Paragraph 39 Tree balance statementI1
England and Wales
The undertaker must submit a tree balance statement to CBC for approval—
within 3 months of the date of commencement of dual runway operations;
within 3 months of the third anniversary of commencement of dual runway operations; and
within 3 months of the sixth anniversary of commencement of dual runway operations.
The tree balance statements referred to in sub-paragraph (1) should follow the methodology set out in Policy DD4 of the Crawley Borough Council Local Plan 2023-2040 and the Green Infrastructure SPD 2016, and must include the following totals up to and including the date of commencement of dual runway operations and the third and sixth anniversaries respectively—
the total number of trees that have been removed as part of the authorised development;
the total number of replacement trees that are required on the basis of the CBC tree replacement requirement; and
the total number of trees that have been provided as part of the authorised development.
In the event that the tree balance statement submitted on the sixth anniversary of the commencement of dual runway operations pursuant to sub-paragraph (1)(c) identifies that the total number of trees that has been provided as part of the authorised development is less than that required by the application of the CBC tree replacement requirement, the undertaker must pay the tree mitigation contribution to CBC within 60 days of the approval of the tree balance statement by CBC under sub-paragraph (1).
In this requirement—
“CBC tree replacement requirement” means the number of replacement trees required on the basis of the number as per paragraph (2)(a), calculated in accordance with the table in Policy DD4 (Tree Replacement Standards) of the Crawley Borough Local Plan 2023-2040 (adopted on 16 October 2024);
“tree mitigation contribution” means the sum sought pursuant to Policy DD4 (Tree Replacement Standards) of the Crawley Borough Local Plan 2023-2040 and calculated in accordance with the tree mitigation formula to be paid to CBC and used towards the provision of tree planting and maintenance in the borough of Crawley or within the area of any of the host authorities which is a district council; and
“tree mitigation contribution formula” means the formula as set out in paragraphs 3.13 to 3.14 and Table 1 of the CBC Green Infrastructure Supplementary Planning Document (adopted on 5 October 2016).
Annotations
Commencement
- I1
Sch. 2 para. 39 in force at 12.10.2025, see art. 1