Tree and Woodland Policy

The Tree & Woodland Policy clarifies and informs South Tyneside Council‟s approach to managing and maintaining the trees under our ownership. It also provides detail of the guidance given to members of the public on these issues.

The policy underpins two of the Council‟s key objectives, to deliver sustainable communities and to improve the natural environment.

Our approach to the management of our trees and woodland is based on two key aims:

• Managing the trees and woodland in the Borough in an environmentally sensitive and sustainable manner.
• Providing sound guidance on tree related issues to the public and other stakeholders and ensuring compliance with our General Duty of Care 1.

Trees and woodlands are an invaluable resource and play an important role in people's lives. Not just because of the intrinsic environmental benefits they bring but also from a wider economic and social perspective.

Trees and woodland contribute to our quality of life by:

• Providing a place for recreation and improving the quality of our surroundings
• Contributing to our own and our children's education and allowing us to live a healthier life
• Absorbing harmful CO2, which contributes to global warming
• Forming a vital part of much-loved landscapes
• Conserving our world's biodiversity by providing habitats for numerous animal and plant species
• Contributing to our economy, both directly and indirectly through tourism for example
• Woods and trees also have an intrinsic value and beauty in and of themselves
• Trees and woods provide health benefits - through providing a great place to exercise, as well as helping to reduce stress and anxiety

It is important that trees and woodland are planned for and managed in a way to ensure that they can bring the widest benefits to our communities. We have limited resources to manage our trees and woodlands so we need to ensure we can manage them efficiently to achieve the greatest benefit and minimise the problems we need to deal with.

There is existing legal protection for trees, through Tree Preservation Orders and trees within designated Conservation Areas. No felling, topping or lopping of protected trees is permitted and all proposed works require permission from our Planning Department. Permission will only be granted to those applications that meet the requirements of the legislation.

The Planning Enforcement Team has powers to investigate any allegations of breaches of the tree protection legislation and take action where appropriate. Similarly, when planning applications are received for land where trees are established, the Planning Team are legally obliged to include the trees when considering the application.

However legislation and enforcement does not deal with all tree related problems. This policy will help us to resolve disputes, provide information and to keep residents and elected members informed of our standards and practices.

We have approximately one million trees within Council ownership, most of which (700,000) are in woodlands such as Boldon Colliery Woods that were planted from the late 1950s‟ to improve and regenerate areas of post industrial land. The average age of the trees is around 50 years although there are some as old as 100 years within our parks and cemeteries.

As well as the woodland areas there are approximately 18,000 trees within our Highways; 11,000 in the 16 parks; 3,200 in cemeteries; around 35,000 in housing and public open space; 22,000 in schools and an estimated 20,000 in the hedgerows that we maintain. The number of trees we have is above average in comparison to our neighbouring Councils.

To pro-actively manage our trees it is important we know what type of trees we have, where they are and what condition they are in. We hold records for the original woodland planting and parks trees and most of the cemeteries have been surveyed over the past five years, as have the trees within the schools. The trees within the highways are all regularly inspected as part of our Highway Tree Policy 2 maintenance programme.

The climate, topography and soils of South Tyneside make it difficult for many kinds of trees to grow and establish themselves and therefore the tree population is dominated by a small number of very hardy species, such as Ash, Sycamore, Whitebeam, Hawthorn, Poplar, Willow and Blackthorn. These make up the majority of mature species in the parks, cemeteries and highways, although a great many woodland species such as Field Maple, Common Oak, Alder and Beech have been planted in the woodland areas throughout the Borough. Also many exotic specimen trees have been planted within the parks and cemeteries.

The largest single woodland area is Boldon Colliery Woods and there are many smaller woodlands. Whilst the majority of our trees are within the woodlands, this still leaves a great many trees within close proximity to properties and habitable areas.

South Tyneside is environmentally diverse with areas such as Cleadon Hills and Boldon Flats designated Sites of Special Scientific Interests. The green space areas in the Borough are formed by the woodlands, parks, open spaces, cemeteries, crematorium, gateways and green corridors.

Given the changes in climate that are occurring, it is important that we have a wide range of tree types that can cope with such changes for the foreseeable future.

We need to pro-actively manage our trees and woodland areas and there are a number of important considerations to take into account to ensure we can do this in the most appropriate way.

There have been a number of directives and guidance documents provided by government:

• The Department for Communities and Local Government launched its Manual for Streets in 2007, it highlights the value of the strategic planting of trees within the Highway context.
• In 2007 the Governments Strategy for England‟s Trees, Woods and Forests was launched, with a delivery plan in 2008 to translate the Strategy into actions and results on the ground.
• Trees in Towns II was published in 2008 which provided recommendations to Local Government regarding tree management.

