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Please note that the views held on this site are not necessarily that of the
Gloucestershire Orchard Group, but are based on experience and expertise
gathered around the UK, assembled and shared by a tree warden, in order to
inform and inspire others in the protection of orchard habitats.
PERRY PEAR ORCHARD SAVED FROM DEVELOPMENT
Two tree wardens (Ann Smith and Ernie Flounders) and a forward-thinking district council, have saved
an ancient perry pear orchard from future development. The 3 acre orchard on the outskirts of
Brockworth, near Gloucester, Gloucestershire part of Green Belt, was at high risk of development as
part of the Regional Spatial Strategy. After an extremely anxious year, personal funds being used for
an ecological survey and “extensive evidence gathering”, an area order Tree Preservation Order (TPO)
was made on the entire orchard, thanks to Tewkesbury Borough Council Planning Committee,
Brockworth Parish Council and, especially to the Tree Officers. The Borough Council have also
protected trees (including oaks and other perry pears) in a large swathe of Green Belt land. This test
case will be publicized and explored further. Although traditional orchards now have National
Biodiversity Action Plan status and are home to upto thousands of species of flora and fauna, they are
still very vulnerable in the planning system. TPOs can be applied to non-commercial fruit trees.
Please note that the Gloucestershire Orchard Group and National Orchard Forum cannot get involved
directly in planning applications, but has produced the following information leaflet. For more
information about this leaflet or about the Brockworth perry pear orchard, please contact Ann Smith
smithcovell@btinternet.com 01452 855677. It would seem that the biodiversity duty was indeed
excercised by the district council and this test case should inspire tree wardens, orchard groups
and the public to protect the habitats around them.
BIODIVERSITY DUTY
Defra has recently started work on a review looking at how local authorities and other public bodies
have implemented the “biodiversity duty” introduced by the Natural Environment and Rural
Communities Act 2006. This duty requires all public authorities in England and Wales to have regard
to the purpose of conserving biodiversity in the exercise of their functions. It came into force in 2006
and Defra has commissioned a study to look at how the duty has been implemented in its first three
years.
For further information, please contact Defra project manager, Phil Lewis. Phil.lewis@defra.gsi.gov.uk
 Be prepared: It is imperative that a request for a TPO is made early, well
before even “outline planning permission” is given and ideally before
Regional Spatial Strategy or Local Development Frameworks are finalized.
The public have a relatively narrow window of opportunity to consider their
local habitats/orchards when these are out to public consultation.
 Think early: who are your local tree wardens (your district council should be
members of the local tree warden scheme, which is a national Tree Council
initiative). Encourage your local parish and tree-friendly borough councillors
to take an interest. Talk to your Tree Officer at the district council. Tree
Officers will be part of the process of evidence gathering from you, as well
weighing up the developer’s reasons to fell the trees. Keep in close contact
with the borough’s legal team. An emergency TPO may be required.
 Think ahead: record any interesting fauna and flora with your county record
biodiversity centre, particularly protected species such as bats, badgers, great
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crested newts. Your local Naturalist Society, Wildlife Trust or Bat Group can
advise. A bat detector is useful. The Peoples Trust for Endangered Species
can give advice on detecting the rare noble chafer beetle in old fruit trees
www.ptes.org and have produced leaflets.
 When you have gathered your evidence, give a copy to every parish
councillor and also every borough councillor on the planning committee at
the district council.
 Dead, dying and dangerous. The dreaded three “ds”!
Veteran trees are excellent habitats for wildlife which feed on dead wood
(saproxylic species) and the resulting food chains. Standing dead wood is
excellent. Decay is a normal part of the tree’s life cycle, but Health & Safety
and Public Liability issues threaten veteran trees and orchards big time. Think
imaginatively. There can be several ways to save that fruit tree, such as
specialist pruning, fencing off from a public footpath, detouring walkways,
bracing/cables. Speak to your county arboriculturalist (tree expert) for advice
or contact the Arboricultural Association or International Society of
Arboriculturalists for advice and recommended tree surgeon with expertise of
trees in the planning system.
