TREE AND WOODLAND POLICY 2016 - 2021 - Harrogate Borough ...
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TREE AND WOODLAND
POLICY
2016 - 2021DOCUMENT PAGE
Introduction ………………………………………………………………………………….. 3
Why a Policy Document …………….........................................……………….………. 4
Alignment with the council’s visions, aims, values & corporate priorities ……………. 4
Some of the Benefits of Trees & their Importance in the Landscape ………………… 5
Common Complaints & Tree Related Issues ……………………………………………. 6
Right of Appeal …………………………………………………………………….. 6
Tree Resource Management ……………………………………………………………… 7
Risk Management Strategy ……………………………………………………… 7
Light Loss, TV & Satellite Reception Loss and General Nuisance Claims 7
Administration & Financial Management ………………………………………… 8
Tree Work Standards ……………………………………………………………… 8
Emergency Procedures for Dangerous Trees ………………………………….. 9
Green Waste ……………………………………………………………………….. 9
Amenity Trees ………………………………………………………………………………. 10
Trees in Residential Council Tenancy Housing Areas ………..................……. 10
Trees within Highway Verges …....……………………………………………….. 10
Trees in Parks and Open Spaces ………………………………………………... 11
Trees in Cemeteries & Churchyards …………………………………………….. 11
Trees Located on Private Land …………………………………………………… 11
Tree Removal, Replacement, Planting, Establishment & Design ……………….……. 12
Removal of Trees ………………………………………………………………….. 12
Tree Planting Strategy …….………………………………………………………. 13
Memorial Trees …………………………………………………………………….. 13
Reducing Levels of Tree Vandalism …………………………………………….. 13
Diversity of Species within Tree Planting Schemes ……………………………. 14
Identifying Beneficial Areas with the District ……………………………….……. 14
Commuted Sums – Community Infrastructure Levy (CIL) …………………….. 14
Insurance Claims, Tree Damage & Tree Loss ………………………………………….. 14
Tree Damage & Tree Loss ………………………………………………………... 14
Capital Asset Management for Amenity Trees (CAVAT) ……………………... 14
Tree Replacement Cost Values & Direct & Indirect Damage Claims ………… 15
Trees subject to Tree Preservation Orders, contained within Conservation Areas
and the Protection of Important Hedgerows ………………………………..…………… 15
Conservation of Protected Natural Resources …………………………….……. 15
1Protection of Important Hedgerows ……………………………………………… 16
Trees and Development …………………………………………………………………… 17
Woodland Management …………………………………………………………………… 19
Trees and Wildlife ………………………………………………………………………….. 20
Promoting Trees & Working With The Community ……………………………………... 21
Appendix 1: Risk Management Strategy …………………………………………………
Appendix 2: Tree Planting Strategy ……………………………………………………….
Appendix 3: Consultation List ...............................................................……………….
Appendix 4: Consultee Comments ....................................................................……..
Reports
Report to Cabinet Member for Support 1 March 2016
Report to Management Board for Endorsement 17 March 2016
Report to Cabinet for Formal Adoption 20 April 2016
21.0 INTRODUCTION
1.1 Arboriculture is the production, selection, planting, establishment, aftercare and
management of trees in the urban environment so as to help maintain and retain a safe,
viable and sustainable level of tree cover now and for generations to come.
1.2 A Tree and Woodland Management Strategy 2010-15 was formally adopted by the
council in 2010. This policy document is a review of the previous strategy document and
should be read as a natural successor to that document.
1.3 Like the 2010-15 strategy document, this document has been developed following a
period of consultation to establish, as far as is possible, what the community require with
regard to urban trees and woodland within the district. Whilst it was not possible to
undertake a full residents’ survey due to limited resources, a wide cross-section of the
population of Harrogate was involved. The appendices provide the relevant background
information to the policy, associated strategies, and those consulted. Consequently it is
considered that this document reflects the general views and requirements of residents
of the Harrogate district whilst taking into account the resources available.
1.4 The document itself also supports the Harrogate District Landscape Character
Assessment 2004 (HDLCA). The HDLCA provides a level of local detail so that future
changes (for example tree planting) may be accommodated, but in the right areas of the
District and at the appropriate level. The HDLCA identifies areas of distinct character
and any tree and woodland policy will be developed to take account of the landscape
character of each of these areas.
1.5 The Harrogate District Landscape Design Guide 2002 also provides sheets LDG8.1.1,
LDG8.1.2, LDG8.1.3 and LDG8.1.4, which give guidance on woodland planting across
the district and will be used as guides and reference material in the establishment of any
future programme/policies for enhancing the overall level of tree cover.
1.6 The council is currently responsible for trees that are located on:
• Highway verges (as part of a service level agreement with NYCC)
• Parks and gardens
• Public open space
• Cemeteries and churchyards
• Council tenancy housing sites
• Woodlands
• Car parks
• Within the boundaries of council owned/managed buildings
1.7 The Arboricultural section also acts as a consultee to the local planning authority (LPA)
on each planning application involving trees.
1.8 This policy document is underpinned by two strategy documents, contained as
appendices, to help deliver the document’s objectives. These strategy documents are:
• Risk Management Strategy; and
• Tree Planting Strategy
32.0 WHY A POLICY DOCUMENT
2.1 Trees growing within the district boundaries are vital and important yet at the same time
can be seen as being highly emotive, both in terms of perceived nuisance and of the
benefit they provide. The urban and rural landscapes of the Harrogate district are
special. The distinctive, valuable and attractive natural features of the area attract a high
volume and wide range of visitors annually. The district is rich in its variety and widely
valued in terms of its landscape and habitats and contains areas of outstanding natural
beauty (AONB), sites of special scientific interest (SSSI) and sites of importance for
nature conservation (SINC). The council has identified within its Corporate Plan a
number of priorities for which the management of existing and planting of new trees will
have a major role to play in helping to achieve.
