ORCHARD ADVICE NOTE NO.21:
Saving and Protecting Traditional Orchards (last update October 2007)

Traditional orchards - going... going...

Many traditional orchards, especially those which are no longer actively cultivated, face the threat of being grubbed up to make way for housing developments, horse grazing or intensive arable agriculture. Traditional apple, pear, plum, cherry and nut orchards have changed from being part of most farms to rarities in most counties. Yet these orchards are often the richest kinds for a huge diversity of wild life, and vary enormously across the country, creating distinctive landscapes. In Worcestershire, in addition to the widely spaced, tall cider apple and perry pear trees undergrazed by sheep, there are old cherry orchards in the Teme valley, as well as lines of hedgerow damsons and damascenes, (not forgetting the commercial plum orchards in the Vale of Evesham) whereas in the East of England fruit trees are often half-standard and more densely planted.

Traditional orchards are cultural landmarks. They are the source of genetic variety, local recipes and customs. They are home to the hundreds of varieties of apples and other orchard fruit we can grow. They are beautiful to be in and are havens for wild life.

So many old orchards have been lost simply because they have not been valued by the authorities that control development. Local councils are having to find land for housing quotas assigned to them by the Government. Economically dormant orchards within and on the edges of villages and towns may present lucrative opportunities for development for landholders who have found it difficult to continue to make a living in horticulture. Small orchards which may be beautiful features in the centre of villages commonly succumb to infill policies.

Garden fruit trees too are under threat. Added together, they can form linear orchards across property boundaries, but treated as individual trees they are all too often undervalued and felled through ignorance or to make way for development. Old fruit trees are not appreciated for their beauty or as habitats for wild life – the older they get, the more accommodating they become, especially to saproxylic invertebrates such as the noble chafer beetle, dependent on decaying wood, epiphytic lichens and bryophytes. Incredibly, gardens in towns and cities are designated as ‘brown-field land’ where development is encouraged. The Government estimates one in three new homes are built on former gardens. (The Observer 16/9/07).

The value of old orchards was highlighted in August 2007 by their designation by Defra as priority habitats in UK Biodiversity Action Plans. They were added to the list because of their scarcity, the orchard area in England having declined by 57% since 1950, and because of their importance for many kinds of wild life.

We must fight for our old (and new orchards). We need them for their intrinsic beauty, their place in the landscape, their cultural associations, as habitats and food for wild life, and because they provide food for us as well. Rising oil prices, concerns about climate change will bring us back to sourcing as much food as we can locally. We need smallholdings and orchards to surround our cities, towns and villages once more to provide us with fresh fruit and vegetables.

Unless an orchard has been designated as an SSSI (or LNR) or it falls within a National Nature Reserve or Conservation Area, it has no legal protection. We have to make use of the meager planning laws we have, and above all persuade others that it is in all of our interests to protect orchards, and particularly old orchards, wherever we can.

What you can do if a local orchard is threatened

If you hear that a traditional orchard near you is in danger of being grubbed up, talk to the owner. Let him/her know of its importance to the landscape, to you and the local community, that there may be grants for maintenance, and that there are many ways of adding value to the fruit and the orchard itself. Form a local group to ensure its continuation as an orchard, either in its present ownership or as a community asset. Your group could offer help in picking the fruit and maintaining the orchard in return for local access.

If you are faced with a fight, be sure you get involved as early as possible. Planning applications are publicised on the land itself, at council offices, libraries and in the local press. Galvanise local support. Talk to the planners and tree officer at your district/borough council. Find out if the orchard is protected in any way. Check council policies on orchards, especially Local Plans. If orchards are not included, challenge the wisdom of this and propose amendments to future reviews. TPOs can be put on a threatened tree or groups of trees overnight if necessary.

Start a petition, and make a map of local orchards, perhaps using historical maps as a starting point, which can be displayed locally. Write to local press and councillors outlining the benefits of saving the orchard over its loss.