 You may need funds to carry out your ecological survey; the developer
normally chooses their own one, so get another. You can’t trespass, but you
can still spot wildlife from outside the boundary (eg bats). You may need
funds for printing costs and consultancy (although consultants will often give
some advice over the phone for free).
 If you have the energy, get the local press and MP involved and gather letters
of support from the public and wildlife experts. It is said that multiple letters
of support carry more weight than a petition.
 Do talk to the orchard owners/developers to see if at least some of the fruit
trees can be saved and incorporated into new housing development, as part of
Public Open Space or green area or even community orchard. Failing that,
ask to propagate from the trees before felling. Recommend new plantings
with local heritage varieties. Contact your local orchard group for advice on
heritage varieties – see the National Orchard Forum website for info on local
groups www.nat-orchard-forum.org.uk
 If a temporary TPO is given, keep in regular contact with the district council
and watch for the deadline for submission of evidence for a permanent TPO.
Don’t be complacent!
___________________________________________________
The following articles were submitted to the district planning authority for evidence
of visibility, amenity and biodiversity for the perry pear orchard, as well as the
supporting letter from consultant Rob Widdecombe.
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Interested parties may use any of the information supplied and adapt it for their
individual situation. We will endeavour to update the site from time to time.
TEST CASE
TEWKESBURY BOROUGH COUNCIL NO.295 (NORTH
BROCKWORTH RSS AREA) TPO 2008
Request for permanent Tree Preservation Orders on
Brockworth Orchard Grid ref. SO 903166
This magnificent ancient Perry Pear orchard at Brockworth has been an
amenity for many years and is now under threat from development.
Tewkesbury Borough Council planning committee is meeting in January 2009
to decide on the future of this orchard and other trees and whether or not
permanent (rather than temporary) Tree Preservation Orders can be
designated. A number of us are trying hard to bring together the very high
amenity and biodiversity value of this site.
The orchard lies at the junction of Mill Lane and A46.
Planning Policy Statement 9 (PPS 9) sets out the obligations of Planning Authorities to
‘conserve, enhance and restore England’s wildlife and geology by sustaining and where
possible improving the quality and extent of natural habitat and geological and
geomorphological sites; the natural and physical processes on which they depend; and the
populations of naturally occurring species which they support’. The planning system should
seek to ‘contribute to rural renewal and urban renaissance by: enhancing biodiversity in green
spaces and among developments so that they are used by wildlife and valued by people,
recognising that healthy functional ecosystems can contribute to a better quality of life and to
people’s sense of well being; and by ensuring that developments take account of the role and
value of biodiversity in supporting economic diversification and contributing to a high quality
environment.’
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Cc Laurence Robertson, MP, Chris Shaw, Tewkesbury Borough Council Planning Committee and
Portfolio Holders, Tracy Lewis & Natasha Ewins (Landscape Architects), Cllr Maureen-Rowcliffe
Quarry, Brockworth Parish Council, Gary Kennison (County Ecologist), Anita Burrough & Keith
Alexander (Peoples Trust for Endangered Species), Alan Watson (County arboriculturist), Rob
Hainsworth, Collins Environmental Consultancy Ltd (Rebecca Collins & Steve Coney), Bill Whelan
(County Councillor for Churchdown), Juliet Wheatley Senior Landscape Officer Herefordshire
Council.
Proof of VISIBILITY, AMENITY & BIODIVERSITY
1. Visibility
The orchard is visible from A46 (see photographs), Mill Lane (see photograph),
Brockworth bypass (A417), the track accessible by public right of way on the northern
boundary and, potentially, the north-west boundary in future proposed housing
development. Residents in houses in the immediate vicinity of the orchard have an excellent
view (two houses adjoining the land and those on Mill Lane). Residents from Brockworth
House Care Centre (A46 & Mill Lane) can also see and enjoy the view of the orchard.