2.2 Trees are arguably the least transitory natural feature of a landscape scene that is
dynamic and subject to constant change. They make a tremendous impact on visitors
and residents alike, providing significant aesthetic, amenity and ecological benefits and
help to contribute to a healthier environment.
2.3 Many of the trees in the district are under public ownership, are managed and cared for
by the council for the people of the locality. The council takes great pride in ensuring the
quality of the Council’s arboricultural (tree) heritage and in enhancing and sustaining its
future population so that the public can not only enjoy the benefits now but also help to
pass on these benefits to future generations. As a council we are constantly dealing with
tree related issues that can have either minor or more significant impacts on members of
the general public.
2.4 The conclusions of Trees in Towns II (DCLG, 2008) found that it was encouraging that a
substantial number of local authorities (LA) had recently produced a specific tree
strategy and/or policy. However, the research results raised questions about the
content and detail of those strategies/policies, suggesting that many may be seriously
deficient. The assessment suggested that a comprehensive tree policy or strategy
should be the starting point for a modern, planned approach to tree management.
Further it concluded that any such tree policy or strategy should also be integrated and
embedded into the local authority’s Local Plan and other relevant policies.
2.5 The proposals outlined within this document consider the natural and built environments,
both of which are seen as major contributing factors in trying to ensure that the
Harrogate district is seen and maintained as an attractive, safe, healthy and desirable
place for all those who live, work and visit.
3.0 ALLIGNMENT WITH THE COUNCIL’S VISION, AIMS, VALUES & CORPORATE
PRIORITIES
3.1 To ensure that the management of our natural assets meets the council’s vision for the
Harrogate district as the best place to live, work and visit.
3.2 To ensure that trees are considered, managed and maintained as part of the district’s
heritage and place.
3.3 To ensure a high quality, value for money arboricultural service.
3.4 To facilitate an increasing tree population within the Harrogate district, in order to reduce
atmospheric carbon via capture and storage (sequestration) and mitigate climate change
locally.
3.5 To ensure important trees are given adequate protection, or that appropriate mitigation
4for tree loss is agreed as part of any development proposal.
3.6 To actively promote the planting of trees and the creation of new woods to enhance the
built-up and urban fringe areas of the district taking into account the existing landscape
character.
3.7 The Corporate Plan 2015/18 sets out Harrogate’s long term vision, corporate priorities
and outcomes that the Council wants to achieve. The priorities are:
1. A strong local economy
2. A sustainable environment
3. Supporting our communities
4. Excellent public services.
This policy document supports the council’s corporate priorities in the areas of:
• Priority 1 – A Strong Local Economy
o A sustainable and diverse economy
o A vibrant tourism offer
• Priority 3 – Supporting our Communities
o Our impact on the environment is minimised through reducing carbon emissions
and adapting to climate change
o Development needs are met while protecting our high quality environment
• Priority 4 – Excellent Public Services
o Customer focused and provides excellent public services
o Meets our customers’ needs and expectations
o Continuously improves
o Provides good value for money
4.0 SOME OF THE BENEFITS OF TREES & THEIR IMPORTANCE IN THE LANDSCAPE
4.1 Trees are of vital importance to the landscape. They are widely appreciated for
enhancing the rural and urban environments and make a positive contribution to the
scenic character and diversity of the landscape. They are living and dynamic structures
that, dependent upon species and location, can live up to and in excess of 500 years.
The benefits they attach to the environment go beyond any perceived visual amenity
contributions. A non-exhaustive list of some of these benefits include:
• Landscape Value:
Trees can attach significant aesthetic, amenity (visual & monetary) and ecological values
to local areas.
• Environmental Filters:
Absorb carbon dioxide, release oxygen, lock up (sequester) carbon and bind particulate
matter and pollution thus removing it from the atmosphere.
• Provide Shelter, Shade & Act as Natural Screens:
Trees can help to reduce noise levels by 7 decibels (db), attach sun protection factor
(SPF) values of 50+ and help to soften built and hard landscapes.
• Increase Property Values:
Mature trees can positively affect property values.
5• Attract Inward Investment:
Green & leafy industrial sites, retail and/or shopping areas attract more inward
investment than similar areas and sites devoid of trees.
• Economic Value:
Trees can attach a significant monetary value saving per annum, per tree, through their
moderation of the local climate.
• Positively Affect Mental Health & Wellbeing:
Trees can help to significantly reduce the stress of urban living.
• Help with Positive Thinking:
One example being that recovery times for hospitalised patients who are exposed to
views of trees and vegetation are shorter than those for patients who are not.
• Help to Reduce Levels of Crime:
Crime levels have been shown to be lower in leafy areas than for those in areas devoid
of trees.
5.0 COMMON COMPLAINTS AND TREE RELATED ISSUES
5.1 Within urban areas in the council's district boundaries a large proportion of residents live
within close proximity to trees, which arguably creates varying degrees of inconvenience.
