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come as a specific tree policy or as a green infrastructure policy or anything in between sometimes policies may relate only partly to trees but still be relevant for example a policy that specifies that landscape character should be properly assessed and protected within any proposed development planning policy will often specify that trees of a good quality such as some of these mature oaks should be retained and protected within the context of any proposed development arboriculture and planning policy with all of the above policy context it is important to understand what the role of the arboriculturist is in the context of development management leading up to the point where the proposed development can legally begin to be built following the discharge of pre commencement conditions on the private side the role in this process is as a consultant who works with the design team from riba stages 1 through 5 sometimes from 0 and usually but depending on the scale of the project with the project manager planning consultant architect landscape architect structural engineer m e engineer and main contractor in preparing for tender the arboriculturist must during this process be aware from the offset of the relevant planning policy and documents from the ldp and any other related documents e g spds ca appraisal and np in some cases the arboriculturist must therefore undertake a desktop study to identify all relevant policies and documents and extract important details for example if we were looking at a proposed development in the mill hill area of the london borough of barnet it would be necessary to consider the following documents at the local level the core strategy and development management policies documents the green infrastructure spd the mill hill ca character appraisal statement document within these documents the arboriculturist will need to identify those relevant planning policies and details that will have an impact upon the scope and eventual nature proposed development focussing on the ldp documents only one will be able to see that strategic policies cs5 and cs7 are relevant in this case in addition to the non strategic policies dm01 and dm06 the latter because mill hill is a ca specific details from the spd and ca appraisal can then be selected from the texts it is the role of the arboriculturist to ensure that they operate to these policies and details and advise the design team of this particularly the project manager and planning consultant who will drive the proposed development designs forward in this respect and keep the project on course and the trees suitably considered and accounted for i e no clearfell operations where there are many good trees ultimately the arboriculturist should include within their supporting statement an arboricultural impact assessment or aia accompanying a planning application these policies and details and demonstrate how the proposed development complies with them to address planning policy sufficiently the arboriculturist must ensure that the design team is aware of the need to protect good trees in the context of proposed development such as this mature copper beech tree that is adjacent to an access route on the public side of the industry the tree officer at the lpa will assess the proposed development in line with the relevant planning policy from the ldp and details from the relevant spds etc the tree officer will usually operate within the development management department of the lpa and report directly to the case officer handling the planning application the tree officer is in this capacity a consultee specifically the tree officer will review the proposed development plans provided by the architect and review any relevant supporting documents such as a design access statement but most importantly the aia where this is lacking and considered relevant the tree officer will almost always request one through the case officer it is therefore important that the aia discusses planning policy and other relevant planning details because this demonstrates to the tree officer that the proposed development complies with policy and that it should be supported and granted consent ideally the arboriculturist on the private side and public side will directly liaise where there is reason to do so for example the consultant may be contacted by the tree officer to discuss a specific tree and the juxtaposition of a building elevation or to discuss hard surfacing proposed within close proximity to a tree why planning policy is important it has been previously established that adhering to planning policy is important however it is important to understand why in context to the above discussion principally planning policy is the measure through which the nppf specifies that proposed developments should be managed and determined by the lpa for example if the proposed development accords with all relevant planning policies the nppf specifies that the proposed development should almost always be granted consent by extension it is important for any proposed development to accord with relevant planning policy prior to the proposed development going in as a planning application in order to ensure the highest probability of a decision notice being issued granting consent and subject to conditions or reserved matters for full and outline applications respectively it is more complicated for hybrid applications planning policy details still apply following consent where conditions etc apply and this is notably the case with complex developments including basement construction and large estate developments it is also important for the arboriculturist to utilise planning policy to its fullest extent because this assists in elevating the industry towards a higher professional end specifically by integrating planning policy and arboriculture the arboriculturist becomes a very valuable member of the design team and not simply limited to the fringes or at least reduce the likelihood of being perceived that way after all arboriculture is a young industry and there is clear scope to progress the industry so that it is valued in a similar fashion to architecture undoubtedly trees are key components of all ecosystems including urban and there is much crossover between arboriculture and landscape architecture as a cautionary note it is not always the case that all planning policies can be satisfied for example a policy specifying that all trees of good quality will be retained and protected during any development operations may be outweighed by an area formally designated for significant development within the ldp such as for a large multi storey car park to support economic growth within a town centre in such a case it is important that both the private and public arboricultural professional understand the constraints posed by the hierarchical nature of some planning policy i e strategic may outweigh non strategic which might involve discussions with the planning consultant and case officer respectively in ambiguous cases it is most critical that the private consultant arboriculturist advises the client of the need to strongly consider a pre application discussion with the lpa to avoid unnecessary future conflict at the planning stage indeed the nppf explicitly suggests this in paragraph 41 the more issues that can be resolved at pre application stage including the need to deliver improvements in infrastructure and