Most recently the government stated in 2010 that they will:

• introduce measures to protect wildlife and promote green spaces and wildlife corridors in order to halt the loss of habitats and restore biodiversity.
• and in December 2010 they launched a national tree planting campaign. The Big Tree Plant aims to plant one million trees in urban areas over the next four years.

Green Space Team

A small team of three professional arborists are responsible for the day to day management of the Council owned trees within the Borough via a dedicated Tree Works Contract (the current contractor is Glendale Countryside Ltd., Commercial Rd, South Shields). Working alongside the tree specialists are qualified and experienced horticultural officers who specifically manage the grounds maintenance contract.

The team manage and monitor all public enquiries regarding trees, undertake tree inspection and surveys and provide objective technical advice to the public and other departments on tree related matters, including Planning, Development Control and tree protection issues regarding privately owned trees with Tree Preservation Orders and both Council owned and privately owned trees within Conservation Areas.

The team liaise with the public via estate walkabouts, events such as Envirofair and Can You Dig It, dedicated walks and talks on a number of tree related subjects.

The team is also responsible for ensuring that all work on Council owned or protected trees is undertaken to a high standard of excellence based upon industry best practice, British Standards and specific legislation. Any work carried out is guided by our operations reference manual (Appendix 2).

Green Spaces

The trees found in our green spaces are commonly:

• Of a similar age (and therefore will decline and die at a similar time)
• From a narrow range of species (therefore susceptible to total loss through pests or disease)
• Have predominantly re-active pruning work carried out upon them if at all
• Difficult areas to establish new planting because of a high incident of vandalism or mower/strimmer damage
• Likely to suffer from storm damage due to their density of planting and form
• Often contain the most mature trees in the Borough, particularly in the parks and cemeteries

To overcome these problems we need to concentrate our efforts in our green spaces to increase the species and age diversity of our trees and reduce their density where they have been planted close together. We also aim to maintain and manage them in such a manner as to:

• Reduce their negative impacts upon local residents
• Monitor their condition and thereby manage their future safety
• Defend against future impacts of climate change
• Improve their amenity value to local residents
• Develop their biological and habitat diversity
• Improve public awareness of their positive benefits

Woodlands

In our woodlands large numbers of trees were planted very close together meaning that the woodlands are becoming very dense and dark as they age, with weaker trees dying towards the centre of the wood.

To create the desired urban woodland spacing (average 8-10m between trees) large scale thinning will be required. Thinning is the selective removal of individual trees to create greater spacing between the retained trees.

he percentage of thinning required will be determined by the initial density of the trees, the proposed management plans and the desired end-use, e.g. amenity, recreational, nature conservancy or a mixture, etc. In any event at least 50% of the total number will require removal over the next twenty years to allow for the healthy and safe development of the woodland infrastructure.

Wildlife and biodiversity

Managing our trees with wildlife and biodiversity in mind currently takes place and the following methods are utilised:

• Retaining dead but stable, standing tree stems in selected areas to provide feeding posts for woodpeckers and other insectivores
• Allowing for the retention of felled trees in selected areas to provide a food source or habitat for fungi, insects, lichens, etc
• Creation of open areas within woodland to increase plant species diversity
• Varying management techniques such as coppicing, layering, stacking etc., all to create greater variety of habitats and promote diversity
• Experimenting with the planting of „exotic‟ tree species, e.g. Sequoia, Acacia, Cedar, etc., to improve the biological and genetic diversity of our tree stock and establish the specimen trees of the future

Improving biodiversity or the variety of life forms in our woodlands is an important factor in determining how healthy the environment is. Positive management of the environment can create or encourage habitat development that increases biodiversity and although this currently takes place it is dependent upon the actions of a small group of officers.

This policy provides an opportunity to standardise this practice and develop areas specific to biodiversity, in partnership with external organisations such as the Durham Biodiversity Partnership and we will be looking to strengthen ties with this group.

Schools and other organisations plant a great number of trees each year and volunteer and interest groups such as walkers are heavily involved in our countryside and woodland areas.

We want to maximise the benefits trees can bring but also deal with the problems they can cause. It is important that we understand what people think and feel about the trees and woodlands in the Borough and we focus our efforts on positive interaction with residents to try to improve their understanding of the benefits of trees and why we need to manage trees in a particular way.