5.2 Dilemma and conflict can arise when a tree or group of trees make an important
contribution to the local environment, yet cause inconvenience to residents and those
living nearby. Within the district's tree population there are a number of common causes
of complaint. These can be:
• Physical size
• Overhanging branches or tree root encroachment issues
• Shade cast be whole tree or tree parts
• Seasonal leaf and fruit fall
• Sticky deposits (honeydew)
• Direct or indirect structural damage
• Interference with utilities
• Affecting TV and/or satellite signal reception
• Highway safety issues relating to crime and disorder
• Obscuring a view
• Perception of an unstable tree that moves in the wind
5.3 Problems may arise from an inappropriate tree species planted in the past, increasing in
dimensions as the tree grows on to reach full maturity. In some instances pruning may
address the particular issue, but in others it may not be possible to resolve the particular
issue to the resident’s satisfaction.
5.4 Right of Appeal Against Decisions Relating to Council Trees
Each year the Council receives a number of enquiries relating to trees growing on land
we own or manage. Following inspection of the tree(s), works may be identified as being
necessary to address any identified issues. Any identified works are subsequently
added to the tree work program and undertaken in accordance with their afforded priority
status. However, there are situations and instances when our response does not meet
the expectation of the customer.
5.5 It is worth noting that the appeal process is only applicable to council managed trees,
6and not the appeal procedures in relation to decisions regarding Tree Preservation
Orders, which is dealt with through the Planning system.
5.6 In an effort to reduce and prevent issues of conflict, opportunities exist for a process of
appeal against the council’s action or decision, to which the council will respond in
writing. If it is received as a complaint as opposed to a request, such responses will be
dealt with in accordance with the council’s Complaints Procedures.
TREES & WOODLAND POLICY
6.0 TREE RESOURCE MANAGEMENT
6.1 This section explores the most efficient working practices, which will provide a safe,
healthy and attractive tree population, and which consider the needs of those who live
and work and visit in the district. The arboricultural function is managed by responding
to both emergency and non-emergency requests as they arise and through on-going,
pro-active and strategic surveys of the council’s tree assets.
6.2 Risk Management Strategy
The Risk Management Strategy is contained at Appendix 1.The aim of the strategy is to]
ensure that each tree receives a ground based visual assessment at least once every 3-
5 years, as well as defining the survey protocols and risk thresholds. Any work resulting
from an inspection will be placed onto a tree work schedule and undertaken in due
course by the operational team, dependent upon its attached level of priority. Due to the
extent of tree cover within the district it is important, as far as is possible, to prioritise
and pace the survey work. However, it is equally important to ensure that surveyor
output, in terms of identification of foreseeable risks, is matched by actual tree work to
address those risks. Management of tree risk ensures that the council works to within
agreed and acceptable risk parameters both as a landowner where the risk is imposed
on the council, and where the risk is imposed on others.
THE COUNCIL:
Policy 1: Will ensure that the tree risk management strategy is implemented to
its fullest potential and it will be revisited periodically as and when
required, and reviewed every five years.
Policy 2: Will aim to undertake necessary and identified tree works resulting
from the tree survey within the strategy timeframes, subject to
available resources and where the council has a responsibility to do
so.
Policy 3: Will aim to ensure that all foreseeable risks are managed in
accordance with the council’s risk thresholds, and that where
necessary a cost-benefit analysis is undertaken to ensure all risk is as
low as is reasonably practicable (ALARP) in accordance with the
document Reducing risks-Protecting people – HSE’s decision making
process. (Health and Safety Executive, 2001).
6.3 Light Loss, TV & Satellite Reception Loss and General Claims of Nuisance
Issues of loss of light or a TV/satellite reception can be highly emotive, however these
are only generally affected in the short-term but, in some instances can be immediate if
new developments or newly installed aerials are situated in inappropriate locations.
Other common complaints relating to general nuisance (natural or seasonal phenomena)
are generally considered to be minor inconveniences, as opposed to legally defined
‘actionable nuisance’, over which the council, or any tree manager, has little, if any
7control over. Examples are;
• Loss or interference with TV or satellite signal reception
• Restriction of sunlight or man-made lighting during any part of the day
• Blocking or obstruction of a view from a residence Falling leaves
• Sap exudation (honeydew)
• Falling fruits or nuts
• Bird droppings
• Flower blossom
• Reduction or increased moisture to gardens
• Basal tree stem growth (epicormic or water shoots) - *Unless for highway visibility
• Germinating seeds from council owned trees
• Gully blockages or obstructions
• Presence of algae and/or build-up of moss
6.4 In some situations the Council may agree to third-parties undertaking works to trees on
its land in order for them to help resolve their own specific issue, i.e. shade/light-loss or
branch overhang, provided that those works do not compromise or are detrimental to the
tree itself. In such situations all works would be prior agreed by the Council, including an
agreement that the works are funded by the third-party and not the Council, tree work
standards, extent of the works themselves, sight of up to date public liability insurance
cover of the appointed contractor, sight of a risk assessment document prepared by the
contractor, and in some situations a method statement.
THE COUNCIL:
Policy 4: Will adopt a common sense approach with regards to any request it
receives for relevant, justifiable and necessary tree works. The
council does however understand that there may, on occasion, be
exceptional circumstances where there will be no other alternative
available other than pruning or felling tree(s) so as to resolve the
specific complaint. In those circumstances, the council will assess
the individual request, balancing the complainant’s request against
any environmental impacts before any decisions are made. It will also
seek to clarify the term ‘exceptional’ in any particular circumstance.
