Orchards under threat

If you are concerned that an orchard or a prominent fruit tree, or group of fruit trees, is being threatened, talk to the landowner or local residents to understand the threat level. If you are still concerned, contact your Local Authority’s Tree Officer or equivalent officer in the planning department. Contact us if you need help.

Criteria for protecting orchards

Orchards and fruit trees only enjoy statutory legal protection if they are:

• located in a Conservation Area (consult your Local Authority’s planning department to see if this applies)
• located in a National Park (see nationalparks.gov.uk)
• located in a National Nature Reserve (NNR) (see naturalengland.org.uk)
• located in an Area of Outstanding National Beauty (AONB) which have recently been rebranded as National Landscapes (see http://national-landscapes.org.uk )
• the subject of a Tree Preservation Order (TPO) (consult your Local Authority planning department to see if this applies)
• designated as a Local Nature Reserve (LNR) (see your Local Authority planning department or County Council’s environment department)
• designated as a Site of Special Scientific Interest (SSSI) (see naturalengland.org.uk)
• located within the boundary of a Scheduled Ancient Monument (see english-heritage.org.uk)

There are also various national and local non-statutory (mainly advisory as opposed to legally binding) regulations that apply to orchards and fruit trees, especially when they become the subject of planning applications. They are primarily designed to help protect the landscape from inappropriate development and further information about these can be found at the planning department of your Local Authority. Examples of these are:

Local Development Framework (LDF) – these are strategic planning policies and most Local Authorities in our region  list traditional orchards in their completed LDFs because they believe them to be important landscape features worthy of conserving wherever possible.

Planning Policy Statement 9 (PPS9): Planning for Biodiversity and Geological Conservation – all local authority planners can refer to this nationally recognised planning policy, whenever an orchard is threatened. This gives them various options for taking further action against the owners of a threatened site.

County Wildlife Sites (CWS) – a designation applied to areas which have been recognised as biodiversity-rich. CWS’s are gradually being incorporated into Local Development Frameworks so there will be a greater presumption against development on such sites in the future.

Local Biodiversity Action Plan (BAP) – since 2007, when traditional orchards became a Priority UK Biodiversity Habitat, several County Councils in our region have included traditional orchards in their list of BAPs. These work as framework documents, outlining targets for conserving and enhancing that county’s orchard habitat.  To see if orchards feature in your county’s Biodiversity Action Plan see: www.naturalengland.org.uk/ourwork/conservation/biodiversity/protectandmanage/ localbiodiversity.aspx