Question reference: S3W-26125
- Asked by: Aileen Campbell, MSP for South of Scotland, Scottish National Party
- Date lodged: 24 July 2009
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Current status: Answered by Stewart Stevenson on 13 August 2009
Question
To ask the Scottish Executive whether the development or protection of orchards is covered by planning guidance or legislation.
Answer
Although orchards are not specifically highlighted, National Planning Policy Guideline 14 states that planning authorities should seek to protect trees, groups of trees and areas of woodland where they have natural heritage value or contribute to the character or amenity of a particular area. Planning authorities may therefore identify orchards in their development plans as areas to be protected from development.
Section 159 of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc. (Scotland) Act 2006) requires both Scottish ministers and planning authorities to ensure that wherever possible provision is made for the preservation or planting of trees when granting planning permission. If the orchard is in a conservation area or protected by a Tree Preservation Order, then the 1997 Act provides further legal protection. A commercial orchard may be classed as an agricultural use and the establishment or alteration of such may not require planning permission, under the terms of Section 26 of the Town and Country (Scotland) Act 1997. The decision on whether planning permission would be required rests with the relevant planning authority.