Many old orchards are attractive to wild life - some species may be locally rare. Contact Natural England (or their equivalents) or your county Wildlife Trust for advice on getting the orchard surveyed. Contact the county branch of the Council for the Protection of Rural England who can help guide you through the planning procedure. Some animals that make orchards their home are protected under the Wildlife and Countryside Act, including bats and dormice. Nesting birds are also protected. Once the authorities are alerted to their presence, development may at least be delayed until a solution is found.

Ask your district/borough council tree officer to apply a Tree Preservation Order on the trees. A 28-day period for making comments will follow, during which time submissions should be made to the council as to why the orchard is valuable to the locality and its people.

If an orchard really is to be lost

Make sure you know the varieties of fruit that are in the orchard. If there are unidentified trees, ask the owner if you can have them identified and ask permission to take graftwood from any interesting, uncommon, local varieties, and start a nursery for the varieties you have saved. These saplings could be nurtured in local gardens or allotments until a place for a Community Orchard is found.

Mature fruit trees attract high prices – landscape designers are always on the look out for trees that will provide instant age. (But do not let this become an excuse for people to sell old orchards). If the landscape architects don’t want them, many craftsmen would like to use the wood. Consider commissioning something to be made from some of the fruitwood to remember the orchard by, a turned wassail bowl, a sculpture or seat.
If the landowner just wants to fell the trees, ask for some of the wood to create log piles for invertebrates such as the stag beetle in another orchard.
Take photos and create an archive of information for the local museum or County Records Office so that future generations will know an orchard was there.


Designations/protection for landscape and nature conservation

The following is a list of the statutory and non-statutory nature conservation designations within which orchards may find some form of protection:

Statutory
National Nature Reserves: NNRs, designated by Natural England, are places of national and sometimes international importance, where wild life conservation is the priority. They are established to protect the most important areas of wildlife habitat and geological features in Britain, and as places for scientific research. They are the best examples of particular habitats in the country and often contain rare species. Most have some form of public access. As far as we know, no orchards lie within an NNR.

Sites of Special Scientific Interest: SSSIs are statutory designation made by Natural England and its counterparts in Scotland and Wales protecting the country’s best wild life and geological sites. In 1999 there were 15 SSSIs that included orchards, and most survive incidentally within SSSIs established for other reasons. Natural England admit that old orchards are ‘poorly represented in the SSSI site series,” “probably amounting to less than 200ha” (NE Report on the Species and Habitats Review 2007). SSSI designation for an old orchard is the best protection you can hope for at present.

Areas of Outstanding Natural Beauty: AONBs are nationally designated areas that have special planning restrictions relating to them, but they do not offer specific protection to orchards. However, orchards within these areas may be more valued and applications for felling and development may be considered less favourably by the AONB Officers and the Local Planning Authority. AONB Officers are obliged to prepare Management Plans of their areas, and this can benefit old orchards. In the Tamar Valley AONB the local councils have not included orchards in their Local Plans, even though they remain significant landscape features and wild life habitats in this part of the Cornwall-Devon border. The Tamar Valley AONB Management Plan, however, does highlight the importance of local orchards and has since been adopted as Supplementary Planning Guidance by the local authorities. Arnside & Silverdale AONB Officers in Lancashire realised the value of their traditional orchards and commissioned research on them, resulting in a useful and inspiring booklet ‘Bridgets, Keswicks and Reinettes – orchards of the Arnside & Silverdale AONB’, published in 2007.

National Parks: as with AONBs are nationally designated areas that have special planning restrictions relating to them. Orchards within these areas may be more highly valued and applications for felling and development may be considered less favourably by the National Park Authority and the Local Planning Authorities. Exmoor and the Lake District National Parks are among those that refer to traditional orchards specifically in their Landscape Assessments. The New Forest includes traditional orchards in its Local Biodiversity Action Plan.

