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The Welsh planning system

(Please note, the Welsh Assembly Government is currently in the process of reforming the local planning system in Wales, however these details will remain relevant until new procedures are in place.)

Planning permission and planning policy
(open/close)

The planning system is important and it is essential to understand how it works. Most cases of woods under threat the Woodland Trust deals with relate to planning applications for development affecting ancient woods, parkland and individual ancient trees.

Felling trees and clearing land does not in itself require planning permission. A planning authority could only prevent that from happening by serving an emergency tree preservation order. However, felling may require a felling licence.

The planning system has two parts: forward planning and development control (increasingly known as development management):
  • Forward planning consists of planning policies produced by central, regional and local government to guide future development.
  • Development control over individual planning proposals is managed by local planning authorities, which must make their decisions within the framework set out by national, regional and local planning policies.

Permitted development covers certain classes of development which do not require a planning application under development control.

Development control over minerals, waste and transport may be carried out by a different planning authority from other types of development, or may be by the same body in the case of unitary authorities.

“Development” covers building work, and changes of use of buildings and land.

National planning policy guidance (open/close)

Planning Policy Wales (PPW) provides overarching principles of planning in the country. The policies provided in this guidance should be reflected in local development plans. PPW provides the best national protection for ancient woodland of any country in the UK stating: “ancient and semi-natural woodlands are irreplaceable habitats of high biodiversity value which should be protected from development that would result in significant damage.” It also states: “local planning authorities should seek to protect trees, groups of trees and areas of woodland where they have natural heritage value or contribute to the character or amenity of a particular locality.” (PPW para 5.2.8).

Local development plans (open/close)

There are 22 unitary counties and three national park authorities which are all supposed to have prepared unitary development plans (UDPs) for their areas. These provide the framework within which individual planning applications are considered.

What you can do (open/close)

UDPs are generally produced in consultation draft form (often replaced or preceded by an issues report), before a formal deposit draft is published. After a consultation period, the planning authority considers any representations, and may issue proposed changes in an attempt to overcome at least some of the objections and then publish subsequent drafts (second deposit draft).

If you are concerned about a specific development proposal, you need to check the stage of the UDP. If you can still feed comments in on the development proposal, then the earlier in the process the better. You can feed comments in through formal consultation procedures as set out by the council.

You need to check the details of the development proposal set out in the plan. It is also helpful to check what protection ancient woods and trees have under the plan and ensure that it provides adequate protection in line with PPW. If the proposal is contrary to the plan, or to policies contained in the plan, this will add weight to your campaign.

If the development has been approved in a previous plan and the land is designated for that use then you need to engage with the ‘development control system’ which involves objecting to specific planning applications (see Planning permission for more details).

You can comment on development plans even if you are not concerned about a specific proposal. Ensuring the plan contains the best possible protective policies for woodland and trees will pre-empt development proposals that could lead to their damage or loss. When commenting on development plans you can refer to national planning policy guidance.

Find out more (open/close)

  • Your local council’s website, planning policy office or local library should be able to provide you with details of the UDP.
     
  • The document 'Unitary Development Plans - A Guide to Procedures' is available from the UDP page of the Welsh Assembly website, along with other useful information about UDPs in Wales.

Related sections (open/close)


Disclaimer. This information is based on the experiences of the Woodland Trust and Ancient Tree Forum in dealing with cases of woods and trees under threat. While its content is intended to broaden understanding of the process, the Woodland Trust and Ancient Tree Forum do not accept liability for any errors or omissions or for any loss arising from use of the information contained herein by other parties. In any circumstances outside the knowledge and competence of an individual, he or she should always seek advice from an appropriate qualified professional such as a surveyor or solicitor depending on the case. None of the information on this web-page is to be relied upon as a statement of fact.

 

Campaigner's guide

Ancient woods and
trees


Protective designations

Other protective
regulations


The planning process

Campaigning

Guide in full



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