BTF blog

Response to the Local Plan Scoping Consultation

by Chris Wallace, Chair of Bristol Tree Forum

On behalf of Bristol Tree Forum, I submitted a document in response to the first stage of consultation, on the scope of the plan and its development, outlining our concerns about the development of the next iteration of Bristol’s Local Plan.

there is on the

One main concern was how little mention there is of trees (1 word) and the urban forest (none) . The urban forest and the wider green environment are core to the liveability of the city. To balance the multiple demands on city space and resources they need a seat at the table when policy is being determined and at the moment they are have none.

Mark Ashdown has also submitted his response .

TreeBristol Tree Champion Training

Blaise Nursery, 1 October 2026

A diverse group of people stands together in a grassy area, gathered around a newly planted tree. Some individuals are smiling and posing for the photo, while others hold gardening tools. A wheelbarrow is visible in the foreground.

Bristol Tree Forum have been working with the TreeBristol team, particularly Helen Humphries, to provide initial training to support our Tree Champions working on the ground with trees in Bristol. There are now 4 of us who have done the training for Lead Parks Volunteer and able to lead parks activities. Now the objective is for Tree Champions to work with trees in parks and open spaces and survey trees throughout the city.

On 1st October 2026, the big day arrived and 14 of us arrived at the Blaise Nursery for the first event of its kind. This was also the first face-to-face meeting since the AGM so a chance to meet new TCs and old friends only seen in Zoom meetings.

We were greeted by the session leaders, Holly Paton and Jack Bowman in the Community and Therapeutic Glasshouse, a great space for this kind of event. Throughout the day Holly and Jack, supported at times by the two Parks Volunteer Organisers Nic and Hayley, handled our many questions patiently and rather surprisingly we did manage to get through the program. This is the first run of this training for TreeBristol, and the introduction of new tools for recording surveys and they both handled this challenge brilliantly.

We all greatly welcome the opportunity for our Tree Champions to take an active part in the care and growth of Bristol’s Urban Forest, while of course continuing our independent ethos of holding the council to account when needed.

The training

We started with the outline of the proposed tasks and training therein by TreeBristol for Tree Champions – see appendix.

The training concentrated on 3 aspects: Surveying potential Tree Planting Sites; Checking on young trees; Care of young trees especially.

Surveying potential tree planting sites

There are many sites around Bristol which have been at some time identified as a potential planting site but cannot be used as such without checking that they are usable as such. This would allow a number of tree planting locations to be available for either the Trees4Streets (T4S) Tree Sponsorship, Section 106 or a national Tree planting fund.

A new website has been developed in-house to support the recording of these surveys by individuals. This can be seen as a citizen-science project like those in Zooniverse where participants with access to suitable training material can visit a location and survey different aspects which affect its suitability. Officers will then carry out further checks on potential locations for example on underground services. 

The website has only just been developed and there are questions about the training material, whether citizen surveyors can see which locations have already been surveyed, whether two surveys are better than one (a la iNaturalist). Judging from the map there are hundreds of such locations and organising the survey work will be necessary. The relevant data is on the BCC GIS system which we can use for planning group events.

Surveying the Health of Young Trees

Another web-based tool is being developed to report on the health of young trees. For this task the training material is more developed and looks very usable. The question arises about the visibility to the surveyor of previous reports on the same tree, to avoid duplication of effort and to allow judgement of the tree’s condition over time. The base data for these surveys is already available from the BCC GIS system and has been incorporated in TreesofBristol where the trees in each planting year are mapped and can be analysed by species. (Surprisingly perhaps, there were 162 different species or cultivars planted in 2024/25 with Malus domestica topping the list).

The range of data to be collected appears to be a super-set of that needed for the audit carried out by Trees4Streets but while TreeBristol plan to survey trees in their 1st and second year, T4S survey in 1st and 3rd Year.

This topic gave rise to a lively discussion about when tree guards and straps should be removed, what maintenance of which trees by whom is allowed, the failure rates of plantings and more.

