Local Development Frameworks (LDF) are the documents in which Local Planning Authorities set out the policies by which they will determine planning applications in their area. Such documents will normally contain policy statements to the effect that only in exceptional circumstances should development have an adverse effect on sites – international, national or local, UK or Local BAP Priority Habitats - designated for the conservation of biodiversity.
These are a national designation and there is a strong statutory presumption against any proposal or activity likely to damage a designated SSSI. However, very few Traditional Orchards fall within SSSIs and Natural England is reportedly reluctant to designate additional SSSIs so it is unlikely that there will be any extension of existing protection of traditional orchards by this route.
A Traditional orchard could be designated as a Local Nature Reserve providing that a public body that could maintain and improve it and make provision for its use as a study and educational resource could acquire the land. If an orchard was a part of a much larger development site it might be possible to retain it as a Community Orchard.
Almost by definition, Traditional Orchards have strong potential for designation as County Wildlife Sites depending on the adopted criteria of the relevant county group. Some ‘Local Sites’ ratification committees only designate with the landowner’s consent, which is an admirably inclusive gesture but perhaps a little naïve in the cut and thrust of consent planning.
Settlement boundaries shown in LDF documents, describe areas in which there is a presumption in favour of development. Ideally, Traditional Orchards should not be included within designated settlement boundaries as inclusion within such a boundary satisfies the first, and perhaps greatest, test of suitability for development. If your district’s Local Development Framework process is still consulting on specific sites you should make representations to that effect.