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 (eg, damaging the whole tree, its roots or compacting soil) or indirect (eg, affecting protected species, such as bats or wood-decay insects).
The Strategic Planning Policy Statement (paragraph 6.192) states that ‘Planning permission should only be granted for a development proposal which is not likely to result in the unacceptable adverse impact on, or damage to, known ancient and long-established woodland’.
Local planning authorities (LPA) have a statutory duty under the Wildlife and Natural Environment Act (Northern Ireland) 2011 to conserve biodiversity as part of their functions. With regards to ancient trees and woodland, LPAs can carry out their biodiversity duty by safeguarding these habitats through their policy making and decision taking roles.
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.
Paragraph 6.193 of the Strategic Planning Policy Statement states that ‘A development proposal which is likely to result in an unacceptable adverse impact on, or damage to, habitats, species or features listed above may only be permitted where the benefits of the proposed development outweigh the value of the habitat, species or feature. In such cases, appropriate mitigation and/or compensatory measures will be required.’
If an 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.
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.