Overview
Contents
Trees make a big contribution to the quality of our lives. In addition to visual amenity, they help to improve air quality and reduce air pollution, store carbon and mitigate against high temperatures, and retain water and reduce flooding. Trees are important for wildlife, hosting and providing food for a wide range of flora and fauna. Trees also deliver community benefits by defining recreational spaces, shaping cultural identity through landscape improvements, and by providing food in orchards and farms. Scientific research shows that trees provide huge benefits to people’s physical and mental health, providing calming and peaceful environments and promoting general wellbeing. Our trees are, therefore, an essential resource providing multiple benefits to the people of Staffordshire.
How do we manage our trees?
Staffordshire County Council recognises the importance of our tree resource and identifies standards for its management. This will ensure the long-term conservation of trees for the people of Staffordshire and future generations.
Our approach provides a framework to establish a healthy, balanced, and sustainable tree population capable of withstanding predicted climatic changes and the impact of diseases. It also enables us to ensure we reduce the risk to the public from potentially hazardous trees.
Our approach sets out a framework to manage our trees and to achieve the following objectives:
- Conserve and enhance the tree resource in terms of quality, diversity and numbers.
- Promote public safety through appropriately resourced tree inspection and maintenance programmes.
- Fulfil the Council’s legal obligations as a tree owner by addressing safety and major nuisance issues effectively.
- Inform customers of our legal obligations relating to trees and manage enquiries and expectations appropriately.
- Establish sustainable management programmes for Council woodland.
- Promote and increase the current level of tree planting on public and private land to address the decline of individual trees and woodland cover, mitigate the potential effects of ash dieback and other potentially harmful diseases, and to increase carbon sequestration to address climate change.
The actual likelihood of tree failure resulting in damage to people and/ or property is very low. In fact, as the Health and Safety Executive states “The risk, per tree, of causing fatality is of the order of one in 150 million for all trees in Britain or one in 10 million for those trees in, or adjacent to, areas of public use.” Despite this, there is some risk to public safety. As a result, landowners are legally required to take a common-sense approach to tree risk management in order to reduce the risk as much as possible, proportionate to the resources available.
Appropriate and effective tree inspection procedures should ensure that changes in tree condition are noted and, if necessary, acted upon before the tree becomes hazardous to persons and/ or property. The Council’s tree inspection regime considers a range of criteria including species, age, size, health and condition, location, site usage, hazard risk, and landscape and ecological value. We aim to balance the management of trees for public safety with their ecological and landscape value. Both management objectives are important, but the nature and use of each site normally dictates which one should take precedence.
How do we manage the risk from trees?
Service areas now have robust tree risk management regimes in place, which will ensure that high usage areas such as highways, footpaths and built-up districts are ‘zoned’ and prioritised for inspections at least every five years. In addition, trees outside of priority areas are also inspected in accordance with property maintenance inspection regimes.
Tree surveyors have industry standard Lantra training in Visual Tree Analysis methodology. Where defects are found on trees, inspectors will assess the likelihood of failure and prevalence of target to determine which category of response time should be applied to remedial works.
When Staffordshire is impacted by adverse weather such as storms and gales, which can impact tree stability, we will undertake responsive inspections and continue to prioritise management on a risk basis.
Replacing trees removed for tree risk management purposes
We will seek to maintain and increase our tree population by implementing appropriate tree planting schemes on suitable sites. Approaches to restocking will include landscaping on new development schemes, woodland and orchard creation, and highway planting. We will also continue to support and encourage other authorities and developers to implement well planned tree planting and maintenance schemes.
Nuisance issues relating to trees
Common complaints about trees include blocked light, interference with TV signals, and leaf litter. An individual’s tolerance of these complaints is a subjective and personal matter and there are a variety of other potential nuisances associated with trees, most of which are minor or seasonal. We will not automatically fell or prune Council owned trees solely for the reason that they are causing inconvenience.
It is your common law right to cut back any branches that are overhanging and interfering with your property, as long as your actions don’t affect the health of the tree as a whole. You should check with your local district/borough council before carrying out any work, in case the tree is covered by a tree preservation order or is in a conservation area.
Tree roots damaging property
If you suspect that the roots of a Council owned tree are causing damage to your property, such as the foundations or private drainage, you are at liberty to submit a formal insurance claim to the Council’s insurance section using this form Make a claim - Staffordshire County Council. Your completed claim will be checked by our inhouse claims team and once all details are received, our reports will be forwarded to our appointed insurance claims handler who will write to you directly upon receipt of the claim. You should expect to receive a decision from our appointed insurance claim handler regarding any liability within three months of the insurer’s acknowledgement letter.
Staffordshire County Council’s Planning Team handles planning applications for minerals and waste development. For all other types of development, applications are made to the borough and district planning authorities.
What tree information must I submit with my planning application?
The Council requires a tree survey and plan to be submitted with any planning application where trees are within 10 metres of construction work. This is to ensure that trees on a development site are fully considered as part of the application. A tree protection plan must accompany this document as part of your planning application in order to prevent damage to trees during construction.
Tree survey and plan
We recommend that the tree survey and plan are carried out in accordance with British Standard 5837:2012 'Trees in relation to design, demolition and construction – recommendations'. Your planning application may not be registered if you fail to submit a tree survey and tree protection plan.
Tree protection plan
The tree protection plan (TPP) usually shows the position of protective fencing but may include other measures such as ground protection. Protective fencing is used to keep machinery away from the roots and branches and prevent the storage of materials too close to the trees.
