Tree Planting and Protection
Tree Planting - Policy CC8
For new development sites, a minimum of two new trees will be required to be planted for each new dwelling (this does not apply to applications for conversions and changes of use to residential), and a minimum of one new tree will be required to be planted for every 500sq.m of new commercial floorspace created.
Trees should be native Kent species, of local provenance from a bio-secure source, and should be standard size in specification as a minimum.
A detailed landscaping scheme and landscape management plan should be submitted for all major development schemes, including, but notlimited to, details ofthe trees and shrubs to be planted, and proposals for how the landscaping scheme will be managed and maintained over the lifetime of the development
Financial contributions required for new development
A presumption that the trees will be planted on-site rather than off-site will apply. For major development where it is demonstrated that new trees cannot be provided on-site, a financial contributionwill be required towards the planting oftrees off-site having regard to theCouncil's Green Infrastructure Strategy.
How much is the financial contribution?
£2,400 per tree
This is based upon the costs of planting a heavy standard tree and aftercare and management for a period of 10 years.
How and when must the contribution be paid?
The contribution can be secured through a S106 or Unilateral Undertaking, which will require the contribution to be paid on first occupation of the development.
Alternatively, if the planning application does not require a S106 or Unilateral Undertaking to secure other contributions, the contribution can be paid through an online payment. This would need to be done before the application can be determined.
Paying the contributions without a S106 or Unilateral Undertaking Agreement
Online payments for the Off-Site Tree Planting includes the contribution plus the Admin fee of £20.00
To complete this payment, you’ll need:
- Confirmation from your Case Officer to pay your contribution online
- The planning application reference number
- The property or site address of the planning application
- A description of the development
- To accept the terms of the Off-Site Tree Planting agreement
- A credit or debit card and the cardholders details.
Make Online Payment Now
Contributions secured through a S106 or Unilateral Undertaking Agreement
To secure the contribution, the Council will require the submission of a unilateral undertaking under Section 106 of the Planning Act. This will bind the land within relevant grants of planning permission to ensure that the proposed development does not have an unacceptable impact on the protected sites.
The Council has produced a draft Unilateral Undertaking (UU) for use for planning applications where the creation of one or more residential units is proposed and where the Off-Site Tree Planting contribution is the only contribution required (usually 1-9 units). For larger residential developments (usually 10 units or more), the contribution will still be sought although it will likely be one of several contributions required as part of a bilateral or multilateral S106 agreement. The draft agreement (for smaller scale residential proposals) is available below:
S106 and UU standing charges
| Fee | Cost | Reason |
|---|
| Legal Fees |
£265 per hour but subject to a minimum charge of £1100 for a new agreement and £680 for a variation |
Towards the Council's proper and reasonable legal and administrative costs for the preparation, execution and registration of the S106 Agreement |
| Monitoring Fees |
£250 flat rate for Unilateral Undertakings/S106 for SPA mitigation
£500 per trigger event on all other S106 agreements for financial obligations and non-financial obligations
|
Towards the Council's costs of monitoring the compliance of the Development with the terms of the S106 Agreement
|
The correct total figure of contribution in relation to your development must be entered into the unilateral undertaking. For outline applications the contribution will be determined at the reserved matters stage.
Because planning obligations run with the land, all persons with an interest in the land (including freeholders, leaseholders and mortgagees) must be identified and included as parties to the deed to ensure that the Council can have confidence that the provisions of the obligation will be effective.
We strongly advise that independent legal advice is taken before entering into a planning obligation.
Due to the government mandated determination deadlines for planning applications, a fully completed electronic copy of the draft unilateral undertaking is required within 28 days of the valid date of the application. If we do not receive a draft unilateral undertaking for the development by this date, then the Council will be minded to refuse the application as it will be unable to evidence compliance with regulation 63 of the Habitats Regulations 2017.
The responsibility to ensure this deed is correct rests with the applicant and their advisors.
Once the draft has been checked by the Council, it will confirm whether the draft is approved and then, if approved, will require the submission of an original signed version of the approved unilateral undertaking.
If the Council is minded to refuse the application, we will not seek a completed signed unilateral undertaking from you.
Please note that it is your responsibility to ensure that the Deed has been properly completed and executed. If it has not, the Deed will not be accepted and you will be required to re-execute the Deed and this will cause delay and may result in your application being refused.
The Council cannot accept payment for any obligations prior to the acceptance of the Unilateral Undertaking and the granting of the associated planning permission.
Land Registry Documents
The Council will require an up-to-date copy of the HM Land Registry official copy of register of title and the accompanying plan
Further guidance on how to obtain the title register and plan is available here:
https://www.gov.uk/get-information-about-property-and-land/search-the-register