Tree maintenance in an orchard

After lunch, we set off with barrows of mulch and tools to a small orchard in Blaise Estate. It was clear that the orchard was not being maintained, partly because there is no community group to care for it. But as a result, the trees exhibited a wide range of problems; tree guards and straps left on too long; branch damage due to tree cages; graft junctions buried underground; strimming collars buried; root stock growth not removed; lack of formative pruning; lack of species labelling (important in an orchard). Curiously, the location of trees is misplaced as can be seen on Pinpoint (zoom in). The ToB data for a typical tree (an apple which looked dead but wasn’t) shows that the orchard was planted in 2021-22. As is common, the measurements and condition of the trees have not been updated since it was planted and this information is useful to maintain when caring for an orchard.

Future work

Feedback on survey tools: We are ready to test and provide further feedback on both tools when we are able to access them.

Pruning: There was a general enthusiasm by Tree Champions to be able to manage trees through judicial pruning. We anticipate that a future course in orchard pruning will enable TCs to carry out this task in appropriate situations. 

Instructional material: We look forward to receiving the excellent training material presented. One useful addition would be a description of the standard tree cage, how it is meant to work and how long the tree should be strapped, given the need for the tree to develop its own strength (thigmomorthogenis) Similarly for watering bags, how big  and how they should be used 

Contact point: There was a lot of material covered in the time and Tree Champions will have further questions as they review the material and start to use the tools. A single point of contact for such queries is needed.

TreesofBristol:  We would like to arrange a session with TreeBristol staff to increase awareness of what this website can do to complement BCC resources for understanding and recording Bristol’s Urban Forest.

Summary

A great start to more collaborative working between Bristol Tree Forum and TreeBristol. New opportunities to contribute to the care of the Urban Forest have been created, new skills acquitted and friends made.  

By Chris Wallace

A smiling older man with glasses and a beard stands in a green field, pushing a wheelbarrow filled with gardening tools.

Appendix 

Volunteer tasks

OpportunityTasks
Observation and reportingYoung tree checksChecking historic tree planting locationsIdentifying new tree planting locationsIdentifying veteran treesReporting visual issues
Citizen EngagementProviding advocacy for any large planting projectsSupporting with planting consultations including community engagement and site visitsJoining TreeBristol at city nature events
Practical tasks – Parks and green spacesUndertake newly planted woodland or hedge maintenance on agreed sites, including:Replacing any lost bamboo canes and guardsStraightening canes where neededClearing any weed growth from the guards/ matsMulchingDead tree checkUndertake newly planted tree maintenance in parks/ green spaces on agreed sites, including:Weeding and mulchingRemoval of stakes and guards – only with pre-arranged agreement with TreeBristol to ensure collection of removed materials.One Tree per Child tree planting and maintenance days

Please note, as previously mentioned, practical tasks can only be undertaken in parks and green spaces due to the risks/ legal requirements for any work on the adopted highway. Also, these tasks will be open to wider volunteers as well and may serve as an opportunity to promote the BTF Tree Champion role.

If these are areas you would like to be involved in, there is a staged process to get these activities up and running. We would train a number of BTF Tree Champions as Lead Volunteers and then the TreeBristol team would then provide specific training on the tree tasks above. The Lead Volunteers would then organise/ oversee other BTF Tree Champions to undertake these tasks. 

Now the airport’s own figures make our case: an update on Cook’s Farm

Cook’s Farm – rich in ancient habitat and biodiversity but now threatened by the planned expansion of Bristol airport.

Last July we wrote about the quieter fight next to Felton Common — the threat to irreplaceable habitat at Cook’s Farm from Bristol Airport’s plan to expand from 12 to 15 million passengers a year. We lodged a detailed objection. Our central point was simple: the airport wanted to bulldoze centuries-old habitat but its evidence didn’t add up, and the law said that should matter.

The airport has just responded by publishing a large tranche of ‘further information’ — an updated Environmental Statement, revised reports, and, for the first time, its full Biodiversity Net Gain calculation as a working spreadsheet. It was meant to answer North Somerset Council’s questions and to shore up the application.

It does just the opposite: the airport’s new evidence now confirms what we said in May — and in one respect it makes the case against the application considerably stronger. Here’s what has changed.

The airport now admits its plans will lose five veteran trees

In May we argued that the veteran trees the airport proposed to ‘translocate’ should be treated as lost, because moving trees of this age is a high-risk operation that almost never succeeds. The application originally presented the loss as a single tree, then three.