6.5 Administration & Financial Management
Administration and financial management is vital in ensuring that the service is delivered
in the most efficient and cost effective way, not only to meet customer care needs and
satisfaction targets, but also to ensure customer complaints are minimised.
THE COUNCIL:
Policy 5: Will aim to meet all corporate response deadlines in relation to tree
enquiries from the general public and will maintain a professional
stance when providing tree related information.
Policy 6: Will ensure that arboricultural information received or retained is
managed in accordance with the council’s Information Management
Strategy 2014.
Policy 7: Will ensure that allocation and/or spending of the arboricultural
budget is undertaken in line with current council guidelines. When
sourcing equipment or materials the Arboricultural Manager will
endeavour to procure the best quality items for the lowest costs.
86.6 Tree Work Standards
Work standards are governed by current British Standards, namely BS 3998:2010 [Tree
work – Recommendations], or any subsequent amendments to that document. In order
to achieve those standards the Council’s operatives and managers need to ensure that
their own professional standards and training is current and relevant.
THE COUNCIL:
Policy 8: Will continue to work to current British Standards (BS 3998:2010 or
any amendments to that document) and good arboricultural
management practices when undertaking any works to their trees, and
will continue to ensure that any contractors appointed by them also
work to those same standards.
Policy 9: Will continue to support and ensure that the arboricultural team
members receive adequate and appropriate training to enable them to
deliver the service.
Policy 10: Will regularly review the specifications by which contractors work to
and who is appointed by the council, to ensure that they are precise,
fit for purpose and meet with currently accepted standards.
6.7 Emergency Procedures for Dangerous Trees
Dangerous trees may exist within the district boundaries and until they are either brought
to the council's attention, or picked up as part of the risk management strategy, they may
pose a risk to people or property. When such trees are identified, those works will take
precedent over any other works that are currently scheduled of a lower priority or risk
rating. Where necessary the council will notify the relevant statutory body (Yorkshire
Water, United Utilities, Environment Agency, etc.), Network Rail, the police, the fire
brigade and/or the ambulance service where any dangerous trees may have the
potential to cause harm or damage to persons or property. This may require the closing
of roads, footpaths, parks and/or open-space to effectively deal with the matter.
THE COUNCIL:
Policy 11: Will prioritise all emergency works that are deemed to be necessary to
abate potential damage or injury. These works will override any other
lower priorities that currently exist within the tree work schedule.
Such works will be subject to available resources at that time and
where the council has a responsibility to do so.
6.8 Green Waste
Unless otherwise agreed, all debris that fits through the council's wood-chipper will be
chipped on site and the resulting woodchip stored at the council depot. The woodchip
will then, where possible, be recycled back in to the wider environment, for use on
council shrub and rose beds, footpaths or for decorative purposes. When woodland
works are undertaken, all resulting debris, where appropriate, would be left on site either
in mulch form or stored as habitat piles within appropriate woodland areas.
THE COUNCIL:
Policy 12: Will endeavour to seek alternative uses for arisings from tree work so
as to ensure, as much as is possible, that arisings are reused or
recycled locally.
97.0 AMENITY TREES
The way that mature trees are managed and the amount and type of attention that they
require can depend considerably upon their species, location, health and condition.
7.1 Trees in Residential Council Tenancy Housing Areas
Tree works are included in the service level agreement (SLA) that the Housing team
pays to Parks & Environmental Services on an annual basis, which covers the cost of
any labour required to carry out the works. Individual council tenancy housing sites and
council estates containing tree populations are situated throughout the district
boundaries. It is here, in this context, that council tenants and housing communities
come into the closest contact with trees. Many housing properties have trees growing
either at their frontage, sides or rear and may not necessarily be contained within their
curtilage. The tenancy agreement on such properties states that:
‘… the tenant is …. responsible for the upkeep and reasonable maintenance of the
garden, including hedges, shrubs and trees (unless the garden area is shared with
others)’.
The council does not reasonably expect all tenants to take responsibility for managing
large trees within their gardens, i.e. if a tenant were unable to carry out works due to, but
not restricted to, issues of capability or disability for example.
THE COUNCIL:
Policy 13: Will endeavour to treat each tenant’s tree-related request on its own
merits and [where appropriate] [ensure a] consultation between
Housing Services and Arboricultural Services will be undertaken
before a decision is taken, where appropriate. The final decision will
rest with Housing Services, but will be subject to compliance with any
relevant planning or legal rules or restrictions.
Policy 14: Will endeavour to incorporate trees into its housing sites by giving
careful consideration to the species and placement of trees to
minimise conflict with tenants’ requirements and other site uses, and
where appropriate will consult with tenants on such schemes.
7.2 Trees Within Highway Verges
Highway trees are defined as trees planted and growing in pavements and road verges
along the district’s highway network. These trees are currently managed by the council’s
Arboricultural Service as part of a service level agreement (SLA) it has with North
Yorkshire County Council (NYCC) and are managed in accordance with the Tree Risk
Management Strategy (appendix 1) and the principles of The National Joint Utilities
Group guidelines (NJUG 10 v.4) or any amendments to that document. These trees
however remain the property of the Highway Authority.
THE COUNCIL:
Policy 15: Will manage highway trees in accordance with the agreed SLA and
adopted Tree Risk Management Strategy, and will endeavour to treat
each tree-related request on its own merits and consultation between
the Highway Authority and Arboricultural Services will be undertaken
before a decision is taken. The final decision will rest with the
Highway Authority, but will be subject to compliance with any relevant
planning or legal rules or restrictions.
