Agenda item

The purpose of this report is to summarise the content and implications of the draft Tree Strategy for the District, and recommend that the draft Strategy is released for a period public consultation (Appendix A – draft tree strategy).

The Principal Tree and Landscape Officer advised that the purpose of the report was to summarise the content and implications of the draft Tree Strategy for the District, and recommend that the draft Strategy is released for a period of public consultation (Appendix A – draft Tree Strategy).  The draft strategy identified a number of actions the Council would wish to achieve over the next 5 years.

The process was started at the beginning of the year asking for ideas and views which should be included in the strategy.  There had then been a period of producing the draft strategy which was now being brought to Committee for agreement for public consultation during August and September.  The final strategy would come back to the Committee and the Leisure Committee in November 2021 for agreement with the new strategy in place at the beginning of next year.

Details on what the strategy would cover had been provided in the report.  Some actions could lead to the need for additional funding.

A Member had asked in advance of the meeting when a tree was fallen or felled was it left in situ?  Also do we ensure it was?

1) safe even throughout the decomposition process

2) that they allow other vegetation to grow around the area and not stifle new growth.

3) are left in a way that is tidy and suitable for the public.

The Principal Tree and Landscape Officer advised:

If any tree that was felled and left on-site, it was left in a safe condition and we instruct contractors to do this.  Similarly, if a fallen tree was to be left in-situ, we ensure it was safe and cannot fall any further or present a danger in the future. 

The gap left by a fallen or felled tree will allow light into the area and will help stimulate new growth.  In addition, many tree species will regrow from a cut stump, or broken limb, so in many cases this will be allowed to happen.

We make an assessment on a case by case basis as to whether it is safe and/or appropriate to leave felled or fallen trees in situ.  In urban situations and formal areas all brash and cordwood will normally be removed off site.  In woodlands and semi-formal areas the main stem will normally be left, and in some case the brash will also be left, either stacked or chipped, depending on the situation.

The Member sought clarification on who the Council would send to inspect an area to make sure the contractors had completed what they had said they would do.  The Principal Tree and Landscape Officer advised that the team do not currently inspect all the work the contractors carry out but do provide very clear instructions.  For larger scale works checks were made to ensure the work was carried out to the standard we would expect. The Council was selective about the contractors used and have a number of contractors locally who have been used for a number of years.  We are confident that they will do the work to a high standard.

A Member asked if checks could be done for 1 in 10 works carried out to trees.  The Principal Tree and Landscape Officer advised that we could look at having something in place but currently the inspections are carried out on the complexity of the work and the location.

A Member said most of the trees in the District are in public places where Grounds Maintenance Team would be able to monitor them.  The Director of Community and Environmental Services said it was no different to other aspects of the Council work where we rely on people to report things to us and we can investigate the problem and look to correct it.

A Member raised the following points on the draft strategy:

On the Appendix Point 22 it talked about best practise and having to inspect the trees based on the level of risk, was there a minimum or maximum to the checks.

Response: The Council currently have a three year inspection cycle and are currently inspecting all the tree stock.  As set out in the draft strategy we are looking to change to an 18 month cycle in some areas where there is highest risk and a longer cycle in areas where there is lower risk.

On point 28 it talks about the register/database of trees – was this a public register that was available to Councillors.

Response: The register was currently only for officers however we are looking to have an add on to the current system so that the public may be able to access tree information, search for protected trees in Conservation Areas and find details on who has responsibility for a tree.

On point 31 it talks about a formal and informal system can more detail be provided? 

Response: We have a system of formal inspection on a three yearly cycle.  We are going to bring in an informal system as well where the Tree Officers will inspect areas of high usage in our open spaces once a year around footpaths, where people congregate and areas of greater risk.  Officers were also looking to formalise how we deal with out of hour’s tree issues.

At Point 62 it talks about damage, subsidence and nuisance.  In many areas there had been extreme wet and extreme dry and a number of oak trees had caused subsidence and wondered if we need to look at a watering schedule in very hot weather.  Also on routine inspections do Officers consider trees that they think are worthy of a TPO or in danger of being felled?  Could we encourage people to replace a tree they fell although know this cannot be mandatory.

Response: With regard to TPOs it was not something officers do when they inspect trees, the inspections are often carried out as a result of a planning application where the tree maybe under threat and it may result in the tree being given a TPO.  If a member of the public said they thought a tree was under threat and it met the criteria for a TPO then Officers could serve one.  The drawback of planting larger trees was they do require a lot of maintenance and many years of watering to get them established which was not required with smaller trees. The Grounds Maintenance team have invested in a water system to enable the watering of trees during dry periods.  The draft strategy proposes that a member of the Grounds Maintenance team would specialise in establishment work for recently planted trees.  When claims are received by the Council with regard to subsidence they are assessed on the value of the tree, its prominence, quality and whether it should be felled or pruning work was required.  Where a TPO tree is felled then a condition can require that the tree be replaced.  We can make TPO details more widely available on the website.  If it is a Conservation Area notification we are unable to condition it but could add a line in the letter encouraging them to replace it.

A Member said it would be good to put communication out about local tree diseases via the e-newsletter so that members of the public can be aware when they are out in the District.

A Member said hedgerows were mentioned in the draft strategy and asked how strict can we be about ensuring that hedgerows are protected and what measures can we take to ensure they are not undermined and do not disappear along our highways/rural roads.  In relation to planning conditions, if a developer comes along with their drawings what happens if they do not adhere to them. 

Response: In terms of highways, Highways have the powers to undertake works without needing to put in a tree works application for protected trees for highways safety where they have to fell or prune a tree.  Hedgerows was slightly different in that the regulations were designed to prevent the removal of hedgerows by their roots.  There are forms of hedgerow management which may take away top growth but that was designed to enable the hedgerow to regrow.  An offense maybe committed if the hedgerow roots were taken out but the important caveat was that this does not apply when it is a residential curtilage it only applied to hedgerows in the wider countryside. 

A Member said if a developer wished to remove an hedgerow to gain access to a development and are required to give notice to develop a site which they may or may not have planning permission for are they required to give notice to the Council. 

Response: A hedgerow would need to meet a certain threshold in terms of diversity of species and its length which needs to be 30 metres for it to constitute a hedgerow which could be protected.  If they did not submit details in advance they could be committing an offense

The Chair reminded the Committee this was a draft strategy prior to public consultation and did not need to consider every detail at this time. 

The Director of Community and Environmental Services advised that in terms of planning conditions sometimes you get planting in the scheme as part of the planning proposal and other times there was a condition requiring a planting scheme to be submitted.  In either case these are conditions which are enforceable and if something does die usually within 5 years it must be replaced and that was included in national legislation.  If Members and members of the public advise us that something had not been implemented in line with the approved plans within the 5 year period then we can usually enforce this.

A Member raised concern about the consultation period in August and September and asked if there was any way to delay it to middle/late September.  The Chair advised that if you delay starting the consultation then you delay the whole strategy being in place. 

The Principal Tree and Landscape Officer advised that the consultation period was set but they could see if it could be extended to the end of September.  Officers would make clear it included hedgerows and hedges in all communications.

On being put to the Committee the recommendations as set out in the report were declared CARRIED by the Chair of the Committee the voting being by general assent.

RESOLVED:

Approved the draft Tree Strategy for a period of public consultation subject to any comments from the Leisure Environment & Community Committee.

A final version to be presented to the Policy & Resources Committee on 24 November 2021, and the Leisure, Environment & Community Committee on 6 December 2021.

POST MEETING NOTE: the date of P&R Committee should be 1 November 2021