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Tree Works Management Policy

Policies Governing the Management of Council Owned Trees

Introduction

These policies are intended as guidelines for determining whether or not requests for pruning or felling of Walsall Council managed trees should lead to action.

It is not possible to anticipate every situation and it is therefore important that whilst these policies guide decisions they should not be considered absolutely prescriptive. Furthermore, no one policy should be considered in isolation, but all relevant policies should be taken into account when reaching a decision.

As trees are individual living biological structures each case will be taken on its own merit and these policies should further be considered in the context of wider strategic aims relating to individual areas, local management plans and the Councils emerging Urban Forest Strategy.

As a general guideline trees will not be removed or be subjected to inappropriate Arboricultural management simply for the requirements of their biological function, please see the information contained in the section “Benefits of Trees” within the Urban Forest Strategy and by following the link on the right of this page.

Safety

Where there is a clear and foreseeable threat to the personal safety of residents or visitors, or to property, that is directly related to the condition of a tree, action will be taken to control that risk.

The Council is currently developing its Tree Risk Management Strategy and all decisions will be taken in accordance with the policies and priorities laid out there.

Risk that is an indirect consequence of a tree (eg slippery leaves on the pavement in autumn) will be dealt with through pruning only in unusual circumstances where other options are not available.

Unfounded or perceived fear of a tree or trees will not normally result in action to prune the tree.

Obstruction of the highway

The Council will seek to ensure that adequate clearance of the highway for the type of traffic using that highway is maintained at all times. Complaints about low branches over the highway will be considered and acted upon promptly.

Obstruction of street lights and road signs

The Council will endeavour to ensure that trees under their management do not obscure road signs or prevent street lamps from illuminating the highway.

The purpose of street lamps is to illuminate the public highway and where adequate illumination of the highway is present the Council will not normally take action to improve the levels of illumination of private property.

Daylight loss

Action will normally only be considered where the separation between the tree and the window of the nearest habitable room is less than 6m for trees with a height of over 12m, or less than half the height of the tree for smaller trees, or where the separation between the edge of the canopy and a vertical line through that window is less than 2m.

A ‘habitable room’ means a dining room, lounge, kitchen, study or bedroom but specifically excludes WCs, bathrooms, utility rooms, landings and hallways.

Where a situation falls within these guidelines cases will be prioritised according to proximity and account will also be taken of the orientation of the affected window. The results of any consultation exercise may modify decisions if it appears that any work would be by and large unpopular with the rest of the community.

Television and other radio equipment

There is no right to good reception and in many cases it is possible to resolve issues of poor reception involving trees by finding an engineering solution. Walsall Council will only consider requests to prune trees to improve reception where all the following conditions are true:

  • Efforts have been made to find an engineering solution to the problem and have not been successful.
  • The work required is consistent with good Arboricultural practice and will not unduly affect the amenity or health of the tree
  • The work required can be executed within current financial constraints (see below)

Leaves, seeds and fruit

Leaves and seeds are carried freely on the wind and are largely outside the control of Walsall Council. Clearing of leaves from gutters and pathways and weeding of set seeds are considered to be normal routine seasonal maintenance which property owners are expected to carry out.

Pruning will not normally be undertaken to attempt to reduce the fall of leaves, seeds or fruit.

Honeydew

As with leaves, honeydew is not readily controllable by pruning and cleaning of affected surfaces can be considered to be routine maintenance. Pruning will not normally be considered solely as a way of alleviating problems with honeydew.

Wildlife

As with leaves and honeydew, the actions of the trees associated wildlife, such as birds, squirrels and insects etc. is considered to be beyond the reasonable control of the Council. Pruning or other works will not normally be considered as a means of controlling such nuisance.

Subsidence

Tree related subsidence damage is a complex issue and each case will need to be considered on an individual basis.

Where damage has occurred the Council will require that adequate assessment and monitoring is undertaken to demonstrate that the tree is involved and that such evidence be submitted in support of any request for action. An evidentiary checklist can be found by following the link on the right of this page titled Claims Handling.

Requests for action based on an un-quantified possibility of damage occurring at an unspecified point in the future will not be considered unless there are other overriding reasons to take action.

Direct root damage

As with subsidence, cases of direct root damage will be considered on an individual basis. A balance will be struck between the nuisance experienced by individuals and the benefits offered by the tree to the wider community.

Drain blockage

Trees do not have the capacity to break into a sound drain, but they will ruthlessly exploit any existing fault. The removal of one tree will not prevent other vegetation from exploiting the same opportunity.

The Council’s presumption is that the appropriate way to deal with tree root blockage of drains is to ensure that the drains are watertight. Accordingly, the Council will not normally take action in response to complaints that Council managed trees are blocking drains.

Financial constraints

Walsall Council unfortunately does not have unlimited resources with which to manage it tree stock. The resource it does have has to be used holistically in keeping with its management policies and in some cases work simply cannot be justified on the grounds of priority. The Council does however realise that in many cases the problems of nuisance brought to it are of a real concern to the complainant, and in such cases certain works will be permitted to be undertaken at the complainants expense if they so which using approved Contractors only. Details of this scheme and an application form are contained on the downloadable page Tree Work Permit Application (PDF 340kb)

If you have an enquiry about this information or generally about trees please contact trees@walsall.gov.uk