Tree Preservation Orders are issued by the local authority Tree Officer, or equivalent, and protect a tree, or groups of trees, of amenity value and visible from roads and footpaths, from felling and damage. Try to negotiate with the party hoping to remove a tree or orchard. As a last resort, new housing developments can be enhanced by the inclusion of mature fruit trees, which might otherwise be grubbed up in preference to low-maintenance ornamentals.

A few councils still think that fruit trees cannot be protected by Tree Preservation Orders (TPOs), but they are mistaken. After much discussion with the Department of the Environment (now DEFRA) by Common Ground and others, TPOs can now more clearly protect fruit trees, where it is in the interests of amenity to do so, according to the Town & Country Planning Regulations Act 1999. They cannot control tree work in ongoing commercial orchards, but they may be used to protect trees in relict orchards that are no longer cultivated for fruit production.

Tree Preservation Orders: A Guide to the Law and Good Practice (2000) is available to download free from the website of the Department of Communities and Local Government at www.communities.gov.uk or a paper copy can be ordered for £8.00 from Communities and Local Government Publications, PO Box 236, Wetherby LS23 7NB. Tel: 0870 1226 236, Email: communities[at]twoten.com. The following sections are from that document:

“6.17 A fruit tree may be protected by a TPO provided, of course, the LPA [Local Planning Authority/District Council] believe it to be in the interest of amenity to do so.
6.18 If a fruit tree is protected by a TPO and cultivated in the course of a business, the LPA's consent is not required for cutting it down or carrying out work on it, as long as the tree work is in the interests of that business.
6.19 If a fruit tree protected by a TPO is not cultivated on a commercial basis, it is necessary to obtain the LPA's consent before cutting it down. However, the LPA's consent is not needed before pruning any tree cultivated for the production of fruit, as long as the work is carried out in accordance with good horticultural practice”.

Conservation Areas: All trees (including fruit trees) within Conservation Areas which have a trunk diameter of at least 7.5cm are automatically protected even without a TPO. Permission must be sought from the Local Authority before felling, and before pruning if the tree is not cultivated for the commercial production of fruit.

Non Statutory
Biodiversity Action Plans: After the Rio Earth Summit in 1992, all nation signatories to Agenda 21, 1including Britain, agreed to work to stop the loss of any more species, to live sustainably without jeopardising the needs of future generations, and to enhance the quality of life of their citizens through environmental, economic and health improvements. In the UK, at county level, some first steps towards achieving these aims have been drawn up in Local Biodiversity Action Plans. Orchards feature in the plans for Cambridgeshire, Essex, Gloucestershire, Herefordshire Kent, Norfolk, North Somerset, Warwickshire, Worcestershire and Powys. Although BAPs offer no statutory
protection, they add to arguments for the protection of orchards and against planning applications locally, and can lead to inclusion of orchards in Local Plans. The recent inclusion of old orchards to the UK BAP habitat priority list should help orchard owners to receive funds from Defra’s environmental stewardship fund and to raise their profile in planning departments.

Local Nature Reserves: are a statutory designation made under the National Parks and Access to the Countryside Act 1949. They can be designated by a local authority that owns the land, in collaboration with Natural England. Established for people and wild life, the wild life interest must be taken into account in any decisions over the land. There are a small but growing number of orchard LNRs including No Man's Orchard in Chartham Hatch, Kent and Green Farm Orchard in Quedgeley, Gloucestershire, which are old orchards, and Frieze Hill Community Orchard, Somerset and Lingfield Community Orchard, Surrey (check) which are relatively young. There is much scope for making the most of this designation, and Natural England offers grants and advice to help with their management.

Local plans: Few local authorities make any special recognition of orchards within their planning guidance - they cite difficulties in categorisation, but exceptions include Teignbridge in Devon, Exmoor National Park Authority, Herefordshire County Council and Taunton Deane in Somerset. Local Plans outline the type of planning control individual councils will impose. Areas can be outlined for preservation as green space, or for future development. These documents and their related maps can be viewed at local libraries or by making an appointment at the council's planning department. Make sure orchards are included when the plans are reviewed/updated.

