Tree Management Protocol & Guidance

2.2.6 Pruning & Felling

It is the Council policy not to proactively remove healthy trees, outside of good arboricultural practice, due to the significant contributions that they make to local communities and the climate emergency, and the importance of their natural growth and biodiversity.

Outside of this general policy there are occasions when pruning and removal will be required which include:

• Where trees pose a health and safety threat to people or property
• Where there is an obstruction to key sight lines at junctions and access points. Standards for visibility vary depending on the speed limit and highway classification.
• In order to maintain clear sightlines for traffic signals, street signs and streetlights.
• In order to maintain a suitable height clearance over the carriageway (associated with a street, road or highway) and associated foot and cycle paths.
• The tree is affected by a disease (e.g., Ash Dieback).
• Instances where a Council tree is touching a building and poses a risk of damage to that property
• Where the works form part of a wide-ranging consultation process (e.g. planning decision, major infrastructure scheme)
• Where the works are in accordance with good arboricultural practice

In most cases the solution will be for the Council to prune the tree, unless other issues are identified that affect the health of the tree. If pruning is appropriate, the Council will monitor this as part of its proactive surveying and ongoing maintenance programme rather than create an annual schedule for this work.

The above policy is designed to offer clarity for residents, balancing the need to manage and care for trees with the needs of modern life. However, the Council is sensitive to cases where there may be additional factors and therefore there will be some exceptions to the guidance set out above. Examples could include:

• Where overhanging branches are covering 50% or more of a person’s garden.
• Where exceptionally large trees are blocking light to a primary room of a house-bound resident.
• Where there are particular access requirements related to disability needs

In these exceptional cases a tree survey and risk assessment will be undertaken by the Tree Service and recommendations made to the appropriate Head of Service.

• For Trees on housing land recommendations will be made to the Head of Housing
• For trees on highways land recommendations will be made to the Head of Highways
• For trees in parks, green spaces and woodlands recommendations will be made to the Head of Creative Programming & Engagement

The aim of this section of the guidance is to seek an appropriate balance between the urgent need to protect our natural environment and the need to ensure that environment is managed in a way that does not adversely affect the quality of life for local residents living in close proximity to trees. Each case is reviewed based on its individual merit and whilst in general trees will not be removed unless for the above reasons pruning works that are at the request of the resident will be considered.

Whilst trees do not over-grow in an environmental sense (they grow as tall as their roots and structures allow) they can be perceived to be overgrown in the context of their setting and begin to overshadow their surroundings. In instances like this a tree survey will be undertaken and provided there is no likelihood of harm to the tree some pruning may be suggested however the timeframe for this will vary as urgent works will take priority.

Where a decision has been made to undertake pruning or felling of Council owned trees this will be communicated to groups including local residents, Ward Members and Parish Councils by issuing site notices, updates via the Council’s website and direct communication to neighbouring properties. Although this is the Council’s standard policy there may be instances where the threat to public safety requires immediate action and, in these cases, it may not be possible to give advanced notice.

In addition to pruning and felling works undertaken by the Council, residents do have a Common Law right to remove nuisance associated with trees encroaching onto their property. The Common Law right with respect to encroaching trees allows for the cutting back of overhanging branches/roots, which can be reached from within your property, back to but not beyond your boundary line. Although the law allows for this limited pruning it states that you must not:

• Leave the tree in an unsafe condition
• Cut or remove any part of a tree that does not overhang your property
• Cause the death of the tree or leave the tree in an unsafe condition as a result of the works you have undertaken

For residents considering undertaking action under their Common Law right the Council advises that they:

• Consult with or appoint a professional tree surgeon for guidance on how best to prune back encroaching trees
• Inform the owner of the trees what they plan to do and allow them the option to undertake the works to rectify the issue themselves
• Determine if the trees are protected by a Tree Preservation Order or if they are in a Conservation Area. If trees are protected, then planning consent will be needed before works can be undertaken.
• Consider disposal of the branches. Legally they do not own those parts of the tree that encroach over their property and they should make an offer to return any materials, although these do not have to be accepted by the tree owner.

Overhanging branches removed from Council trees under the Common Law right do not need to be returned to the Council, but it is requested that the vegetation should be disposed of responsibly, such as:

• Adding to a compost heap
• Placing in the Council’s green waste bin service
• Taking it to your local household recycling centre

For guidance on how to check if the trees are protected and how to make an application please visit: https://www.rotherham.gov.uk/info/200023/conservation/794/apply_for_a_tree_preservation_order/2

2.2.7 Replacement & Replanting Ratio

The Council is committed to increasing its tree cover to contribute to the overall Climate Emergency Agenda. As such where it has been necessary to fell a tree a replacement planting programme will ensure that an appropriate provision is made for replacement.

For trees that have been felled under the guidance set out in section 2.2.2 Pruning & Felling an annual tree replacement programme will be operated by the Council’s Tree Service. The replacement planting programme will be calculated annually based on an assessment of the released carbon as a result of that year’s removals. On average we expect this to provide a ratio in the region of three replacement trees for each tree felled as a result of health and safety and good arboricultural practice.

An annual planting programme will be created to ensure that enough replacement trees will be planted to replace the lost carbon from felling within a 25-year period. Replacement planting will be based on:

• choosing species that are suitable for site specific conditions including available space, with more beneficial larger species preferred
• prioritising areas lacking in trees and/or deficient in open green space but the Council encourages new tree planting on all its sites capable of supporting trees and welcomes all requests or suggestions from Council departments and members of the public for new planting sites
• principles set out in ‘British Standard 8545 – From Nursery to Independence’ in the landscape.

This programme will ensure that the Borough’s tree population is re-stocked annually to allow the Council to create a diverse age and species range, which is recognised as being best practice for guarding against tree pathogens and creating a healthy tree population.  It will also allow the Council to meet its commitments to be carbon neutral by 2030 and to increase the benefits provided by trees.

For trees that have been removed following conflict resolution the costs for replacement will be met by the third party.

The Council will use the industry recognised ‘Capital Asset Value for Amenity Trees’ (CAVAT) system to assess the value of a tree at the point of removal which calculates its worth in terms amenity value. The table below sets out a replanting ratio and estimated cost depending on the value of the tree at the point of removal for conflict resolution scenarios.

*Trees with a CAVAT value above £50,000 will not be removed as a result of conflict resolution.

*The type and size of tree for the purposes of replanting will depend on the area and external factors such as likelihood of vandalism, natural environment and proximity to buildings, as such the type and size of tree replanted will vary.