5,500 tonnes annually (£5m), which is equivalent to 1.6% of the borough's annual emissions. They remove 15.3 tonnes of air pollution annually, an outcome that is valued at £828,000. They also intercept 130,000m³ of surface water annually, saving an estimated £128,000 in treatment costs.

4.47 The loss of trees from urban environments has been demonstrated to have negative outcomes for human health. Social costs, such as an increase in crime, have also been associated with the loss of trees^[54]. There is a growing body of evidence that the presence of trees in and around urban environments provides major public health and societal benefits.

4.48 Trees in the urban landscape have a vital role to play in delivering ecosystem services^[55], such as in:

• helping to improve residents' physical health^[56]
• helping to improve residents' mental health^[57]
• helping to mitigate climate change by sequestering carbon dioxide
• providing shading and cooling benefits (including associated savings to the NHS from avoided skin cancer and heat stroke^[58])
• improving air quality and reducing atmospheric pollution
• reducing wind speeds in winter, thereby reducing heat loss from buildings
• reducing noise
• improving local environments and bringing people closer to nature
• supporting ecological networks and green infrastructure
• maximising people's enjoyment of and benefits from their environment
• contributing towards the aesthetic value of the urban area

Trees on development sites

4.49 It will be important to ensure that Sandwell's existing stock of trees and woodlands is protected, maintained, and expanded as far as possible. Developers will be expected to give priority to the retention and protection of landscaping, trees and hedgerows on development sites. Trees on development sites should be physically protected during development. Care must be taken to ensure that site engineering / infrastructure works^[59], the storage of plant and machinery, excavations and new foundations do not adversely impact their continued retention, in line with current arboricultural and Building Regulation requirements.

4.50 There will be circumstances where the ratio of replacement planting will be different to that required in the policy – especially in cases where significant / mature trees contributing to the visual and ecological amenity of an area and its character are to be removed. Where a development site cannot accommodate additional planting, replacement trees will be expected to be planted in an appropriate off-site location.

4.51 Tree species specified in submitted planting plans will be evaluated by either a chartered Landscape Architect or accredited arboriculturist employed by the local authority. This will ensure that a suitable variety of species and standard / size of tree is being planted and will deliver the most appropriate solution for a specific location.

4.52 To ensure that good tree protection measures are maintained through the construction project, Sandwell Council will support and encourage the use of arboricultural clerks of work on development sites where trees are to be managed, removed and / or planted on the site. Where the likelihood of trees being adversely affected by construction activity is significant, or there are many trees on site that are likely to be affected (e.g., on larger sites) the Council will use appropriate conditions to require this level of oversight.

4.53 An arboricultural survey, carried out to an appropriate standard, should be undertaken prior to removal of any trees or site groundworks and used to inform a proposal's layout at the beginning of the detailed design process. Where proposed development will impact on the character, protection, safety and / or retention of trees of importance to the environment / landscape, the use of an arboricultural clerk of works may be required and will be made subject to a condition on the relevant planning permission.

4.54 Other appropriate conditions will be included in planning permissions to ensure that new trees that fail on development sites are replaced within a specified period by trees of a suitable size, species, and quality.

4.55 There will be a requirement to:

• replace trees and woodlands that cannot be retained on development sites with a variety of suitable tree specimens (species and size);
• ensure that where individual or groups of trees are of landscape or amenity value, they are retained and that developments are designed to fit around them;
• encourage diversity in the tree population to help to counter ecological causes of tree loss, such as diseases, pests, or climate change; and
• balance the impacts of the loss of trees on climate change and flooding by identifying opportunities to plant replacements via appropriate tree and habitat enhancement and creation schemes.

Climate change and biodiversity

4.56 There will be a presumption against the removal of trees that contribute to public amenity and air quality management unless sound arboricultural reasons support their removal^[60].

4.57 As part of the requirement for biodiversity net gain (Policy SNE2), developers and others will need to pursue adequate replacements for trees and woodlands lost to allocated and approved development, as well as additional trees and other habitat creation to achieve appropriate compensatory provision on sites. The main imperative will be to ensure that trees are maintained in good health on development sites in the first instance but where this is not possible, the grant of planning permission will be conditional upon the replacement and enhancement of tree cover nearby.

4.58 Native tree species able to withstand climate change should be used in landscaping schemes or as replacement planting, to maximise habitats for local wildlife / species and maintain and increase biodiversity. In circumstances where non-native tree species are also considered to be appropriate, a mix of native and non-native species should be provided, to help maintain a healthy and diverse tree population.

4.59 Housing layouts should ensure that tree shading does not adversely affect houses in winter when the sun is lower in the sky but maximises it when the sun is higher in summer. The solution will lie in part through choosing suitable species (e.g., deciduous trees) in proximity to housing and locating them at an appropriate distance from the properties.

4.60 The clearance of trees from a site prior to the submission of a planning application is imprudent. Robust local evidence is generally available to prove that trees were until recently present on a cleared site, so there will still be a requirement to provide suitable and sufficient replacement trees.

4.61 This is also addressed in the Environment Act (2021), which makes provision for sanctions against the clearance of sites prior to a planning application being submitted in relation to the requirement for biodiversity net gain. Under paragraph 6 of Schedule 7A of the Act, if the developer undertakes activities such as clearing the site that reduces its biodiversity value, then the pre-development value to be considered is the one that existed before clearance took place.

Ancient woodland and veteran trees^[61]

4.62 The NPPF defines ancient woodland and veteran trees as an irreplaceable habitat. Ancient woodland is an area that has been wooded continuously since at least 1600 AD. It includes ancient semi-natural woodland and plantations on ancient woodland sites. An ancient or veteran tree is a tree which, because of its age, size, and condition, is of exceptional biodiversity, cultural or heritage value. Veteran trees are of exceptional value culturally, in the landscape, or for wildlife, due to their great age, size or location. The soils in which these trees sit has been identified as having a high biodiversity value, given the length of time the trees have been successfully established.

4.63 Individual trees can have historic and cultural value and can be linked to specific historic events or people, or they may simply have importance because of their appearance, contribution to landscape character and local landmark status. Some heritage trees may also have great botanical interest, for example as rare native trees or cultivars of historic interest.

4.64 Very few trees of any species can be classed as ancient or veteran. Such trees / areas are a finite resource of great biodiversity value. For this reason, the Council considers that it is essential to provide absolute protection for ancient and veteran trees and ancient woodland sites in Sandwell.

Hedgerows

4.65 The planting of hedgerows not only enhances opportunities for wildlife but can also significantly improve the appearance of new development. It is particularly suitable on frontages and along plot and site boundaries, both softening the appearance of the built form and supplementing the design of the overall scheme.

4.66 Hedgerows are integral to ecological networks, given their linear form, and will be essential elements of habitat corridors within and beyond the Black Country. Planting additional hedgerows will help to support and increase the movement of wildlife and plants through the Black Country. The planting of bare root hedgerow plants is an economical way of providing green infrastructure on sites.

4.67 Hedgerow retention and reinforcement will be of particular importance where hedgerows form part of an established ecological network currently enabling the passage of flora and fauna into and out of rural, suburban, and urban areas. If hedgerow removal is needed to accommodate a high-quality site layout, replacement hedgerow planting will be required.

4.68 Hedgerow protection on development sites and elsewhere where potentially damaging work is to be carried out will include the provision of landscape buffers where appropriate; protective fencing; and careful management of plant and materials on site to avoid damage to the hedgerow(s) and root systems.