10Policy 16: Will endeavour to incorporate trees into the street scene, following
discussion with the Highway Authority, by giving careful consideration
to the species and to the placement of trees so as to minimise conflict
with other highway uses.
Policy 17: Will ensure that contractors undertaking utility works within close
proximity to highway trees are aware of, and undertake those works in
accordance with NJUG 10 v.4, or any amendments to that document.
7.3 Trees in Parks and Open Spaces
Trees growing in the council's parks and open spaces are considered extremely
important and valuable in providing leisure extensions to the general public through the
encouragement of use of the site itself. Parks are ideal for tree planting because there
are relatively few conflicts, and species that would be unsuitable elsewhere can be
established at some of these sites.
THE COUNCIL:
Policy 18: Will endeavour to identify and plant suitable trees within its parks that
may be beneficial for educational purposes, local interest, increased
tourism and guided walks.
7.4 Trees in Cemeteries & Churchyards
There are approximately 20,000 cemeteries and churchyards in England, which
encompasses some 10,000 hectares of land, and which is an extremely valuable
ecological resource. Many cemeteries and churchyards contain large specimen trees,
the product of a framework of planting undertaken when the cemetery sites were first laid
out. Many trees in cemeteries and churchyards have religious associations, and are also
considered to be valuable places that can offer a sense of calm and relaxation, and even
exercise, for those persons who choose to access them.
THE COUNCIL:
Policy 19: Will ensure that the placement of new graves near trees will be in
accordance with the guidance set out in BS 5837:2012 Trees in relation
to design, demolition and construction – Recommendations.
7.5 Trees Located on Private Land
Trees located upon privately owned land are equally as important as those located upon
public land. However, where the council is responsible for trees on land it owns, private
landowners are responsible for their own trees and they have a ‘duty of care’ in that
regard. There is also the potential for large, mature and important trees to be lost from
private land for sometimes unjustifiable reasons (i.e. perceived risk, general nuisance
issues, etc.), which can sometimes bring tree owners into conflict with the council.
THE COUNCIL:
Policy 20: Will, if and when identified as part of the normal survey program for its
own trees, notify NYCC of private trees that pose a measurable and
foreseeable risk to the public highway, or notify landowners
themselves if trees pose a foreseeable risk to council land, in order to
carry out necessary remedial works. In the event of failure or non-
compliance, the council will use statutory powers under the relevant
legislation to undertake the remedial work and recharge the costs to
the tree owner.
11Policy 21: Will not undertake tree works for private tree owners at its own
expense, unless those works are required under any legislation. In
such circumstances, the council will pursue any costs associated with
such works from the relevant landowner as outlined within the
relevant legislation under which the works were required.
Policy 22: Will not arbitrate in private tree owner disputes unless the trees would
have the potential to affect council land.
Policy 23: Will continue to adopt a pro-active approach with regards protecting
trees and associated benefits, through the use of the Tree
Preservation Orders, and through consultation with the Planning
Authority, significant trees within the environment that are under
threat of felling or inappropriate works, and The council will endeavour
to react at the earliest convenience to concerned members of the
general public, where trees are under threat.
Policy 24: Will use its powers under the Anti-social Behaviour Act 2003 (Part 8)
and the High Hedges (appeals England) Regulations 2005 in
determining complaints relating to properties adversely affected by
evergreen hedges.
8.0 TREE REMOVAL, REPLACEMENT, PLANTING, ESTABLISHMENT & DESIGN
8.1 For the most part Harrogate district has areas that could be described as being leafy
however there are also parts of the town and district that are devoid of any significant
level of tree cover. In some areas, mature trees have been gradually lost over a number
of years and the tree population is declining. Consequently, decisions made today about
the removal or planting of trees will shape the landscape for future generations.
8.2 Many problems associated with trees, i.e. shade, leaf fall, nuisance, etc. can be avoided
by consideration of appropriate design of relevant planting schemes. The ‘right tree in
the right location’ is pivotal in ensuring urban trees coexist in harmony, as opposed to
conflict with the community. The appropriate use of trees can transform the quality and
amenity value (visual & monetary) of an area. With careful consideration at the design
stage, tree-planting schemes can create sustainable landscapes of quality.
8.3 Removal of Trees
The council regards trees to be of vital importance to the landscape. However, from time
to time trees have to be felled. The approach adopted by the council through its Tree
Risk Management Strategy provides that tree removal is not undertaken which cannot be
justified i.e. unacceptable levels of foreseeable risk or good arboricultural management
practice. The unjustifiable loss of healthy and important trees can have a detrimental
impact upon people, ecology and the environment.
THE COUNCIL:
Policy 25: Will refrain from removing healthy trees from the environment unless
removal is in line with good woodland management practices, dictated
by the Highways Act or as part of a development where other trees are
normally conditioned for replacement.
Policy 26: Will assess trees that are dead, dying or attach a foreseeable risk on
their own merits and in the context of their immediate environment,
and, where necessary, will schedule works to address the risk to
12reduce it to ‘as low as is reasonably practicable’ (ALARP), undertake a
‘cost-benefit’ analysis of such works, retain the tree as is, or remove it
entirely. Any decision taken will be in accordance with the Tree Risk
Management Strategy.
8.4 Tree Planting Strategy
There is no guarantee that replacement or newly planted trees will survive in the longer
term, or whether they will attach benefits and/or amenity values as they grow on to reach
full maturity. The aim of a Tree Planting Strategy (Appendix 2) is to try to ensure that a
sustainable level of tree cover is maintained going forward.