Our tree talks and walkabouts are well attended and show the great interest and pleasure that many of our residents take in our landscape and their genuine wish to understand their green surroundings better. We also attend estate walkabouts and keep close links with the Community Area Forums and the Elected Members to help us keep informed of the views of the public regarding their tree related issues.

Tree issues are sometimes contentious and emotive so it is important that the Council is able to deal with issues fairly and effectively. The Council is often contacted by people who ask our advice or request work to be done to trees or sometimes request the removal of trees where problems arise. We need to protect our existing trees from unnecessary pruning and the removal of a healthy tree should always be viewed as a last resort with all other practical courses of action thoroughly exhausted first.

By ensuring that we approach all requests from residents for tree works in an objective and professional manner, residents will understand that they are being treated fairly and equally.

Part A – Problem management

1. Problem - the above ground parts of a tree; overhanging paths and roads, blocking views, TV/satellite reception, light, or simply the very existence of the tree being a source of irritation.

   How we will resolve the issue – our regular programme of pro-active pruning should reduce the impact of the crown and branches of the tree causing obstructions and shading. All pruning will be in accordance with current British Standards and Best Practice with an average pruning cycle of 5-7 years, although stem growth (epicormic shoots) may require annual pruning.

   Where TV reception is a problem we will ask the resident to move their equipment, we will not specifically prune trees for satellite/TV reception as this is impractical and could potentially involve great expense. Also no-one has a right to a view in law and unless it would be reasonable to do so, the Council would not under normal circumstances remove trees to improve an individuals‟ view.

   Should the request for removal or pruning be in an area where the tree or trees in question affect other residents, we will always endeavour to seek the majority view and where necessary include the residents‟ elected representatives, prior to undertaking any course of action.

2. Problem – the below ground parts of the tree; damage by roots or base of the tree to paths, walls and buildings.

   How we will resolve the issue – we will involve our structural or highway engineers in an investigation of the actual causes and take their advice regarding remedial action. Sometimes it will be reasonable to remove a particular root, however where this could lead to instability of the tree this would create an increased risk and therefore alternative actions would be required.

   Where a tree is a particularly valuable asset, it may be that the Council will pay for repairs to the damaged structure and retain the tree. In circumstances where such a repair is impossible without the removal of the tree in the view of the engineers, then the tree may be removed. Where a tree is removed under such circumstances, a replacement tree will be planted in a nearby location during the following planting season.

   Regarding claims involving alleged moisture depletion induced subsidence, evidence in the form of soil analysis, level and crack width monitoring and engineers‟ reports will be required as a standard and we will investigate each individual claim thoroughly to determine the validity of the claim and will report its findings to our insurers.

3. Problem – the tree is in the way of a proposed development, driveway or new access.

   How we will resolve the issue – we will take advice from our colleagues within other departments such as Planning and Highways and consider alternatives to the removal of the tree or trees. Where such refusal would be unreasonable and infringe the residents‟ reasonable enjoyment of their land, we would seek approval of the owning department to remove the tree.

   Where a tree is removed under such circumstances, a replacement tree will be planted in a nearby location during the following planting season.

4. Problem – tree is diseased, infested or severely damaged.

   How we will resolve the issue – we will inspect the tree and if we determine that the tree is an imminent risk to the public, the tree will either be pruned or removed whichever is appropriate to the risk.

   Where a pest, disease or disorder may affect other, nearby trees, an affected tree or trees may be removed even though there is a low public safety risk in order to safeguard the environment.

   Where a tree is removed under such circumstances, a replacement tree will be planted in a nearby location during the following planting season.

5. Problem – tree shedding parts; fruit such as berries and seeds, leaves, bark, twigs, honeydew from greenfly on cars, paths, etc.

   How we will resolve the issue – all trees shed small parts, flowers and fruit and twigs and leaves at various times of the year. Residents should expect this if they live near trees.

   Certain species of trees are hosts to pests such as greenfly and during the summer their presence can be a nuisance. Under exceptional circumstances where a problem is so severe as to be unreasonable, the tree may be pruned in order to reduce the problem, but only where there is a major infestation or acute problem causing a risk to the residents‟ health will the removal of the tree be considered.

   Where a tree is removed under such circumstances, a replacement tree will be planted in a nearby location during the following planting season.

6. Problem – Other than the above

   How we will resolve the issue – where there is a particular problem expressed by a resident regarding a particular tree or group of trees, we will inspect the tree and assess the situation in association with the relevant Council officers together with the residents‟ representatives where appropriate, in order for a reasoned and objective determination of the correct course of action to be followed.

   Where a tree is removed under such circumstances, a replacement tree will be planted in a nearby location during the following planting season.

