supplementary planning guidance

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HEDGEROWS AND DEVELOPMENT; SUPPLEMENTARY PLANNING GUIDANCE
Report of Chief Environment and Development Officer
(Budget Book Pages 100 and 103 refer)
INTRODUCTION
1.
Hedgerows are one of the defining features of the South Hams landscape. They are present across the
District and at such a high density that they commonly occur on, or adjacent to, sites being brought
forward for development.
2.
Historically the Council has sought the retention of hedgerows wherever practicable within
development. This is particularly noticeable within the estates at both Ivybridge and Woolwell where
the agricultural hedgebanks have been incorporated within residential areas. Whilst this has been
very successful in setting the development within an existing mature landscape the long-term
implications of placing housing immediately adjacent to agricultural hedges has proved to be
problematic. Given that the majority of the hedges have been retained through planning condition
there is now a consistent and ongoing burden on staff to resolve issues relating to the conservation
and management of these hedges.
3.
The aim of the Supplementary Planning Guidance is to provide specific details on the hedges and
their management but also to set a clearer framework for where, and how, hedgerows should be
incorporated within new development.
4.
The Environment Policy Development Group considered the Supplementary Planning Guidance on
10th January 2002. The minutes are as follows:
‘Consideration was given to a report aimed at providing comprehensive guidelines on hedges and
their management, by establishing a clearer framework for where and how hedgerows should be
incorporated within new development. It was noted that the document explained how adherence to
Policy DEV31 of the Local Plan could be achieved in practice. It was also reported that the
successful retention of hedgerows wherever possible within development sites had placed a consistent
and continuing burden upon staff to resolve relating to the conservation and management of such
hedges’.
During discussion, particular reference was made to:(a)
the comparison made in the document about ‘little difference existing between a hedge and
a car’, which aimed to get people to identify that a hedgerow is man-made and required
maintenance, which was an idea originally promoted in a leaflet produced for the Ivybridge
area and had been a successful image;
(b)
the inclusion of a section relating to highways improvements, in terms of achieving a
balance between improving visibility for road users and protecting hedgerow. Examples of
recent techniques used to move hedgerows back from roadsides at Halwell and Sorley Green
were highlighted;
(c)
the difficulties involved with shared ownership of hedgerows within new development;
(d)
a suggestion that the Local Agenda 21 Steering Group should consider this document prior
to presentation to Council.
The Environment Policy Development Group noted the contents of the report and endorsed its
presentation to Council in order to seek authorisation for public consultation.
LEGAL BACKGROUND
5.
The statutory background relating to hedge protection is dealt with in the Supplementary Planning
Guidance note and in summary hedgerows, or trees within them, are protected under the following
legislation:

6.
Hedgerow Regulations 1997
Town and Country Planning Act 1990
The importance of hedgerows within and around development is recognised within the forthcoming
South Hams Local Plan Review 1995-2011 Part One; General Policies. Paragraphs G3.100 – G3.105
deal with hedgerows and include policy DEV31 on the retention and management of hedgerows and
banks.
SUPPLEMENTARY PLANNING GUIDANCE
7.
The purpose of producing the guidance is to provide further detail in support of the Local Plan Policy.
Where the Local Plan Policy states the required end result the aim of the guidance note is to provide
further information on how to achieve that end result within a development.
8.
The document attached at Appendix 1 represents a draft Supplementary Planning Guidance note for
consideration by Members.
9.
The draft SPG note is presented without illustrations in order to allow text to be agreed for
consultation. Final production would need detailed formatting with illustrations in line with other
SPGs adopted by the Council. This would take place prior to public consultation and the document, if
approved by Council, will be placed for public inspection and copies will be circulated to those with a
direct interest including Developers, Agents, Amenity Societies, Parish Councils and others.
KEY ISSUES
10.
Rather than summarise the SPG here Members attention is drawn to those key issues which will be
either difficult to resolve or likely to have long-term impacts on Developers or the Council. The
following are drawn to Members attention.
