Development proposals can pose a serious threat to ancient woodland, ancient and veteran trees, and the wildlife that they support. Effects of development can be both direct and indirect.
The National Planning Policy Framework (NPPF) states that ‘development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused unless there are wholly exceptional reasons and a suitable compensation strategy exists’ [paragraph 180(c)].
An example of exceptional reasons could be if the public benefit of an infrastructure project is considered to outweigh the loss or deterioration of habitat.
The starting point for any development proposal should be to identify ways to avoid harmful impacts to ancient woodland or ancient and veteran trees, such as looking for alternative sites or redesigning the scheme. The next step is then mitigation of any impacts that can’t be avoided, and as a last resort compensation should be used to offset any unavoidable remaining impacts.
This ‘avoid, mitigate, compensate’ approach is known as the mitigation hierarchy.
If a local planning authority (LPA) decides to grant planning permission that results in unavoidable loss or deterioration of habitat (where exceptional reasons are demonstrated), they should apply the mitigation hierarchy to avoid significant harm to biodiversity.