The airport’s own updated evidence now records the loss of five veteran trees. Its biodiversity spreadsheet puts it plainly: the affected trees ‘comprise a total of 5 ancient/veteran trees… all are in good condition. All of these will be lost.’ Translocation is now proposed for only three of the five — which is, as we set out before, just a plan to kill them slowly rather than a genuine solution.

We are not the only ones to reach this conclusion. North Somerset Council’s own ecological reviewer told the airport that treating translocated veteran trees as ‘retained’ is ‘inappropriate’ and that any veteran tree that cannot be kept where it stands ‘should be considered ‘lost’’. The airport has now accepted this. It’s a significant admission: the true scale of irreplaceable-habitat loss was understated when the previous evidence was submitted.

The data we were refused — and what it reveals

In May we recorded that we’d asked for the airport’s survey data and biodiversity metric in a usable spreadsheet form so the figures could be checked — and that our request had been refused, leaving us to analyse the evidence ‘as best we can’.

The airport has now published the full metric as a working spreadsheet. We welcome that; it is what should have accompanied the application from the start. Now that the numbers can actually be interrogated, they tell a striking story.

Nearly every major development must now deliver a biodiversity net gain of at least 10% — it must leave nature measurably better off. The airport’s own metric shows the reverse. On its own figures the scheme produces a net loss of around 32.5% in habitat units and 27.4% in hedgerow units. The spreadsheet flags, in its own words, that ‘net gain is less than target set’, and even warns that there are unresolved ‘input errors/rule breaks’ in the calculation. No off-site provision has been entered to close the gap, so the shortfall stands.

In other words: a scheme that is legally required to improve biodiversity by at least 10% would, on the applicant’s own arithmetic, destroy roughly a third of the site’s habitat value instead.

Breaking the trading rules

There is a further, more fundamental problem. The biodiversity metric has ‘trading rules’ that stop developers seeking to compensate the loss of valuable habitat by creating less valuable habitat somewhere else. Lose species-rich calcareous grassland, ancient hedgerow or veteran trees, and you must replace them with the same thing or better — you can’t swap them for a patch of ordinary grass and call it even.

The airport’s own spreadsheet records these rules as not satisfied — for its high- and medium-value grassland, and for its hedgerows. To meet both the 10% target and the trading rules, the airport would need to find, of the right type and quality, roughly 241 units of new habitat and 31 units of hedgerow — the great bulk of it medium-or-higher-value grassland, plus around 20 units of species-rich native hedgerow. None of this has been identified, on site or off it.

And the veteran trees sit outside the system entirely: as irreplaceable habitat, no quantity of new habitat can compensate for them at all.

Still no real compensation

That last point is key. National planning policy says that development resulting in the loss or deterioration of irreplaceable habitats such as veteran trees (there are at least 21 on site) should be refused unless there are wholly exceptional reasons and a suitable compensation strategy already exists. Asked in its own spreadsheet whether bespoke compensation for the veteran trees has been agreed, the airport’s answer is a single word: ‘No.’ Its updated documents describe only an ‘emerging’ strategy that ‘may include, but may not be limited to’ moving three trees — unwritten, unagreed, and left to be sorted out later.

The airport may say the details can be settled after permission is granted. For ordinary habitat, that may be partly true, but for irreplaceable veteran trees, and for the protected bat habitat this scheme also affects, a secured solution is required now, at the decision stage — not promised for the future. None has been provided.

The hedgerows matter too

It is worth remembering what some of these hedgerows are. Native and species-rich hedgerows are a ‘priority habitat’ that national and local policy require to be protected and enhanced. And as we noted in May, nearly all the hedgerows on Cook’s Farm appear on the tithe maps of the 1840s. Hedgerows that old and that rich in species are very likely to be ‘important’ hedgerows under the Hedgerows Regulations 1997 — a status that brings its own legal protection against removal. The airport’s further information still doesn’t identify which of the hedgerows it wants to grub out are ‘important’ in this sense. It should.

And Felton Common?

The proposals for Felton Common — the 8.5-metre high approach lights and fencing across protected grassland — are essentially unchanged, now described in more detail. For the record, that grassland loss is folded into the very same biodiversity sums that already fail to add up.

