Tree Management Protocol & Guidance

Introduction 1.1 - 1.3

1.1 Purpose

Rotherham Council’s Tree Service and Countryside Service are jointly responsible for the care and management of the Council’s tree stock across a range of landscapes including: Highways and pavements; Housing and social care owned land; Parks and green spaces; and Woodlands.

This guidance is intended to direct the management of Council-owned trees in urban settings including those in woodlands which impact on residential and industrial areas. The guidance will apply to a number of Rotherham Council departments including: Asset Management, Green Spaces, Highways, and Housing.

This guidance seeks to:

  • Promote the importance and value of trees across a range of urban settings
  • Set out guiding principles and technical arrangements for the care and maintenance of the Council’s existing tree stock
  • Guide the Council’s contribution to the proactive planting of new trees, woodlands and hedgerows, contributing to woodland creation for improved biodiversity and supporting measures to tackle the climate emergency
  • Provide a practical framework for elected members, officers and residents in considering the importance and impact of trees and woodlands when responding to common issues
  • Make clear the roles and responsibilities of all parties and establish values in accordance with the Council’s Climate Change Strategy and Green Spaces Strategy

This guidance does not seek to guide the management of woodland trees recognising that woodlands are natural settings which require the presence of dead wood for the benefit of healthy ecological systems. Trees in woodlands will continued to be managed according to good woodland (silvicultural) practice.

Whilst the Council works with many partners and tree owners this guidance relates only to the care and management of its own tree stock.

 

1.2 Strategic Context

This guidance contributes to other strategic plans which guide the work of the Council and its partners.

On 21st September 2020 the Council approved the Year Ahead plan which set out priorities up until May 2021 with a 12-month extension in development. This guidance contributes to the delivery of the following themes within this plan:

  • Thriving Neighbourhoods – supporting engagement with local residents ensuring that high quality urban environments remain cared for and protected
  • Better Health & Wellbeing – contributing to improved mental health and wellbeing and safer, more attractive environments for physical activity
  • Hope & Confidence – supporting residents to feel more connected to their community and local environment
  • Cross-cutting strand: Climate Impact – the arrangement for proactive tree planting outlined in this guidance will contribute to the Council’s Carbon Reduction plans

On 30th October 2019 the Council joined many across the world and declared a Climate Emergency. Following this declaration, a Climate Emergency Action Plan was agreed which included the following actions for the Council’s Tree Service:

  • Developing data on trees and carbon capture potential
  • Develop and deliver a Tree Planting Strategy

This guidance will underpin these areas of work.

On Monday 10th June 2019, Cabinet endorsed the new Cultural Strategy for the borough. With an overarching goal to ‘get more people, more active, creative and outdoors, more often’ the strategy outlines seven ‘game-changing’ themes including four spatial priorities:

  • Vital Neighbourhoods
  • A Vibrant Heart
  • Adventures in Rother Valley
  • A Great Place Wentworth & Dearne

The strategy sets out ambitious plans to increase participation in outdoor activities developing routes for walking, running and cycling, encouraging residents to become active volunteers. This guidance will support the delivery of the Cultural Strategy by guiding the delivery of engagement programmes and opportunities to revitalise our landscapes, waterways, heritage sites and woodlands as places for play, learning and active participation.

In March 2018 Rotherham Council adopted the Rotherham Joint Health & Wellbeing Strategy which is a statutory document setting the overall framework for health and care in Rotherham. This guidance will contribute to the following objectives of this framework:

  • Develop high quality and well-connected built and green environments
  • Increase the number of residents who feel safe in their community
  • Reduce crime and antisocial behaviour in the borough
  • Increase opportunities for people in Rotherham to use outdoor space for improving their health and wellbeing

 

1.3 Legal Responsibilities

Under the Occupiers Liability Act (1957 & 1984) all local authorities have a duty of care to ensure they have taken reasonable steps to minimise the health and safety risks resulting from trees under their care and management. 

Alongside this act there is a range of other legislation related to ensuring the appropriate care of tree stock which includes:

  • Health and Safety at Work Act 1974
  • Highways Act 1980
  • Wildlife and Countryside Act 1981
  • New Roads and Street Works Act 1991
  • Managing Health and Safety at Work Regulations 1999
  • Working at Height Regulations 2005
  • Natural Environment and Rural Communities Act 2006
  • Conservation of Habitats and Species Regulations 2010

To comply with the above regulations a regular programme of proactive tree surveys is required. This guidance aims to set appropriate guidelines and timescales for proactive tree surveying and management which meet the requirements of the above legislation and the statutory responsibilities of the Council.

The legislation does not require owners to maintain their tree stock to absolute safety, allowing for natural cycles to take their course, but does require the Council to have undertaken an appropriate and balanced risk assessment in each case.

The principles and guidance set out in this guide will comply with all outlined legislation and support the Council to deliver on its statutory responsibilities.

This protocol is underpinned by the following industry guidance:

  • `Common Sense Risk of the Management of Trees - Guidance on Trees and Public Safety in the UK for Owners, Managers and Advisors’ – (2011) as published by the National Tree Safety Group (NTSG).
    http://ntsgroup.org.uk/

‘Management of Risk from Falling Trees or Branches (SIM01/2007/05)’ (2007) as published by the Health and Safety Executive. 
http://www.hse.gov.uk/foi/internalops/sims/ag_food/010705.htm