The A46 is a major bus route, is used by cars, cyclists and other vehicles and pedestrians.
Mill Lane is used by vehicles and pedestrians and students travelling to Brockworth schools
and sports centre.
View from A46
Dec 2008
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View from A46
Dec 2008
View from A46
Dec 2008
6
View from A46 (note pedestrians and vehicles)
View from A46
Dec 2008
Dec 2008
7
View from A46 (note pedestrians)
Dec 2008
8
One view from Mill Lane Dec 2008
2. Rarity of this Perry Pear Orchard
This Perry Pear Orchard is very rare. It is very rare to find an intact only perry orchard of this
size (approx. 3-4 acres). Out of 750 orchard surveys so far in Gloucestershire, none like
this has been found. Evidence is from joint surveys by the Gloucestershire Orchard Group
and Peoples Trust for Endangered Species (the latter is currently conducting national
surveys). Detailed information can be provided, by contacting Ann Smith (01452 855677).
Evidence is from chief surveyor Martin Hayes and also the Hartpury Perry Pear Orchard
Centre (historical perry expert Jim Chapman). Traditional orchards now have National
Biodiversity Action Plan Status and orchards are part of the Local Habitat Action Plans for
Gloucestershire.
3. Rarity of these Perry Pear varieties
These Perry Pear varieties are also rare. Evidence provided by the Hartpury Perry Pear
Orchard Centre (contact Ann Smith 01452 855677). Traditional orchards now have National
Biodiversity Action Plan Status and orchards are part of the Local Habitat Action Plans for
Gloucestershire.
4. Bat and badger evidence
Bat and badger evidence has been logged at the Gloucestershire Centre for Environmental
Records. Photographic evidence is available, with dates (contact Ann Smith 01452 855677).
Amphibians and reptiles have also been observed (personal communication). The biodiversity
of traditional orchards is immense (Natural England, Heather Robertson).
5. Historical significance
The orchard has historical significance. It is ancient – these perry trees are likely to be upto
300 years old.
6. Long-term Community Use
This orchard has been used by members of the community for at least 25 years for various
fruit and conservation activities, and has high landscape and amenity value.
7. Potentially rare invertebrates
Potentially rare invertebrates (including protected species Noble Chafer beetle): it is essential
that a detailed ecological survey is performed by an orchard and veteran tree invertebrate
expert such as Dr. Keith Alexander (see below). Keith states that it is a high quality orchard,
with a large amount of invertebrates, potentially rare. However, some of these may be
inaccessible as they inhabit the inside of the trees. There are also several veteran trees with
much decay and cavities on the perimeter of the orchard (not necessarily fruit trees) and
these should also be assessed for the value for invertebrates, bird-life and bats.
Note: Dr. Keith Alexander, orchard and veteran tree invertebrate expert and county beetle recorder.
The Peoples Trust for Endangered Species is the lead group in England organising orchard surveys
and Keith is the lead surveyor for PTES in Gloucestershire. He is also one of the Hon Directors of the
Ancient Tree Forum and represents the ATF on the Traditional Orchards Habitat Action Plan working
group. As a consultant, he worked on a scoping study of the wildlife conservation values of traditional
orchards as part of a national English Nature initiative. Contact: keith.alexander@waitrose.com
01392 413092.
8. Public Open Space
This orchard is situated close to residential areas and is ideally located for a Public Open
Space.
9. Brockworth Parish Council support
Brockworth Parish Council have been approached by tree warden Ernie Flounders and
approve the proposal for permanent TPOs.
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The above information also applies to the Perry Pear trees near Brockworth Court &
Prince Albert Court TPO REF 295 (MAP AREA A1 & A8), as these together provide a
wildlife corridor to fauna and flora attracted to orchard habitats.
