ABSTRACT
Local planning authorities are encouraged to impose conditions on planning permissions requiring the planting or preservation of trees. These conditions can be enforced by means of a Breach of Condition Notice (BCN) (see Chapter 18, para 18.3). Unlike ‘normal’ planning conditions, those requiring the planting of trees or other forms of flora cannot be implemented other than in the planting season, nor can the initial act of planting ensure the survival of newly planted species. Planting conditions, therefore, require careful wording if they are to result in the desired outcome, and the following model condition is set out in Append 4 of Circular 36/78:
Note: from the author’s experience, this model condition is suspect as it does not include any reference to the size of plant material which shall be planted. The local planning authority will be well advised to control this by amending the above condition or adding a specific additional condition to a planning permission.