Part B – Pro-active management

We are currently doing and will continue to:

• Pro-actively inspect trees within housing estates, highways, cemeteries and open spaces and produce management plans and work programmes, in order to reduce future problems occurring.
• Provide a public list of acceptable tree works contractors within an Approved Tree
• Works Contractors Scheme and update following regular assessment of the standard of work provided by the contractors.
• Provide impartial expert advice to members of the public and our colleagues in the Council on all tree related matters.
• Attend Estate Walkabouts, to determine patterns of problems experienced by residents.
• Record electronically all Tree Preservation Orders created throughout the year.
• Replace all individual trees felled in each year on a one-for one basis and record the exact location, species and subsequent condition of the replacement planting. Each tree will deem to be successfully established if in good condition five years after planting.
• Record electronically the removal of all trees throughout the year to determine patterns of particular problem areas or issues.
• Record electronically all moisture depletion induced subsidence claims involving Council owned trees.

FAQ 1: A tree or hedge is shading my garden: do I have a right to light?

A 'Right of light' could be shown only after proof of 20 years of uninterrupted light access prior to the offending tree blocking that light. A right of light right can only be enjoyed in relation to a specific opening (such as a window); it must therefore be associated with a building, even if only a greenhouse; and there can be thus no right to light in connection with open land, such as a garden. The right of light cannot be transferred with the property, therefore only the current householder can claim a right of light.

FAQ 2: I am a Council tenant and I would like some trees pruned in my garden. Who do I contact?

You must contact your local Housing Office where you need to complete a Tree Works Request form. The housing staff will complete one for you over the phone if required.

The Green Space Team processes the form and inspects the tree. The work required is categorised into High, Medium and Low priorities depending upon a range of issues such as whether the tree(s) are healthy, obstructing pathways or access to the house or the tree is diseased or is dead.

High work may be completed the same day or within five days depending upon the urgency. Medium and Low priorities will take considerably longer with Low priorities perhaps taking up to two years to complete.

The reasons for this are that there is a limited budget and obviously dead, diseased or imminently dangerous tree must be worked upon before those of a lower priority.

FAQ 3: Is there a law to stop people growing their trees to enormous size?

Yes, the Anti-Social Behaviour Act (2003) Part 8 High Hedges, was enabled in June 2005 and is now law. Part 8 defines high hedges as 'formed wholly or predominantly by a line of two or more evergreens, and rises to a height of more than two metres above ground level.'

The Act does not include single trees and is specifically designed for hedgerows of evergreen trees or large shrubs. Where a neighbours' hedge falls within the above designation you can apply to the Council to intervene on your behalf provided that you have made all reasonable efforts to resolve the situation with your neighbours first.

An information pack is available upon request, from the Green Space Team.

If the tree that you are concerned about is not within a hedgerow, or if it is not evergreen (loses its leaves each Autumn) then there is no law currently that determines its potential size and therefore there is no legal requirement on a tree owner to reduce the height of their tree.

FAQ 4: My property is covered in leaves from a tree that doesn't belong to me. What can I do?

The legal view is that once a leaf falls from a tree it belongs to no one as you cannot determine its flight path, due mainly to the vagaries of the wind and weather. The law also has determined that it is not unreasonable to expect you to clear up leaves, if you live in an area where there are trees.

FAQ 5: There is a tree in my garden that I do not like. Can I simply cut it down?

If the tree is in your garden then as a general rule you may do with it as you wish, however, there are certain exceptions. If your tree is protected by a "Tree Preservation Order", or is located within a designated "Conservation Area" or has other forms of restriction placed upon it you must seek written permission from the Council PRIOR to undertaking any work on the tree. The law is quite strict on this and ignorance of a protection order is not seen as a defence. Therefore you should always check with the Council's Green Space Team before you do anything. Telephone 424 7540.

You should ensure that whoever is undertaking the work; is suitably experienced, qualified and fully insured. A list of suitable firms can be provided upon request. Again you should contact the Green Space Team. Felling trees is a highly specialised and potentially very dangerous business and should always be carried out by competent professionals.

FAQ 6: Why does the Council not prune their trees more often?

Most trees do not take kindly to heavy pruning and the Council‟s Tree Policy follows the current British Standards for tree works and Best Practice.

Highway trees for instance are pruned on an average of five to seven years frequency. To prune more often can stress the trees and leave them susceptible to disease or can trigger off the growth of bushy shoots all over the stem and branches which will increase the trees density, shade area and possibly reduce visibility on roads.

Please see Operations Reference Manual

Please see Tree Protection Procedural Notes