How Ancient Woodland and Veteran Trees Impact Development: Key Considerations for Maximizing Value

When considering a development project, especially in rural or semi-rural settings, one of the most critical ecological constraints to keep in mind is the presence of ancient woodland and veteran trees. Both are given significant protections under national planning policy, and failure to address these features appropriately can derail planning applications, delay timelines, or reduce the developable area of a site, impacting profitability. Understanding the intricacies of these environmental designations and how they affect land value and development potential is crucial for developers and landowners alike. Bartons Planning & Development Consultancy has extensive experience in navigating these constraints to help clients unlock the maximum value of their land.

Ancient Woodland: A Highly Protected Asset

What is Ancient Woodland?

Ancient woodland is defined as land that has been continuously wooded since at least 1600 AD. It is highly valued for its biodiversity, historical significance, and ecological benefits. These woodlands provide habitats for a wide range of species, some of which are rare or protected under UK law. Because of their ecological importance, ancient woodlands are subject to stringent planning policies that heavily restrict development within or near them.

National Planning Policy Framework (NPPF) and Ancient Woodland

The National Planning Policy Framework (NPPF) in England makes it clear that ancient woodlands must be afforded strong protection. Paragraph 180 of the NPPF states that development resulting in the loss or deterioration of irreplaceable habitats such as ancient woodland should be refused unless there are “wholly exceptional” reasons. This presents a significant challenge for developers when ancient woodland is located on or adjacent to a development site.

Development within or near ancient woodland can be refused outright, even for otherwise sustainable and economically viable proposals. The key point here is that the policy does not only protect the woodland itself but also a buffer zone around it, generally extending at least 15 metres from the edge of the woodland. In some cases, this buffer zone could be larger, depending on local planning policies and ecological assessments.

How Ancient Woodland Affects Development Potential

From a commercial standpoint, the presence of ancient woodland can reduce the developable area of a site or impose significant conditions on how development proceeds. Landowners looking to maximize the value of their property must factor in not only the loss of developable land but also the costs associated with any necessary ecological assessments, compensatory planting, and potentially reconfiguring development proposals.

However, Bartons Planning & Development Consultancy has the expertise to help navigate these challenges. By engaging early with local planning authorities, ecologists, and other stakeholders, we can work to identify acceptable mitigation strategies or alternative design layouts that preserve the value of your project while meeting regulatory requirements.

Veteran Trees: Protecting the Elders of the Landscape

Defining Veteran Trees

Veteran trees are those that have reached an ancient stage in their lifecycle or are of exceptional size or age relative to other trees of the same species. These trees, often characterized by hollow trunks or extensive deadwood, provide critical habitats for wildlife. Like ancient woodlands, veteran trees are irreplaceable and enjoy strong protections under planning policy.

Veteran trees can be found in a variety of settings, including parklands, hedgerows, and even within urban environments. Their historical and ecological importance makes them key features in landscape design, but also potential obstacles in the path of development.

Planning Policy Protections for Veteran Trees

Veteran trees enjoy similar protections to ancient woodlands under the NPPF. The framework specifies that planning permission should be refused for developments that would result in the loss or deterioration of veteran trees, unless there are “wholly exceptional” reasons.

This protection is often enforced by imposing root protection zones (RPZs), which are areas around the tree that must remain undisturbed. Depending on the size and condition of the tree, these RPZs can cover significant portions of a development site, further constraining the layout and design of proposed projects.

The Commercial Impact of Veteran Trees

From a development perspective, the presence of veteran trees can pose substantial challenges. These trees may limit the usable footprint of a site or necessitate costly mitigation measures, such as careful design around root protection areas, compensatory planting, or additional landscaping. The constraints associated with veteran trees can also affect the saleability of land, as potential buyers may perceive these restrictions as too onerous to overcome.

Bartons has considerable experience in working with clients to assess the commercial viability of sites affected by veteran trees. We can provide guidance on how to minimize the impact on development potential while ensuring compliance with planning policy. Our expertise in design and landscape planning ensures that veteran trees are integrated into development layouts in a way that enhances the overall project value.

Mitigation and Compensation Strategies

While the presence of ancient woodland and veteran trees can seem like an insurmountable obstacle, there are often mitigation and compensation strategies available that can help balance ecological preservation with development goals.

Buffer Zones and Development Layouts

One of the most common mitigation strategies is the establishment of buffer zones around ancient woodland and veteran trees. These zones serve as a protective barrier, ensuring that the trees are not adversely impacted by construction activities. While buffer zones reduce the developable area, careful design and planning can mitigate these losses. Bartons has extensive experience in advising on innovative site layouts that maximize developable land while adhering to environmental regulations.

Offsetting and Compensatory Planting

In some cases, where development near ancient woodland or veteran trees is unavoidable, compensatory planting schemes may be proposed. These schemes involve planting new trees or enhancing existing woodland elsewhere to compensate for the ecological loss. Such approaches must be handled delicately, as they require agreement from local planning authorities and sometimes statutory agencies like Natural England. Bartons can assist clients in negotiating these compensation packages, ensuring that they are both cost-effective and acceptable to regulators.

Biodiversity Net Gain (BNG)

In line with recent legislative changes, including the Environment Act 2021, developers are increasingly required to demonstrate a net gain in biodiversity as part of the planning process. This requires development projects to leave the natural environment in a better state than it was before. While this presents additional challenges, it can also create opportunities. For example, through careful site planning, green infrastructure design, and habitat creation, developers can not only meet biodiversity net gain requirements but also enhance the aesthetic and market appeal of their schemes.

Bartons Planning & Development Consultancy is well-versed in the emerging BNG framework and can provide clients with strategic advice on how to incorporate biodiversity enhancements into their projects, ensuring compliance with the latest legislation while maximizing development potential.

Case Study: A Balanced Approach to Development

One recent project that Bartons worked on involved a large development site that was partially covered by ancient woodland and scattered veteran trees. Initial assessments by the developer suggested that the woodland and trees would severely limit the site’s developable area, jeopardizing the project’s viability.

However, through detailed ecological assessments and early engagement with local planning authorities, Bartons was able to negotiate a solution that involved the creation of enhanced buffer zones, compensatory planting on a nearby site, and a revised development layout. This approach not only preserved the ecological value of the woodland and veteran trees but also maximized the site’s commercial value by allowing for a more efficient use of the land.

Conclusion: Navigating the Challenges with Bartons

While ancient woodland and veteran trees present significant challenges to development, they are by no means insurmountable obstacles. With the right expertise and early engagement, it is possible to balance environmental protection with commercial objectives, ensuring that landowners and developers can unlock the full value of their sites.

Bartons Planning & Development Consultancy specializes in providing tailored advice to navigate these complexities. Whether through innovative design, effective mitigation strategies, or proactive stakeholder engagement, we are here to help clients achieve their development goals.

If you are dealing with a site impacted by ancient woodland or veteran trees, contact us today to discuss how we can assist you in maximizing the value of your project while ensuring compliance with planning policy.