Landscape strategies: These are non-statutory statements that outline council policies on the local landscape. Orchards have been included in a number of these and have led in some cases to restoration programmes with grants available - as in Somerset, Gloucestershire and Worcestershire.

County Wildlife Sites: are designated by County Councils in recognition of the value of an area to wild life. Many Local Authorities have incorporated CWSs into their Local Plans which provides some assurance against development.

Funding

Environmental Stewardship grants for traditional orchards from Defra are hugely oversubscribed, though 3,000ha in England, Wales and Northern Ireland are currently supported. Contact www.defra.gov.uk/erdp/schemes/es/default.htm for information.
Some County and District Councils fund the management and creation of traditional orchards, and/or will help with the establishment of Community Orchards.

CASE HISTORIES

Here are some examples of how orchards have been protected for and by local people, often after huge efforts against the odds:

1. Cross O'Ciff Orchard, Lincoln. In 1991 Lincolnshire County Council proposed planning permission for itself on an area of green space it owned which includes Cross O'Cliff, an orchard containing 60 old pear trees. Local residents were drawn into the fray barely a month before the planning inquiry started, when they began to realise the orchard's significance. They sought expert advice from Arthur, a local engineer, who from the girth and condition of the trees dated their planting at around 1850. He felt they were all capable of regeneration despite years of neglect. Claire Peasnall, who has been a driving force behind the initiative to save Cross O'Cliff orchard from the start, continues:

“Common Ground urged us to assemble a picture of Lincolnshire's remaining orchards. We contacted the Countryside Commission (now part of Natural England) which was about to include traditional orchards in the newly-launched Stewardship Scheme for Historic Landscapes.

Although we knew that only scattered trees survived in the city, county figures from the Ministry of Agriculture, Fisheries and Food were a shock: in the post-war period Lincolnshire's orchards had been felled almost to extinction. From Arthur we'd learned that pears at this latitude have reached their northernmost limit; we began to see the extraordinary nature of the orchard.

While there was insufficient time before the inquiry for the Commission to make a visit, from our detailed description they were able to indicate to the inspector that the orchard appeared to be the perfect target for Countryside Stewardship. Our own submission, backed by the Ramblers' Association, the Civic Trust, the Lincoln Society, nature and conservation groups and the local schools' inspectorate, argued for the orchard's educational and leisure potential. A survey we had made in 1986/7 illustrated the range of wild life it supports, including many protected species. Our case was, that in the light of current initiatives to preserve England's traditional orchards, it would be irresponsible of the Lincolnshire County Council to sell the Cross O'Cliff orchard for development”.

After the inquiry, while Claire and her colleagues waited for a decision, the Countryside Commission backed their plans and confirmed their eligibility for a 10-year restoration and maintenance grant. During the summer of 1992, local residents gathered more information about the orchard, including the arrival of the cuckoo and the turtle-dove 'and refuting', says Claire 'for our own satisfaction the preposterous assertion by the County Council at the public inquiry, that there were 12 orchards still standing within a 7-kilometre radius of Lincoln.' Residents also explored the possibility of alternative ownership via the Woodland Trust and from maps in the British Library established the orchard's age at a minimum of 122 years. The orchard was also prominently featured on Woman's Hour on BBC Radio 4, for the considerable role women played throughout.

In the autumn 19 varieties of pear, plum and apple including three Lincolnshire apples were identified by Nottinghamshire fruit grower, John Hempsall. One, the Custard apple, boasts a pedigree which dates back to the 13th century. Finally news came that planning permission was to be granted. Preparations began to salvage fruit varieties from the orchard to be replanted at John's fruit museum.

Six months later a new County Council was elected and residents were encouraged to make a fresh approach by Common Ground. Reinforced by the Countryside Commission, coupled with a press campaign which yielded articles in three national newspapers, the orchard was saved. At a meeting with the council it was a terrific reward, after almost four years, to hear every claim and proposal the campaigners had made for the orchard upheld.