Where this leaves things

The airport had a chance to fix the problems we identified in May. Instead, its further information only confirms them:

  • It now admits losing five irreplaceable veteran trees in good condition, with no agreed way of making up for them.
  • Its own biodiversity calculation shows a net loss rather than the required gain.
  • It breaks the rules that are meant to stop valuable habitat being traded away for less valuable habitat.
  • The compensation remains a mere promise rather than a plan.

Our position is unchanged: we say these problems must be resolved before the application is decided. On the evidence now available, the Council should refuse it. For everyone who cares about Cook’s Farm — its ancient hedgerows and the veteran trees standing in them — this remains the line worth holding.

You can read our full response to the airport’s further information here:

BTF – Supplementary Comments – 30 September 2026

BCC Parks Lead Volunteer Training

By Dave Jones

A peaceful park scene featuring lush greenery, large trees with autumn leaves, and a few people sitting on the grass. A pigeon is walking nearby.

As part of the Victoria Square improvement project, I attended the lead volunteer training at Blaise nursery, which is organised by the parks department. The training will allow us to be able to lead planned volunteer activity using hand tools on council land with full insurance cover!! The training session was run by Nic Ferris and Hayley Swift (read about all the staff) who had prepared everything so well for the day including endless hot and cold drinks and biscuits. During the course participant introductions I was fascinated to hear about the broad range and challenges of their volunteering activities.

During the introduction to the course we touched on the Bristol Parks and Green Space strategy. I hadn’t been aware of the drive for community participation, quoted here .“Bristol’s parks will be managed in partnership with communities. Community groups across Bristol will be empowered to improve our parks, manage areas, and deliver their local vision. The power
and resilience of community groups will be improved by their access to and involvement in parks and green spaces”
   Powerful words which really explain why we are doing the training and how it can help!!

We spent a fair bit of time on risk assessments, a key aspect of keeping volunteers safe, and realised it is a continuous thinking process throughout the work, not just a pile of forms to fill in and forget. The parks department have produced guidance on all aspects of the likely
tasks that will be undertaken and appropriate forms provided for communicating plans,details of contacts and the steps to take in a new project. I don’t remember one questionraised in the day that wasn’t addressed quickly with a good answer.

All of the other groups work by communicating with a contact in the parks department, and if trees are involved in their project, the parks department liaise with the tree department. With our project, we liaise with the tree department and if park specific issues are involved, then communication with the parks is done by the tree department, a new arrangement as this is a pilot project.

We did a practical risk assessment session and had a demonstration of hand tools and a practical run through of organising a project by Joe McKenna, which was excellent as he has led many projects himself. One of the many tools demonstrated was a ‘tree popper’, a device for lifting self seeded trees and their roots from the ground, its robust construction shows how strong roots of even a small tree can be! All tools can be loaned from council depots for these projects. Joe is also available to consult on plans or specific problem tasks. His background is in tree surgery so is an ideal person to be able to assist with this project.

There is more to do, much more. We need to do a survey of the site, where invasives and self seeded trees are, where the planting opportunities are and identify the trees to fill the gaps. Victoria Square has been managed like an arboretum in the past and we need a plan
which maintains this valuable amenity. Up and coming for our Tree Champions is the tree training day provided by TreeBristol so watch this space for an update then.

We need to talk about – Tree of Heaven

The landscape around airports is never the most attractive – obsolete buildings, broken concrete yards, wasteland and neglected roadsides. Bari (Italy not South Wales) was no exception. Taxiing into the city, I began to notice a bright green tree with pinnate leaves and large clusters of brown ‘samaras’ or keys -winged seeds. They dominated the roadsides and gaps in buildings. I now also remember seeing them on the circle line in Kensington.

Tree of HEaven

The trees were Tree of Heaven, Ailanthus altissima. The species originated in China and was introduced to Europe around 1740. It has been widely planted as an ornamental tree in parks and streets. A. altissima and other species are very fully described in Trees and Shrubs Online

On the upside, the foliage is attractive, it grows to a great height (as the epithet altissima implies), and very quickly. It is drought-resistant and tolerant of poor soils.