Ann Smith, Tree Warden and Orchard Expert smithcovell@btinternet.com
01452 855677 109 Orchard Way, Churchdown, Gloucester GL3 2AP
and Ernie Flounders, Tree Warden 01452 862680
Gloucester GL3 4JA
8 Moorfield Road, Brockworth,
Background information on this and other traditional orchards, with local and national
initiatives, was submitted to Tewkesbury Borough Council in April 2008. A copy can
be obtained from Ann Smith. A preliminary ecological site assessment was also
carried out by Collins Environmental Consultancy Ltd., Newent in early March 2008.
These consultants have particular expertise with bats, birds, mammals, reptiles and
amphibians and are much respected by Bat Conservation groups. Collins
Environmental Ltd. state that the orchard has high potential for bat roosting and other
wildlife; a minimum of two detailed surveys between late April and late September
are needed for all fauna and flora.
Brockworth Perry Pear Orchard
Summer 2007
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Brockworth Perry Pear Orchard
Summer 2007
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RSS submission. Orchard far right of red shaded area on attached map (to right of Henley
Bank Farm by A46). SO 903166.
End
_____________________________________________________________________
MEMO
Re: Brockworth Perry Pear Orchard (Mill Lane/A46) and other perry pears in
Brockworth
19 January 2009
To: Tewkesbury Borough Council Planning Committee
& Brockworth Parish Council
Chris Shaw
Laurence Robertson, MP
Tracy Lewis & Natasha Ewins
From: Tree wardens Ann Smith & Ernie Flounders
C/o 109 Orchard Way, Churchdown, Gloucester GL3 2AP
01452 855677 email smithcovell@btinternet.com
This memo is to accompany the document submitted to TBC Planning Committee in
December 2008, which provided evidence for visibility, amenity & biodiversity for
the orchard and perry pear trees (for permanent TPOs). Please present both at the
Planning Committee meeting in February 2009.
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Additional evidence:
1. Rare perry pears were planted in Brockworth, according to the book “Perry Pears;
the National Fruit & Cider Institute, by Luckwill & Pollard”, 1963.
Varieties included the rare SWAN EGG and CHANDOS HUFFCAP.
It is vital that we retain all the perry pear trees in the parish so that these rare trees are
not lost.
A copy of this book is available on request from Ernie Flounders 01452 862680 or
Ann Smith.
2. Letter of support by Dr. Rob Widdecombe of “Border Ecology” – please see
below:
Border Ecology
27 Church Street, Kington, Herefordshire, HR5 3BE
Telephone & fax (prior ring): 01544 230691 mob: 07790 425875
email: robw@borderecology.co.uk website: http://www.borderecology.co.uk
c/o Anne Smith
109 Orchard Way
Churchdown
Gloucester
GL3 2AP
18th January 2009
Dear Sir/Madam
Re: Request for permanent Tree Preservation Orders on Brockworth Orchard
I have recently completed county-wide traditional orchard surveys within Herefordshire and
Worcestershire in relation to planning and development, on behalf Herefordshire Unitary Authority
and Worcestershire County Council. Our findings have been somewhat sobering in that apple and
pear orchards are under substantial threat from planning and development even though these
habitats are designated priority habitats under the UK Biodiversity Action Plan. The reason for this
status lies in their decline nationally and the specialist ecological habitat they hold within the
landscape, in particular the trees themselves.
On ecological grounds many orchards are worthy of preservation but often do not have any
protective designations. Trees in these traditional orchards form a substantial part of the nature
conservation interest (substituting for parkland habitat lost to the landscape) but are vulnerable due
to lack of regulatory protection. When tourism, genetic resources (varieties), cultural and landscape
significance are also taken into account the argument for retention of traditional orchards becomes
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almost irrefutable. It is worth mentioning that perry orchards are becoming a rarity and the larger
cider/perry makers are anxious for information concerning location of pear orchards. Unfortunately
the regulatory environment is not usually responsive enough to ensure the continued existence of
these sites. Tree preservation Orders are therefore increasingly regarded as one of the
fundamental planning control mechanisms for preventing loss of traditional orchard sites.