8.5 In order to achieve a sustainable level of tree cover district wide, adequate funding,
resources and aftercare need to be in place. To achieve this level of cover it is important
that any tree that is felled has a minimum of two planted, and that those trees are
procured and planted in accordance with the appropriate standards.
THE COUNCIL:
Policy 27: Will, in conjunction with its Tree Planting Strategy, procure and plant
trees in accordance with BS 8545:2014 Trees: from nursery to
independence in the landscape – Recommendations, or any
amendments to that document.
Policy 28: Will, in conjunction with its Tree Planting Strategy (Appendix 2), and
subject to available resources, plant a minimum of two trees for each
one removed from the urban environment (excluding tree numbers
included as part of woodland planting schemes), and will explore
opportunities to increase planting resources through other means.
8.6 Memorial Trees
The Council currently works, and will continue to work with district’s Rotary Clubs,
conservation groups and volunteers, as well as its Bereavement Services section, to
ensure adequate and appropriate funding is in place for memorial tree planting schemes.
This work may take the form of assisting in grant applications, sourcing and designating
available planting locations, providing advice on appropriate tree species and potentially
providing labour to assist in the tree planting project itself.
THE COUNCIL:
Policy 29: Will continue to work with all appropriate groups and organisations to
promote, develop and carry out memorial tree planting schemes within
its district boundaries and continue to explore ways to expand the
scheme.
8.7 Reducing Levels of Tree Vandalism
There are recognised 'hot-spots' within the district where newly planted trees are
regularly targeted for vandalism. The approach adopted by the council is not to give up
on the potential to improve these areas through tree planting, but to look at ways in
which these trees can be protected, establish and grow on to reach full maturity.
However, the necessity to include anti-vandalism materials or considerations may have
an adverse impact on the number of trees that can be planted in any given year. Careful
consideration has to be given as to whether the inclusion of such materials will have the
desired effect or be financially expedient in the short and longer term.
THE COUNCIL:
13Policy 30: Will consider anti-vandalism techniques and materials when
undertaking planting schemes and where appropriate, and subject to
available resources, they should be implemented. This policy will also
be applied to established trees at risk of being targeted within other
areas.
8.8 Diversity of Species within Tree Planting Schemes
Maintaining a rich, varied and diverse level of tree cover will help to achieve the goals of
sustainability and ecology levels, as well as helping to protect local and wider landscape
planting schemes now and for generations to come.
THE COUNCIL:
Policy 31: Will aim to increase the diversity of tree species in planting schemes
and avoid the planting of a limited selection of species, especially the
inappropriate planting of monocultures.
8.9 Identifying Beneficial Areas within the District
The Tree Risk Management Strategy allows the council to gain information in relation to
specific areas within the district on sites that may accommodate trees, which it can,
subject to available resources and appropriate consultation, potentially earmark for future
planting schemes.
THE COUNCIL:
Policy 32: Will, through the Harrogate District Landscape Character Assessment
2004 and the Harrogate District Landscape Design Guide sheets
LDG8.1.1, LDG8.1.2, LDG8.1.3 and LDG8.1.4, continue to identify and
earmark sites within the district boundaries which may be suitable for
small or large scale planting schemes, and, where appropriate, will
enter into consultation with the local community with regards to any
proposed schemes.
8.10 Commuted Sums – Community Infrastructure Levy (CIL)
The council generates commuted sums through the planning system. For Parks &
Environmental Services funds are generated for recreational provision. This allows for
improved existing public open space areas or provides new recreational areas within the
district.
THE COUNCIL:
Policy 33: Will source and identify all relevant and available commuted sums for
specific tree related schemes and allocate those funds accordingly.
9.0 INSURANCE CLAIMS, TREE DAMAGE & TREE LOSS
9.1 Tree Damage & Tree Loss
Development carried out close to trees which does not adhere to relevant planning
conditions, appropriate standards, guidelines, method statements or working practices
can lead to irreparable tree damage, required remedial tree maintenance works, and/or
tree loss. This can have a negative and detrimental impact upon local landscapes and
tree cover.
9.2 Capital Asset Management for Amenity Trees (CAVAT)
The council’s Management Board endorsed the use of Capital Asset Management for
Amenity Trees (CAVAT) in January 2015. CAVAT was approved for adoption by the
14Cabinet Member in February 2015. This included adoption of the joint mitigation protocol
(JMP), which is relevant to the level of technical evidence required in allegations of
council tree involvement in claims of subsidence or direct damage, and also applicable to
trees subject to a tree preservation order (TPO).
9.3 Tree Replacement Cost Values & Direct & Indirect Damage Claims
When investigating claims of tree damage and loss to council trees CAVAT will be
applied in order to calculate associated costs. When considering subsidence and direct
damage where council managed trees are implicated, or where such information is
required in support of works to a tree that is subject to a tree preservation order (TPO),
the onus is on the claimant to provide technical evidence to support such a claim. The
council will always require a level of technical detail in order to reach an informed
decision. In all cases the level of detail required will be determined by reference to the
adopted joint mitigation protocol (JMP) and associated CAVAT valuations.
THE COUNCIL:
Policy 34: Will seek compensation in the form of remedial work to rectify damage
and/or full replacement cost values from any external organisation or
individual(s) responsible for significant damage to, or removal of, any
council owned tree(s) to the value as calculated by CAVAT.