Female (left) and Male Tree of Heaven in Bari

On the downside, especially in favourable climatic conditions, it is an aggressive pioneer species, it produces hundreds of thousands of wind-dispersed seeds a year, it suckers vigorously when the tree is cut and the roots often cause subsidence – and the foliage smells bad!

Seedling growing in city wall, Bari

Research has also found that the tree is an allelophyte – it produces biochemicals which inhibits the growth of plants from its roots. The main component, Ailanthone  offers possibilities as an organic herbicide but it is expensive to extract

Trees intentionally planted in the UK seem well-behaved. However its behaviour in Bari and now in London show that it is dangerously invasive weed. It is a major problem in American cities and alarm was raised nearly 20 years ago in the UK The species is now registered as an invasive alien in England and Wales via retained EU legislation Restrictions on invasive non-native (alien) plant species in England and Wales. This means that you must not:

  • import
  • keep
  • breed
  • transport
  • sell
  • grow, cultivate or permit to reproduce

You are not required to remove existing trees on your own or public land, but you must not allow the tree to spread.

In ENGLAND and Wales

The Guidance above suggests that trees in the wild should be recorded on IRecord which is operated by BRC This maps shows the Tree of Heaven records across England and Wales.

The Botanical Society of Britain (BSBI) also collects records , here of A. Altissima shows a similar distribution.

Clearly, there is a problem in London and surrounds. Trees often spread along roads and railway lines and with climate change, spread from London seems inevitable.

In Bristol

Currently only 2 wild trees have been recorded in IRecord over the past 6 years, and a similar number on BSBI, so either there really is a low occurrence in the wild, or IRecord is not widely used in Bristol.

There are 61 Trees of Heaven in our records. which include 6 at Tyntesfield. Last year, a rather magnificant tree in Montpelier was felled due to damage to nearby buildings. I was able to grab one of the cookies from a stem and counted the rings. Over 1 cm increase in DBH per annum so this very prominent tree was probably planted around 1970.

Amongst the trees planted by Bristol City Council are three trees planted in Muller Road Recreation Ground. Two are male, one female. The female is accompanied by a group of seedlings which have been allowed to remain.

But what about The Canopy?

It would be interesting to know how much of Bristol’s tree canopy is due to self-seeded trees. Would it so bad to have another species adding to the canopy in those parts of the city where the canopy is unmanaged – roadsides, railway corridors, brownfield sites, riverbanks, and private back gardens? It certainly would – Ash and Sycamore already fill that niche in the UK and Tree of Heaven has no ecological value, indeed a negative value since it supresses trees with ecological value.

What can we do?

  • Learn to recognise Tree of Heaven. It can be confused with other species with large pinnate leaves like Ash, Staghorn Sumac, Walnut and Robinia .
  • Sample the unmanaged areas most likely to be gaining Tree of Heaven
  • Report observations on IRecord. and to BCC

Temporary development, permanent loss: a closer look at the five-year exemption

Two new exemptions from biodiversity net gain (BNG) came into force on 6 August 2026. The first exemption, for sites of 0.2 hectares or less, has drawn the most attention, and it’s the subject of our last post – Small sites, big losses: The BNG exemption is the strongest argument yet for a national tree replacement standard.
The second exemption, Regulation 7B, is for development that’s wholly temporary, where planning permission is granted for five years or less. It deserves a closer look.

What regulation 7B does

The temporary development exemption is regulation 7B of the Biodiversity Gain Requirements (Exemptions) Regulations 2024, inserted with effect from 6 August 2026 by the Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026. It applies where three conditions are met: 

  1. The development doesn’t affect an onsite priority habitat. 
  2. The whole development is temporary. 
  3. The specified period for the development doesn’t exceed five years. 

Individual trees are not priority habitat, so felling them doesn’t disturb the exemption. So far, so unremarkable. The interest lies in how the regulation defines its five years.


The five-year clock includes restoring the land

Under 7B(8)(d), the specified period is the period at the end of which buildings and works must be removed, any use must be discontinued, and — this is the part that matters — ‘any works to reinstate the land are required to be completed’.

Two things follow. First, the clock includes the reinstatement window, not merely the operational life of the development. A scheme needing five years of use plus a restoration period afterwards doesn’t qualify, and falls back into BNG. That’s a real constraint, and one to which an authority can hold a developer.

