Veteran Trees: the Law and Planning

Despite their undoubted significance  ancient and veteran trees have no automatic right of protection;  . some individual trees may be covered by Tree Preservation Orders, but at the time of writing the great majority have no legal protection. Early in 2024 the Heritage Trees Bill was introduced in The Lords with the intention of allowing important veteran and ancient trees similar protection to that provided to  important archaeological sites when they are designated as Scheduled Ancient Monuments.  However the bill proceeded no further than its first reading and, since the election, is effectively defunct, leaving the vast majority of ancient trees with no protection under the law.

The planning system, however, does allow local planning authorities to give some protection where proposed development sites abut ancient woodland or where veteran trees are present. In these circumstances the local authority should adhere to government guidance as contained within the document Ancient woodland, ancient trees and veteran trees: advice for making planning decisions  
This recommends that planning authorities should refuse planning permission ‘if development will result in the loss or deterioration of ancient woodland, ancient trees and veteran trees, unless (a) there are wholly exceptional reasons  and (b) there is a suitable compensation strategy in place’

‘Suitable compensation’ should include mitigation measures in the form of buffer zones, more generally known as root protection areas (RPAs) within which no disturbance as a result of construction activity should be permitted.

For most trees (i.e. non-veterans) the RPA is based on the area of a circle with a radius of 12 times the trunk diameter of the tree, measured at 1.5m from ground level. This area is capped at a maximum of 707 sq. m (equivalent to a circle with a radius of 15m). However ancient and veteran trees are likely to have larger rooting areas and to be generally more sensitive to disturbance of the rooting environment so that RPAs calculated in this way are likely to be insufficient to ensure adequate protection.  

Thus for veteran and ancient trees the buffer zone should have a radius of at least 15 times the diameter of the tree. For example, a veteran tree with a diameter of 80cm (girth 2.5m) should have a buffer zone of at least 12m, while one of diameter 1.2m should have an 18m buffer zone. Sometimes it may be the case that the canopy of the tree spreads further than 15 times the trunk diameter, in which case the protection area should be extended to at least 5m beyond the edge of the canopy.

The guidance document also states that similar recommendations should apply to veteran trees growing on or near the boundary of an area of ancient woodland. However even if individual veteran trees are not present, the wider environment of ancient woodland should be protected by the establishment of a buffer zone boundary that extends to 15m beyond the woodland boundary.