BUDGETARY IMPLICATIONS
11.
Costs for production of previous SPG have been in the region of £400 for printing. Options for
minimising this, through electronic circulation and minimising print runs, will be investigated during
final drafting of the SPG. Consideration also needs to be given to the longer term costs of
implementing and monitoring the measures set out in the SPG. These costs are, however, inherent in
the implementation of the parent Local Plan policies and need to be seen in the context of delivery of
the Local Plan as a whole.
APPROPRIATENESS OF HEDGEROW RETENTION WITHIN DEVELOPMENT SITES
12.
As referred to in Paragraph 2 the retention of hedges within development sites has both benefits and
problems. The Local Plan Policy, as elaborated on within the Supplementary Planning Guidance
Note, seeks to strike a balance between these. What is being sought from the Developer is a survey of
the hedges to identify their condition and importance, and that based on this priority will be given to
the retention of important hedges in appropriate locations. Such locations would be noted as being
alongside roads, paths, within public opens spaces and at the boundaries of developments.
13.
Given the density of hedgerows within South Hams, and the fact that almost all are classified as
“important” under the Hedgerow Regulations, a blanket requirement for retention of all such hedges
in situ may significantly compromise a development. Comprehensive retention may lead to problems
with throughflow and layout and also unacceptably increase the land take of a development. Given
the potential problems that hedgerows can cause next to houses this blanket retention may not be
desirable in any case.
14.
The aim, therefore, within the SPG and the Local Plan Policy is to seek a balance between the
retention of the better hedges wherever practicable but that where other hedges are agreed to be lost
they should be compensated for elsewhere in and around the development. This would be through
either the movement of hedges or the creation of new hedges which better compliment a layout.
HEDGEROW TECHNIQUES
15.
The SPG sets out a number of techniques for the management of hedgerows, the translocation of
hedgerows and the planting of hedgerows. These are provided because of the number of times that
requests are made to the Council to give such information. It should be remembered that Developers
frequently do not specialise in this area of work and therefore some clarity over the Council’s
requirements is often of assistance.
16.
Nevertheless, there are as many types of hedge management and creation as there are people prepared
to give an opinion. Therefore such prescriptive detail may provoke a strong level of response which
might in fact detract from the overall aims of the SPG to set out the guiding principles. Members may
wish to consider whether it is appropriate to retain such levels of detail within the SPG. One
approach might be to retain the detail as a way of getting across the Council’s intention but to make it
clear that if any applicant can bring forward techniques that they can demonstrate will be equally
effective that these would be considered by the Council.
HIGHWAY IMPROVEMENTS
17.
Whilst much of the fragmentation of the hedgerow pattern within South Hams has historically been
due to agricultural improvement a significant amount has been due to highway works. The
requirement for highways safety is acknowledged but there is detail within the SPG proposing that
where highway improvements are considered to be necessary that full and proper hedgerow
restoration or translocation takes place. Historically this has not always been the case with a variety
of fencing or inappropriate hedging materials being used in replacement. Members are asked to
consider whether the section within the SPG strikes an appropriate balance.
SUMMARY
18.
Whilst the number of planning applications brought forward which include an agricultural hedge are
relatively limited, where they do occur they tend to be larger applications with significant long-term
implications. Therefore whilst the SPG probably has only a limited readership the long-term
implications of achieving quality development in and around hedgerows is likely to impinge on a
significant number of South Hams residents over the years. The primary purpose of the SPG is to
bring clarity to the Council’s intention in relation to hedgerow retention, management and creation
and to indicate the standards the Council will be seeking to achieve in relation to development.
RECOMMENDATION
That the Council RESOLVES that the Hedgerows and Development Supplementary Planning
Guidance Note be approved and released for public consultation.
Ross Kennerley
Tree and Wildlife Officer
Ken Carter
Coast and Countryside Service Manager
Alan Robinson
Chief Environment and Development Officer
Council
14 February 2002
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