Second, and more revealingly, the regulation defines temporariness by reference to the land being put back into its pre-development condition. That’s an assumption of reversibility written into the heart of the provision — and it’s precisely the assumption removing a tree undermines. You can reinstate the ground but you can’t reinstate a mature tree, not in five years and probably not in 50. The development is temporary but the loss is effectively permanent.


The impact test also cuts the other way

There’s one further point in 7B(8)(f) that runs in the opposite direction, and it narrows the exemption considerably. This is the condition that the development won’t affect onsite priority habitat, which is habitat being ‘lost or degraded such that there is a decrease in the biodiversity value of that habitat’. There is no de minimis threshold in the definition, and — more strikingly — no temporal qualifier. Nothing requires the decrease to be permanent, or lasting, or significant.

For example, a five-year compound laid across priority grassland which would recover within a decade still causes a decrease in biodiversity value, and so is not exempt. The test is a simple one: on any site carrying priority habitat, an officer must ask whether biodiversity value decreases at all. If it does, regulation 7B doesn’t apply and a biodiversity gain plan is still required.

Note, too, that this is a test of impact, not of presence. A site may contain priority habitat and still be exempt, provided the development genuinely leaves it alone. But with the threshold set at zero, any encroachment into the priority habitat defeats it — even compaction from vehicle movements, storage on the habitat, or trampling on it that would recover in two seasons.

However, individual trees are not a priority habitat and are not protected by regulation 7B. A temporary development may remove trees or tree canopy without restriction. This is why we need to make separate provision to protect trees, especially in urban areas where development pressures are the highest. Imposing conditions when an application is granted is the one tool planning authorities have that can help resolve this.

Drafting reinstatement conditions to protect trees

Section 72(1)(b) of the Town and Country Planning Act 1990 expressly permits a local authority to impose a condition requiring the carrying out of works for the reinstatement of land, and it is for the authority to say what reinstatement requires. Restoring land to its former condition includes its vegetation cover. Replacement planting can therefore come within the condition, provided the authority can point to a policy that justifies it.

The temptation is to put everything into that reinstatement condition and deal with it at the end of the five years, but this is the wrong way round. A tree planted in year one has five years more of growth by the time the compound is dismantled; a tree planted in year five must start from scratch, after five years of canopy loss (though the BNG metric calculator can factor in this delay). The requirement would be better split across two conditions.

Another thing to get right is duration, and here the benchmark is not the usual five-year planning norm but the BNG regime timescales where, in the case of replacement trees, the target final condition is at least 30 years from completion of the development. This can be secured by a planning condition, a section 106 agreement or a conservation covenant. If the local standard is to deliver what the national regime would have delivered, then replacement trees need the same protection. 

A local authority can draft the reinstatement conditions in two ways. 

Condition A — replacement planting at the outset

No development shall commence until a tree replacement scheme has been submitted to and approved in writing by the local planning authority. The scheme shall identify every tree to be removed to facilitate the development together with its size category, assessed in accordance with BS 5837:2012 and the size bands in the statutory biodiversity metric, and shall provide for replacement planting at the ratios set out in policy [X], specifying locations, species, stock sizes, and a management and monitoring plan. The approved planting shall be carried out in the first planting season following commencement of development. The replacement trees shall be maintained in accordance with the approved management and monitoring plan, and retained, for a period of 30 years beginning with the completion of the development. Any replacement tree which within that period is removed, dies, or becomes seriously damaged or diseased shall be replaced in the following planting season with a tree of the same size category and, unless otherwise agreed in writing, the same species.

Reason: to ensure that the loss of trees arising from the development is compensated in accordance with policy [X], that replacement canopy begins to be established at the earliest opportunity, and that it is secured for a period equivalent to that required for habitat enhancements under the biodiversity gain condition.


Condition B — reinstatement at the end of the period

The use hereby permitted shall be discontinued, and all buildings, structures, plant, machinery and hardstanding removed, on or before [date]. The land shall thereafter be reinstated in accordance with a scheme of reinstatement to be submitted to and approved in writing by the local planning authority, all works of reinstatement to be completed on or before [date]. The scheme of reinstatement shall provide for the retention and protection of the replacement trees planted under condition A, and for the making good of any ground disturbance within their root protection areas.