affordable housing the greater the benefits and for their role in the planning system to be effective and positive statutory planning consultees will need to take the same early pro active approach and provide advice in a timely manner throughout the development process by appropriately considering planning policy relevant to trees specimens such as this high quality oak tree stand the best chance of a prosperous future and therein for the betterment of the proposed development take home messages to effectively summarise the above it can be stated that the consultant arboriculturist within the design team must fully consider appropriate local planning policy and feed this policy detail to the design team and cover it within the aia the tree officer at the lpa must assess any proposed development in line with relevant planning policy and details arising from spds etc by emphasising the importance of planning policy both on the private and public side as regards arboriculture through referring to it throughout the development process leading up to a decision notice the industry will be considered in a more valuable light by all other professionals at that time and hopefully in the future and therefore the arboricultural professional will be considered on a similar level to the architect and landscape architect more broadly the entire range of professions involved in planning and development which means trees are more likely to be protected during development operations and by extension feature more readily in developed areas and for longer periods local planning policy in arboriculture trees and subsidence situations involving trees with a tree preservation order tpo june 30 2019 june 30 2019 forgottenwoods 4 comments tree related subsidence is quite a common occurrence on shrinkable soils e g clay and i have addressed this some time ago already to a limited specificity in cases where the tree s in question is a low value tree and or there is no degree of statutory protection afforded to the tree the landowner may very well consider it appropriate to remove the tree or otherwise prune the tree to address water uptake see the hortlink study and additional building research establishment publications for more information in a situation where the tree s implicated in cases of subsidence where the evidential tests have been satisfied 1 has actual damage occurred that is consistent with subsidence damage 2 have roots encroached under the foundations that are damaged and 3 was the damage from adjacent tree s foreseeable and the tree s is subject to a tree preservation order it may very well be necessary to consider the management of the situation in a more holistic lens specifically this is because of the precedent set by the case perrin anor v northampton borough council ors 2007 ewca civ 1353 19 december 2007 as a precursor before continuing it is important to recognise that the case being discussed below must never be considered in isolation therein nor should the decision be made in blunt isolation subsidence damage as caused by a tree subject to a tree preservation order is an issue that demands cross profession liaison specifically between at least the arboriculturist planning officer manager and insurance officer manager for the local planning authority i e local council in addition to the tree owner and their insurer plus the homeowner with a damaged house and their home insurer where the tree is a third party tree the economics and logistics of any given situation are key and the role of the arboriculturist is not to operate as a lone professional but to engage and be willing to compromise where there is an evident requirement for this a property in essex with subsidence cracking around the upper storey window as caused by adjacent oak trees subject to a tpo evidential tests satisfied returning to the case the situation involved a privately owned oak tree subject to a tpo that had been determined to be causing subsidence damage to an adjacent property the claimants applied for permission from the local planning authority lpa to remove the oak tree which was refused on the grounds that it was not necessary to fell the tree not because felling would not abate the nuisance it obviously would but because other engineering works such as the underpinning of the claimants house could be carried out instead thereby curing the problem and preserving the tree in more detail the lpa stated that the tree proposed for removal is a tall broad spreading and healthy specimen that stands in the garden of a house overlooking the open valley that defines the western edge of the old core of the village of great billing and forms a handsome and prominent feature in views along and over the valley part of which is a public park and is also an amenity to the village and its conservation area within which the tree stands particularly in views from the direction of the parish church of st andrew so consequently the removal of the tree would have a significantly detrimental impact on the amenity of a wide area and its enjoyment by the public the claimants subsequently appealed to the secretary of state and the appeal was dismissed this resulted in the court case and the resultant appeal that is the subject of this discussion the claimants argued that the then current tpo protection did not apply to the oak tree because section 198 6 b of the town and country planning act 1990 did not apply as abating the nuisance of subsidence was a legal exemption to the tpo the summarised original ruling known as perrin anor v northampton borough council ors 2006 ewhc 2331 tcc 26 september 2006 by the technology and construction court tcc was that the possibility that other engineering works could be carried out is irrelevant with the caveat that only in the vast majority of cases the fact that alternative engineering schemes are available would indeed be irrelevant because the tpo will not apply to whatever cutting down uprooting topping or lopping of the tree is necessary to abate or prevent that nuisance that was in this case subsidence damage caused by the oak tree the judge determined that this conclusion was a workable solution to the problem posed and also fair because it would be unworkable if a member of the public had to weigh up all the factors listed in paragraph 51 of his judgment before coming to a clear view as to whether or not works to the tree were necessary thus the judge agreed with the claimants as regards the scope of section 198 6 b that it was necessary to remove the oak tree to abate the nuisance and prevent further damage northampton borough council disagreed and took this to the court of appeal in some instances managing trees on a cyclical pruning cycle will help manage the water uptake of the tree and therein reduce the extent of soil desiccation and thus shrinkage the judges at the court of appeal went to some length to pull apart the meaning of section 198 6 b and the tcc judge s interpretation particularly whether the removal of the oak tree was necessary in context to this section t his appeal turns on whether the judge was correct in his conclusion that the word necessary in the context of section 198 6 b of the 1990 act critically the judges concluded that the tcc judge was incorrect in his conclusion because the judge had failed to appreciate that it was indeed appropriate to consider engineering solutions in the extent as to what is necessary in abating and preventing further nuisance wh...