A tree can be damaged in only a few minutes on a development site and the damage is often irreparable. This damage is usually caused accidentally, because of a failure to appreciate the vulnerability of trees, particularly their root systems. The protective fencing, or other protective measures, must be in place before any work begins on site, including site clearance or demolition, and remain in place until all construction has finished.
If the Council grants planning consent for a site that contains trees we will often make the tree protection plan and tree survey one of the approved documents of your planning permission. Failure to protect the trees on your site could mean you are in breach of your planning consent and we may take enforcement action.
Arboricultural method statement (AMS)
In some circumstances it may be possible to carry out development inside the construction exclusion zone (CEZ). This would require a level of detail over and above the normal content of a tree survey.
The most common detail required in an AMS is technical information relating to a 'no dig' solution for footways. Other examples could be specialist foundations requiring a trenchless construction or retaining walls. If a developer is aware of these types of scenarios, it is recommended that the AMS is submitted to support the full planning application.
Mitigation planting
On occasions there will be justification to remove trees for development. In this situation mitigation planting is expected. Where individual trees, outside of woods, are removed to accommodate development, proposals will usually need to show a net gain in replacement tree cover.
Whip planting (transplant 80-100 cm) will be accepted if the mitigation planting is for hedgerows or wooded belts. Whip planting will not be approved for replacing the loss of established trees, regardless of condition at planning application date.
The planting specification must adhere to the document below and include maintenance details for five years.
Checklist
Does your scheme:
Trees in conservation areas
Where works are likely to impact upon trees in a conservation area the District or Borough Council will require a minimum of six weeks notification of details. At this point, the LPA may place a tree preservation order (TPO) on the trees affected, therefore, early advice should be sought. Failure to do so may delay schemes.
District and borough councils within Staffordshire County:
Do I need a felling license to cut down trees?
Tree felling is a legally controlled activity. You will normally need permission from the Forestry Commission to fell growing trees and they will normally provide this by issuing a felling licence. The licence will allow you to fell identified trees and woodland legally. Some exemptions apply, for example in any calendar quarter you may fell up to 5 cubic metres (m3) of growing trees on your property without a felling licence, as long as no more than 2m3 are sold.
Trees with a diameter at breast height of less than 8cm are also exempt. In addition, there are exceptions that apply to: fruit trees like apple, pear or plum; trees standing or growing in an orchard, garden, churchyard or public open space; and trees that pose an immediate risk of serious harm and urgent work is needed to remove the risk. Check with your local woodland officer for the avoidance of doubt.
Are all trees protected in a conservation area?
Yes, they are protected by the provisions in Section 211 of the Town and Country Planning Act 1990.
What is the procedure to remove a tree(s) in a conservation area?
If you wish to remove tree(s) in a conservation area it is necessary to give the relevant local planning authority written notice (by letter or email) of proposed work describing what you want to do, at least six weeks before the work starts. This gives the authority an opportunity to consider protecting the tree with a tree preservation order.
No work should be carried out to the tree until either confirmation of acceptance of the notice has been received, or the six-week period has elapsed.
What happens if I cut down a tree in a conservation area without giving notice to the local planning authority (LPA) or not waiting for the six-week notification period?
If a tree is cut down, uprooted, wilfully destroyed, damaged (including cutting roots, top or lop), in a manner likely to destroy it, the LPA has the authority to issue a fine for each offence (each tree). It is common practice that, as well as the fine, it will be necessary to plant a replacement tree for every tree that was removed or destroyed.
What is a Tree Preservation Order (TPO)?
A Tree Preservation Order (TPO) is an order made by a local planning authority (LPA) in respect of trees. A TPO is used to protect trees (including areas of woodland) where they provide significant local amenity benefits. The order makes it an offence to cut down, uproot, prune, damage or destroy the tree without permission from the LPA who made the order.
More information is available here Tree Preservation Orders and trees in conservation areas - GOV.UK.
How do I find out if there is a TPO on a land holding?
It is necessary to contact the relevant local planning authority (LPA). Each District and Borough Council hold their own complete datasets of trees with a TPO. Each LPA deals with this differently. Although a search for a TPO may be free, a copy of the full TPO with map showing trees included may incur a cost.
How do I get permission to remove or carry out work on a tree protected by a TPO?
You must make an application to the LPA who made the order using a standard application form. Forms are available from the respective LPA’s website. List details of all work you wish to carry out and provide information to support your application, such as any professional advice received i.e. a tree survey. You may also find it useful to refer to their website for further guidance.
Is permission always required when carrying out work on a tree with a TPO?
There are exemptions, the most common of which are:
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Removing dead branches from a living tree. However, it is recommended that you inform the relevant LPA tree officer to let them know that the work being carried out is exempt, so that they can reassure any concerned members of the public.
If there is any doubt get advice from the LPA tree officer.
What happens if you carry out work on a TPO tree without permission?
If a protected tree is deliberately destroyed or damaged in a manner which is likely to destroy it, you could be liable to an unlimited fine. You can also be fined for permitting the work to take place.
I’m concerned about a tree that looks dangerous. How do I report it?
If you are concerned about a tree that looks dangerous because, for example, it has split or dead branches, has been partially uprooted, or is visibly in decline, and there is a target such as a building, footway or highway please visit our Report a concern webpage to report the issue.