Reason: the permission is granted for a limited period only, and to ensure the land is restored and the replacement planting retained.

Here are four practical notes on using these two conditions:

  1. Both dates in condition B must fall within five years if the applicant is relying on the exemption. The specified period ends when reinstatement is complete, not when the use stops.
  2. All conditions must satisfy the six tests set out in the NPPF and the Planning Practice Guidance: they must be necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise, and reasonable in all other respects.
  3. Secure a 30-year obligation. Defra’s own guidance accepts a planning condition as one of the three mechanisms, so an authority imposing one is following the department’s lead rather than striking out on its own. But a condition is enforced against whoever owns the land at the time, and enforcement 25 years and, say, three owners later is a real practical difficulty. Where the planting is substantial, a section 106 obligation is the better instrument: it runs with the land, binds successors, and is registrable as a local land charge so it shows up on a search. For householder-scale replacement, where such an agreement could be disproportionate, a condition combined with a Tree Preservation Order on the replacement trees could possibly achieve much the same for a fraction of the cost. Monitoring should be proportionate too: reports at years one, three, five and ten will tell an authority what it needs to know without committing anyone to three decades of annual paperwork.
  4. A condition can’t require works on land outside the applicant’s control. This is most important on small sites — a 0.15 hectare plot which loses 18 mature trees can’t physically accommodate 90 replacements. Any workable standard therefore needs an off-site option — planting elsewhere (preferably nearby) in the authority’s area, or a commuted sum calculated on the cost of planting, establishing and maintaining the shortfall for 30 years — secured by a section 106 obligation rather than by condition. For smaller schemes a negatively worded Grampian condition, preventing occupation until the off-site planting has been carried out, is a cheaper alternative. A standard without that option will simply be negotiated down to whatever the developer believes will fit on the plot.

What regulation 7A leaves out

Set the two new exemptions side by side and the small-sites provision looks noticeably thinner than its temporary development counterpart. They share the priority habitat condition and the definition of impact discussed above. The following three things separate them.

There’s no anti-stacking rule. Regulation 7B(7) expressly aggregates successive grants for the same temporary development, so a developer can’t take five years and then another five. Regulation 7A contains no such equivalent. Nothing on the face of it prevents a larger site coming forward as a series of applications each at or below the threshold, every one of them exempt. Authorities can resist using ordinary principles about what constitutes a single development, but that’s a contest on the facts every time rather than a rule. The department plainly considered the risk of gaming the duration. It appears not to have considered the more obvious risk of gaming the area.

‘Site’ is not defined. Regulation 7A(3) refers to ‘a site which has an area no larger than 0.2 hectares’, and the interpretation provision at 7A(6) defines every other term but that one. The red-line boundary is the sensible reading and the one we’ve adopted, but it’s not what the regulation says. One consequence is at least helpful: area is two-dimensional, so canopy oversailing a plot adds nothing to it. The 0.18 hectare site described in our last post, carrying 0.33 hectares of canopy, remains a 0.18 hectare site.

There’s no protection against clearing the site first. The first condition asks whether the development impacts an onsite priority habitat, assessed as matters stand when permission is sought. Where the habitat has already been cleared, there’s nothing left for the development to impact. The BNG regime properly guards against this: habitat degraded since 30 January 2020 otherwise than in accordance with planning permission is assessed at its baseline pre-degradation state. But that guard operates within the definition of pre-development biodiversity value, and 7A doesn’t use that concept. However, this is a question for a planning lawyer rather than for us. If it doesn’t, first-clear-then-apply is a route directly into the exemption.


A circularity at the heart of both exemptions

‘Biodiversity value’ is not a loose description. It’s a statutory term, measured using the biodiversity metric and its guidelines. So the question of whether a habitat is impacted — and therefore whether the developer is exempt from producing a metric — is expressed in terms that only a metric can establish. The test for exemption from the metric is written in the metric’s own currency.