Policy 35: Will, where appropriate and where council trees or trees subject to
TPOs are implicated, manage and process subsidence and direct
damage claims in accordance with the Joint Mitigation Protocol, in
order to protect the council’s interests and speed up the processing of
such claims.
10.0 TREES SUBJECT TO TREE PRESERVATION ORDERS, CONTAINED WITHIN
CONSERVATION AREAS & THE PROTECTION OF IMPORTANT HEDGEROWS
10.1 Conservation of Protected Natural Resources
The council has an interest in trees on privately owned land when they are either subject
to a Tree Preservation Order (TPO), contained within a Conservation Area (CA), or on
an area of land subject to an approved planning application. At present the council, as
the Planning Authority, oversees a large number of TPOs, which covers individual
specimens, groups, areas and woodlands, as well as a large number of CAs.
10.2 When a formal consent to carry out work to a protected tree is received the council’s
Arboricultural Officer will undertake assessment through a site visit. In assessing
proposed works, the Arboricultural Officer will take into consideration Planning Practice
Guidance (2014) or any amendments or superseding of that guidance.
10.3 The inspection and decision will ensure that the proposals will not be detrimental to the
health of the tree or severely affect its amenity. An assessment will be made to ensure
that any work is necessary and that a resolution can be found. If the work is deemed
inappropriate, the Arboricultural Officer will advise the owner(s) of what would be
considered suitable in the circumstances, should such an option be available. The
council’s approach is intended to raise awareness and understanding of good tree
management and arboricultural practice and not be restrictive.
10.4 The council recognises and accepts its duty as imposed by the Town & Country Planning
Act 1990 and considers the advice set out by Central Government in the following
legislation and documents;
• The Town & Country Planning Act 1990 (as amended)
15• The Town and Country Planning (Tree Preservation)(England) Regulations 2012
• Planning (Listed Building & Conservation Areas) Act 1990
• Countryside and Rights of Way Act (CRoW) 2000
• Planning Practice Guidance (2014)
• British Standards BS 5837:2012 Trees in relation to design, demolition and
construction – Recommendations
• British Standards BS 3998:2010 Tree work – Recommendations
• British Standards BS 8545:2014 Trees: from nursery to independence in the
landscape – Recommendations
10.5 A copy of ‘Protected Trees - A Guide to Preservation Order Procedures’ can be obtained
at:
http://www.harrogate.gov.uk/pos/Pages/Trees-LegalandPlanningRequirements.aspx
10.6 An application to undertake works to trees subject to a TPO or contained within a CA can
be obtained at:
http://www.harrogate.gov.uk/plan/Pages/New%20Plan/Make-An-Application.aspx
10.7 Protection of Important Hedgerows
The Hedgerow Regulations 1997 are designed to give protection to important hedgerows
in England and Wales. Anyone proposing to remove a hedgerow, or part of a hedgerow,
which is covered by the regulations, must notify the Planning Authority by submitting a
Hedgerow Removal Notice before removing any part of a hedgerow. For the purposes
of the regulations, ‘remove’ is defined as uprooting or otherwise destroying a hedgerow.
A copy of the council’s Countryside Hedgerow Guidance Note and a Hedgerow Removal
10.8 Notice can be obtained from:
http://www.harrogate.gov.uk/plan/Pages/New%20Plan/Countryside-Hedgerows.aspx
10.9 Information relating to high hedges as outlined within part 8 of the Anti-social Behaviour
Act 2003 can be obtained at:
http://www.harrogate.gov.uk/plan/Pages/New%20Plan/High-Hedges-An-
Introduction.aspx
THE COUNCIL:
Policy 36: Will continue to use its powers under the:
• Town and Country Planning Act 1990 (as amended)
• The Town and Country Planning (Tree Preservation)(England)
Regulations 2012
• Planning (Listed Buildings & Conservation Areas) Act 1990
to protect and manage important trees within the Harrogate district by:
• Keeping an accurate and up-to-date record of protected trees
• Ensuring that each application for work to, or removal of,
protected tree(s) will be assessed by a competent Arborist
• Ensure, where possible, that all trees that meet the criteria for
inclusion within a TPO and which are under a measurable and
identifiable threat are afforded relevant protection under Section
16201 of the Town & Country Planning Act 1990 as a minimum
Policy 37: Will present all provisional TPOs to the appropriate Planning
Committee for determination prior to the end of the 6 month deadline.
Policy 38: Will use the TPO appropriately and in line with current Planning
Practice Guidance.
Policy 39: Will consider placing a TPO on its own trees, should those trees be
under threat of inappropriate or unjustifiable works from adjoining
landowners or other bodies.
Policy 40: Will ensure that any works to trees are carried out in accordance with
any permissions granted, and in accordance with the relevant British
Standards for tree works.
Policy 41: Will ensure that appropriate enforcement action is taken against all
those who carry out unauthorised works to protected trees, where
there is appropriate evidence and/or it be deemed to be within the
public interest to do so.
Policy 42: Will monitor whether replacement trees are planted as part of any
relevant conditions and/or replacement planting duties, and where
conditions and/or duties are not met the council will use appropriate
enforcement powers to ensure that trees are planted or replaced
where necessary.
Policy 43: Will support and encourage the appropriate management of
woodlands protected by TPOs and the management and protection of
ancient and semi-natural woodlands.
Policy 44: Will assess each application to remove important hedgerows and
where necessary and appropriate, prevent such hedgerows from being
removed by serving a Hedgerow Retention Notice.