2. Wilsons' Orchard, Northampton, dates from around 1910 and has 190 standard apple trees. It has been protected for neighbourhood use as part of a new estate in Abington in the 1990s. The orchard was part of Billings Mill Farm until 200 new houses were built by Persimmon. Local residents, and a local environmental group, South Court Environmental, objected to the potential loss of the orchard to more homes, and began discussions with Persimmon and Northampton Borough Council. Persimmon were persuaded to retain the orchard and initially considered offering it in lots to the new residents, but the rest of the community felt this would not safeguard the orchard as a whole and might restrict public access. They then conveyed it to South Court Environmental without cost. Neighbours, the Anglian Water Board gave permission for a path across their land to enable level disabled access. Northampton Borough Council’s Planning Department recognised the orchard’s importance and outlined it as a Green Space in the Local Plan and collaborations with South Court Environmental have led to its establishment as a Community Orchard. Peter Nalder of SCE says that the community support garnered at the time, and since has been vital. Local residents can influence councillors, who in turn have influence over developers. A community group called the Apple Cause has been set up and continues to restore and manage the orchard. The group includes residents who know the orchard of old, who are relied upon for their knowledge and insight. The group has since expanded their remit to research orchards and varieties in the county and offer solidarity to others fighting to save orchards. Contact Susan Walmsley of SCE on 01933 275257, sce[at]talktalk.net or see www.scenorthampton.org.uk

3. The Lenches Heritage Orchard, near Evesham, Worcestershire. An extensive old plum orchard in Atch Lench, Worcestershire was on the market in 1999 and due to be bought by a local farmer and felled as part of conversion to arable farmland. It was the last surviving sizeable plum orchard in the area. Local people remembered a time when plum orchards extended as far as the eye could see. A group of residents raised the money to buy the orchard (£37,000) with three people having a quarter share each, and the remaining share bought by 19 people. The new owners are now the trustees and between them maintain the orchard as The Lenches Heritage Orchard. Their aim is to preserve the orchard and the plum varieties growing there as well as demonstrate how a working orchard can also benefit wildlife. It is a heartening success story but the outcome relied on individuals being able and willing to put up the necessary funds with no expectation of financial return. Further details from jan[at]atchlench.wanadoo.co.uk or 01386 870847.

Safeguarding your own orchard in perpetuity

The only reasonably secure way to preserve land after you have ceased to own it is to hand it over to a trust. Some national conservation trusts may be able to safeguard the land, such as the Woodland Trust who have planted and preserved orchards in their community woodlands. There may be local trusts who would welcome donated land, and county Wildlife Trusts may be able to add it to their network of nature reserves. If the orchard is considered a rich habitat, a trust may even be in a position to buy the land or share the cost. Parish Councils may accept land on behalf of the parish but unfortunately such public land is sometimes developed by the council or sold to developers at a future date. You must be happy that the objectives of a beneficiary match your own.

Donating land to a trust can be done at any time, including after your death if stated in your will. If you choose the latter, you must make sure that the chosen organisation is able and willing to accept the land. Giving land to an existing trust will save time and money but if you cannot find a suitable trust in existence, you might consider setting up a new trust or identifying potential trustees who can set up the trust under your will, using assets from your estate to pay for the administration etc. This will need to be arranged with a solicitor who you should instruct to: 1) make the trust as unbreakable as possible. 2) if land is to be left in your will, agree everything in advance with potential trustees. 3) consider declaring the land a public green if you are happy with recreational public use.

Broad Oak Community Orchard near Sturminster Newton, Dorset, was gifted to the Dorset Wildlife Trust in 1993. It is a small mixed orchard on the edge of a village, and is managed by the Trust and local volunteers for wildlife and community enjoyment, with a popular Apple Day event held each year. Contact: the Dorset Wildlife Trust, Brooklands Farm, Forston, Dorchester, DT2 7AA (01305 264620).