In practice this makes both exemptions self-certifying. The applicant asserts the exemption; without a survey nobody’s in a position to test the assertion, and no survey is required, because the exemption is precisely what removes the gain plan. Where a site plausibly carries priority habitat, the planning authority should ask for enough survey information to satisfy itself that the exemption is properly claimed. This is merely validating a claim, not imposing BNG by the back door.


What we’re asking for

  • Where temporary permission is granted, replacement planting should be required at the outset with the reinstatement condition requiring those replaced trees to be retained and protected. This needs no change to national policy and could be adopted immediately.
  • Replacement trees will be maintained and retained for 30 years from completion of the development, with failures replaced throughout that period — the same protection BNG requires for a significant on-site habitat enhancement.
  • Authorities should ask for enough survey information to satisfy themselves that exemption is properly claimed, rather than accepting the applicant’s assertion.
  • Defra should insert into regulation 7A an aggregation provision equivalent to regulation 7B(7), so that a larger site can’t be brought forward as a series of sub-threshold applications. It should also define what ‘site’ means for the purposes of the 0.2 hectare threshold.
  • Defra should insert an anti-degradation provision to both new exemptions, so that neither the area threshold nor the priority habitat condition can be satisfied by prior site clearing before an application is made.

Notes

A note on citation. The two new exemptions are regulations 7A (small sites) and 7B (temporary development). They’re not part of the original 2026 Regulations themselves: these are amending regulations inserted into the Biodiversity Gain Requirements (Exemptions) Regulations 2024.

The model conditions above are offered as a starting point for discussion, not as approved wording. This post sets out our reading of the regulations; it is not legal advice, and anyone relying on the position for a consultation response, a condition, or an appeal should seek their own expert advice.

A companion post, ‘Too many exceptions: why BNG was never going to protect our trees’, looks at the much longer list of development the biodiversity gain condition has never applied to.

Looking at Bristol’s development sites

Since the Government changed the biodiversity net gain (BNG) rules last month, the smallest development sites – 0.2 hectares or smaller – no longer have to deliver a BNG of at least 10% as part of their proposal. We wanted to know what difference this change will make to the protection of nature, and specifically trees, within Bristol.

We looked at every Full Planning application that Bristol validated between 6 and 31 August 2026  (the applications carrying the suffix ‘/F’, householder applications having their own suffix and their own exemption from the BNG regime). There are 28 of them, and every single one is on a site of 0.2 hectares or less. This means that none of them now needs to deliver any biodiversity gain: all are under the threshold, and none records an impact on a priority habitat.

However, only eight of these applications would have had to deliver BNG before 6 August in any case. Eighteen were already exempt under the de minimus rule (which remains in force, though perhaps now is redundant for small sites like these), while one was covered by the self-build exemption, itself withdrawn on 6 August, and another cannot be decided from the published evidence.

The de minimus rule exempts a development from the BNG regime if it impacts less than 25 square metres of on-site habitat carrying any biodiversity value, and less than 5 metres of linear habitat such as a hedge with biodiversity value, and doesn’t include a priority habitat. The limit is on what the development impacts, not on how big the development is. Sealed surfaces, buildings and hardstanding all score zero in the metric, so a proposal can cover such a site entirely and still impact nothing above the de minimus threshold. Fourteen of the 18 applications are exactly that, even though they are all larger than 25 square metres: they include the installation of shop frontages, air conditioning units and parcel pick-up lockers, a replacement conservatory on to an existing terrace, and a basement-level extension on existing hardstanding.

This leaves eight (almost a third of the sample) that would not have been exempt before 6 August but are now. Each is a dwelling or a subdivision of land that is, or was, garden. The new exemption never asks what stands on the site. It asks only whether a priority habitat is impacted and if the site is 0.2 hectares or less; the habitat on the site is not measured at all. The de minimus rule did measure it — and so a single small tree, which has a habitat area of 41 square metres, would defeat the de minimus exemption if affected. But an individual tree is not priority habitat, so, even if the combined tree habitat area within a development site might be greater than 0.2 hectares, the new exemption still applies.

This is why we are asking for a new way to protect urban trees: a tree replacement standard in every local plan.


This is a follow-up from Small sites, big losses: The BNG exemption is the strongest argument yet for a national tree replacement standard

The full analysis is in the accompanying spreadsheet – Sub 0.2 ha applications – BNG analysis.xlsx.