With regard to Brockworth Orchard, the foresight of Tewkesbury Borough Council in designating a
temporary TPO on the Brockworth trees is most commendable and forward thinking – it could be
the innovation in planning protection that signals the future for orchards in the region. I have
recently reviewed proof of evidence for conserving the trees at Brockworth Orchard and I believe
there is an indisputable case for making this order permanent for Brockworth and protecting this
much valued site.
I have encountered very few perry orchards in my work for Herefordshire and Worcestershire - they
are becoming very scarce. Planning decisions have to be made with consideration of a number of
factors of course, but the orchard looks to be one of the better examples with substantial interest for
nature conservation, from a commercial perspective and in terms of its landscape/cultural value. I
would suggest that Brockworth Orchard is of regional importance and would urge the Planning
Committee to recommend that the temporary tree preservation order is made permanent and that
the integrity of this significant site be maintained.
Yours faithfully
Dr. R. Widdicombe MIEEM CEnv M.Arbor.A ILTF
_________________________________________________________________________________
_________________________________________________________________________________
Footnote
Large trees can sometimes be moved by specialist tree companies. This should be
seen as a last resort situation, as not ideal for the tree. It can cost around £1000-2000.
Contact Ann for more information.
STREET TREES RECEIVE BETTER PROTECTION
A new system has recently been devised by local authority tree officers. It takes into account size,
health, historical significance and the number of people living near by to enjoy it. This valuation
system, known as the capital asset value for amenity trees (Cavat), is to be adopted by every local
authority in the country to prevent the massacre of trees blamed for subsidence in buildings. In
future, the high value of trees will demand extra engineering work by insurers to prove a link between
a tree and subsidence. Other common causes for subsidence are broken drains and dry weather.
Andy Tipping, chairman of the London Tree Officers’ Association , said that too often insurance
companies facing a claim for subsidence were demanding that trees be destroyed. Councils were also
too willing to cave in to insurers’ demands. In London alone the value of trees is estimated at £6.4
billion under the new system. Besides planes the most valuable trees are oaks, horse chestnuts and
beeches. There are many valuable oaks scattered throughout Central London. An oak in Southgate,
North London, has been valued at £267,000 and a plane in Epping High Street £200,000. Most street
trees are worth between £8,000 and £12,000. In the past five years London councils have chopped
down almost 40,000 street trees, including some more than 100 years old. Some were just old or
dying but 40 per cent were removed because of insurance claims. A report commissioned by the
London Assembly challenged this figure and said that only 1 per cent of tree removals were justified.
Taken from The Times Tues 22 April 2008
http://www.timesonline.co.uk/tol/news/environment/article3792556.ece
Source: Civic Trees/Department for Communities and Local Government
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ANCIENT TREE FORUM LITERATURE ON ORCHARDS IN THE
PLANNING SYSTEM
 Ancient Tree Guides no.3 Trees & Development – Case Study no. 6
 Ancient Trees in the UK – Securing their Future,
Available from www.woodland-trust.org.uk/ancient-tree-forum
Ancient Tree Forum c/o Woodland Trust, Autumn Park, Dysart Road, Grantham, Lincolnshire
NG32 6LL 01476 581135
Reminders - other useful planning information:
 Fabiola Blum of the Peterborough Biodiversity Partnership has produced a leaflet which can
be adapted to suit the needs of other local orchard groups, for mailing to Local Authority
contacts etc. The link to download is from www.cambridgeshire.gov.uk/environment
A CD/high resolution pdf version are also available from Fabiola
fabiola.blum@cambridgeshire.gov.uk 01223 718573

The Gloucestershire Orchard Group has a Planning Advice Leaflet
smithcovell@btinternet.com 01452 855677

East of England Apples and Orchard Project website www.applesandorchards.org.uk

Common Ground’s new Community Orchards Handbook (see Book section above) and on
their website www.commonground.org

Sustain’s Protecting our Orchard Heritage – A Good Practice Guide (2008)
www.sustainweb.org