Development proposals can pose a serious threat to ancient woodland, ancient and veteran trees, and the wildlife that they support. Effects of development can be both direct and indirect.
Policy 6(b) of the National Planning Framework (page 44) states that ‘development proposals will not be supported where they will result in (i) any loss of ancient woodlands, ancient and veteran trees, or adverse impact on their ecological condition...’
Part (c) of Policy 6 states that ‘development proposals involving woodland removal will only be supported where they will achieve significant and clearly defined additional public benefits in accordance with relevant Scottish Government policy on woodland removal. Where woodland is removed, compensatory planting will most likely be expected to be delivered.’
Development affecting ancient woodland would therefore need to demonstrate that the public benefit of the proposal (e.g. a major infrastructure project) would outweigh the loss or deterioration of the habitat.
The starting point for any development proposal should be to identify ways to avoid harmful impacts to ancient woodland or ancient and veteran trees, such as looking for alternative sites or redesigning the scheme. The next step is then mitigation of any impacts that can’t be avoided, and as a last resort compensation should be used to offset any unavoidable remaining impacts.
This ‘avoid, mitigate, compensate’ approach is known as the mitigation hierarchy.
If a planning authority decides to grant planning permission that results in unavoidable loss or deterioration of habitat (where exceptional reasons are demonstrated), they should apply the mitigation hierarchy to avoid significant harm to biodiversity.