11.0 TREES & DEVELOPMENT
11.1 The Arboricultural section currently deals with approximately 750 tree related planning
consultations each year. A high percentage of these applications relate specifically to
trees that are located on proposed development sites. The Arboricultural section acts as
a consultee to the council’s planning section and provides opinion in response to submit
reports, condition surveys, felling or pruning proposals or tree protection measures and
method statements where required. Attendance at site meetings to discuss specifics
with land owners or their appointed representatives may also be required.
11.2 The Town and Country Planning Act 1990 (section 197) recognises the importance of
trees and charges the LPA with a specific 'duty':
'….to ensure, whenever it is appropriate that, in granting planning permission for any
development, adequate provision is made by the imposition of conditions for the
preservation and planting of trees' and 'to make such (Tree Preservation)
Orders............... as appear to the Authority to be necessary in connection with the grant
of such planning permission whether for giving effect to such conditions or otherwise'.
11.3 Of particular relevance is the Trees & Design Action Group (TDAG) 2014 publication,
‘Trees in Hard Landscapes – A Guide for Delivery’. Endorsed by Baroness Kramer
17(Minister of State for Transport). This document contains many case studies that outline
how trees can be retained during significant land development schemes, as well as other
relevant information.
11.4 The level of detail that is normally required in any planning application is dependent upon
the type of application that is being made. The Arboricultural Officer will advise
applicants to seek professional pre-application advice if they are in any doubt as to what
may be required. However, where the council feels that insufficient detail has been
forwarded in support of any application, additional supplementary information may be
requested, prior to determination. For most planning proposals, the following will be
relevant for prior consideration::
• Planning Practice Guidance (2014)
• British Standards BS 5837:2012 Trees in relation to design, demolition and
construction – Recommendations
• British Standards BS 3998:2010 Tree work – Recommendations
• British Standards BS 8545:2014 Trees: from nursery to independence in the
landscape – Recommendations
11.5 Once trees to be retained have been identified, their removal can be prohibited by a TPO
and/or protected through planning conditions. The Town and Country Planning Act
1990, Section 70(1)(a), enables LPA's to impose 'such conditions as they think fit' when
granting planning permission. In all cases, any conditions should meet the ‘six tests’ as
set at Paragraph 206 of the National Planning Policy Framework, namely:
• Necessary
• Relevant to Planning
• Relevant to the Development to be Permitted
• Enforceable
• Precise
• Reasonable in all other respects
THE COUNCIL:
Policy 45: Will consider the Trees & Design Action Group (TDAG) 2014
publication, ‘Trees in Hard Landscapes – A Guide for Delivery’ when
commenting on applications for proposed land development
Policy 46: Will request all relevant information in support of all planning
applications in line with British Standards BS 5837:2012, where there
is a necessity for supporting information in relation to the Tree Survey,
Arboricultural Implication Assessment, Tree Protection Plan or
Arboricultural Method Statement
Policy 47: Will, where appropriate, look to retain trees on development sites by:
• Considering a TPO after trees to be retained have been identified
• Requiring conditions as part of the planning permission, relating
to the physical protection of trees on the development site
• Ensuring that the planning conditions, including replacement
planting conditions, are monitored and enforced where
appropriate
Policy 48: Will, through application of the Harrogate District Landscape
Character Assessment 2004, ensure that tree planting on
18development sites is adequate and appropriate by:
• Requiring that landscaping schemes submitted as part of a
planning application are in keeping with local landscape character,
and respect and incorporate existing landscape features
• Requiring that any new trees to be planted are planted in
accordance with British Standards BS 8545:2014
• Requiring that any new trees which die within 5 years of the
development being completed are replaced by the developer
within an agreed time period with the LPA.
12.0 WOODLAND MANAGEMENT
12.1 The Harrogate District has examples of four of the UK Biodiversity Action Plan (BAP)
priority woodland habitats, specifically: Upland Oak-woods, Upland mixed Ash-woods,
Wet woodland and Orchards. The main broad habitat types are broadleaved, mixed &
yew woodlands and coniferous woodlands.
12.2 The council’s woodland sites are valued and extremely important in terms of providing
habitat for a variety of species, providing venues for exercise and recreation, providing
areas of local interest and helping to actively encourage local groups and the general
public to engage with their local community.
12.3 The key management approaches for the council’s woodlands can be divided into three
categories:
• Nature Conservation and Enhancement
• Landscape Enhancement
• Public Access and Safety
12.4 Managing and maintaining woodlands however is not just subject to site priorities but
also available budgets and relevance of the type of management required for the site.
As such, management techniques are frequently based around the potential for
available grants and external funding. The current threats to our existing woodland sites
include:
• Clearance of land for other uses
• Invasion by exotic species
• Failure of natural regeneration and destruction of the ground flora
• Isolation caused by the simplification of the landscape and loss of woodland habitat
networks
• Changes in neighbouring land use affecting the hydrology and nutrient levels and
creating an invasive seed source
12.5 Consideration is also given to the ecology and habitat management element of the
management plan, which revolves around the retention of identified species on the site
as well as the introduction of species that it is anticipated would thrive in such an
environment. There are however many challenges that are linked to protection of habitat
within a site that invites the general public into it. Although the benefits of such habitat
are numerous for both the ecosystem and viewing public at large, there has to be a
balance so as to maintain a sustainable system.
12.6 This is relevant to the council’s BAP document. Biodiversity, in a woodland context, is
important in terms of being an integral part of maintaining the natural functions of the
environment, of economic importance, an essential part of our social and cultural life,
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