Contacts

Common Ground, Gold Hill House, 21 High St, Shaftesbury, Dorset SP7 8JE (01747 850820) info[at]commonground.org.uk www.commonground.org.uk
DEFRA, Nobel House 17 Smith Square London SW1P 3JR (08459 33 55 77) helpline[at]defra.gsi.gov.uk. www.defra.gov.uk
Natural England, Northminster House, Peterborough PE1 1UA (0845 600 3078) www.naturalengland.gov.uk
Countryside Council for Wales, Maes-y-Ffynnon, Penrhosgarnedd, Bangor, Gwynedd LL57 2DW (0845 130 6299) www.ccw.gov.uk
Environment and Heritage Service of Northern Ireland, Commonwealth House, 35 Castle Street, Belfast BT1 1GU (028 9054 6556) www.ehsni.gov.uk
Council for the Protection of Rural England, 128 Southwark St, London SE1 0SW. 020 7981 2800). info[at]cpre.org.uk www.cpre.org.uk
The Wildlife Trusts, The Kiln, Waterside, Mather Road, Newark, Notts. NG24 1WT. (0870 036 7711) www.wildlifetrusts.org
Scottish Natural Heritage, 12 Hope Terrace, Edinburgh EH9 2AS. (0131 447 4784) www.snh.gov.uk

Campaign Material

From Common Ground:
The Apple Source Book, Common Ground with Philippa Davenport, Hodder and Stoughton, 2007. ISBN 978-0-340-95189-7 £16.99 from good bookshops etc.
The Common Ground Book of Orchards: conservation, culture and community (Common Ground, 2000). ISBN 1 870 364 21X. £25.00 incl p&p.
Orchards and Wild Life: Conference Papers (Common Ground, 2000) ISBN 1 870 364 20 1. £5 + 50p.
Save Our Orchards and Community Orchards (Common Ground, updated 1999). Free with a 40p sae.
Field Days - No.2: Owning and Leasing Fields for Community Use (Common Ground, 1996). Free with a 40p sae.
Orchard Advice Note 10. Community Orchards as Local Nature Reserves (Common Ground, 2007) 50p incl.p&p
In A Nutshell: a manifesto for trees and a guide to growing and protecting them (Common Ground, 1989). £6.95 + £2 p&p
Holding Your Ground: an action guide to local conservation by Angela King & Sue Clifford (Wildwood House, 1985) - out of print but available from libraries.
ORDER ONLINE or send a cheque payable to 'Common Ground' at Gold Hill House, 21 High Street, Shaftesbury, Dorset SP7 8JE.

Elsewhere:
Campaigners' Guide to Trees and Woods (1996), £3.00, and Campaigning for Countryside Character (2003), £5 or download free from www.cpre.org.uk. CPRE, 128 Southwark Street, London, SE1 0SW. (020 7981 2800) info[at]cpre.org.uk
Tree Preservation Orders: A Guide to the Law and Good Practice (2000) is available to download free from the website of the Department of Communities and Local Government at www.communities.gov.uk or ordered for £8.00 from Communities and Local Government Publications, PO Box 236, Wetherby LS23 7NB. (0870 1226 236). communities[at]twoten.com
Protected Trees: A Guide to Tree Preservation Procedures (2004) can be downloaded or ordered free from Department of Communities and Local Government at www.communities.gov.uk or a paper copy can be ordered for £8.00 from Communities and Local Government Publications, PO Box 236, Wetherby LS23 7NB. (0870 1226 236) communities[at]twoten.com
The Campaigners Guide to fighting to save trees and woods under threat, on the Woodland Trust's dedicated website www.woodsunderthreat.info or contact Woodland Trust, Autumn Park, Dysart Rd, Grantham Lincs, NG31 6LL. (01476 581135).
How to Stop and Influence Planning Permission, Roy Speer & Michael Dade, Stone Pound Books, 2001

Thanks to David Pedley for advice on protecting land after you have ceased to own it.

This is one of a series of Orchards Advice Notes issued by Common Ground which can be ordered from us. These comprise A4 information sheets on the following subjects:

Look at our PUBLICATION LIST for how to order these and many of the books listed above.