TREE AND WOODLAND POLICY

2016 - 2021

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DOCUMENT PAGE

Introduction …………………………………………………………………………………..

Why a Policy Document …………….........................................……………….……….

Alignment with the council’s visions, aims, values & corporate priorities …………….

Some of the Benefits of Trees & their Importance in the Landscape …………………

Common Complaints & Tree Related Issues …………………………………………….

Right of Appeal ……………………………………………………………………..

Tree Resource Management ………………………………………………………………

Risk Management Strategy ………………………………………………………

Light Loss, TV & Satellite Reception Loss and General Nuisance Claims

Administration & Financial Management …………………………………………

Tree Work Standards ………………………………………………………………

Emergency Procedures for Dangerous Trees …………………………………..

Green Waste ………………………………………………………………………..

Amenity Trees ……………………………………………………………………………….

Trees in Residential Council Tenancy Housing Areas ………..................…….

Trees within Highway Verges …....………………………………………………..

Trees in Parks and Open Spaces ………………………………………………...

Trees in Cemeteries & Churchyards ……………………………………………..

Trees Located on Private Land ……………………………………………………

Tree Removal, Replacement, Planting, Establishment & Design ……………….…….

Removal of Trees …………………………………………………………………..

Tree Planting Strategy …….……………………………………………………….

Memorial Trees ……………………………………………………………………..

Reducing Levels of Tree Vandalism ……………………………………………..

Diversity of Species within Tree Planting Schemes …………………………….

Identifying Beneficial Areas with the District ……………………………….…….

Commuted Sums – Community Infrastructure Levy (CIL) ……………………..

Insurance Claims, Tree Damage & Tree Loss …………………………………………..

Tree Damage & Tree Loss ………………………………………………………...

Capital Asset Management for Amenity Trees (CAVAT) ……………………...

Tree Replacement Cost Values & Direct & Indirect Damage Claims …………

Trees subject to Tree Preservation Orders, contained within Conservation Areas

and the Protection of Important Hedgerows ………………………………..……………

Conservation of Protected Natural Resources …………………………….…….

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Protection of Important Hedgerows ………………………………………………

Trees and Development ……………………………………………………………………

Woodland Management ……………………………………………………………………

Trees and Wildlife …………………………………………………………………………..

Promoting Trees & Working With The Community ……………………………………...

Appendix 1: Risk Management Strategy …………………………………………………

Appendix 2: Tree Planting Strategy ……………………………………………………….

Appendix 3: Consultation List ...............................................................……………….

Appendix 4: Consultee Comments ....................................................................……..

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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

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1.0 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.

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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.

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

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The Arboricultural section also acts as a consultee to the local planning authority (LPA) on each planning application involving trees.

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

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2.0 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

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for 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 economy2. A sustainable environment3. Supporting our communities4. Excellent public services.

This policy document supports the council’s corporate priorities in the areas of:

• Priority 1 – A Strong Local Economyo A sustainable and diverse economyo A vibrant tourism offer

• Priority 3 – Supporting our Communitieso Our impact on the environment is minimised through reducing carbon emissions

and adapting to climate changeo Development needs are met while protecting our high quality environment

• Priority 4 – Excellent Public Serviceso Customer focused and provides excellent public serviceso Meets our customers’ needs and expectationso Continuously improveso 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.

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• 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,

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and 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

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control over. Examples are;

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• 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

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.

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6.6 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.

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7.0 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.

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Policy 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.

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Policy 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

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reduce 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:

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Policy 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

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Cabinet 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)

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• 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

10.6

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

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

10.8

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 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 andidentifiable threat are afforded relevant protection under Section

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201 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':

11.3

'….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'.

Of particular relevance is the Trees & Design Action Group (TDAG) 2014 publication, ‘Trees in Hard Landscapes – A Guide for Delivery’. Endorsed by Baroness Kramer

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(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 whereappropriate

Policy 48: Will, through application of the Harrogate District Landscape Character Assessment 2004, ensure that tree planting on

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development sites is adequate and appropriate by:

• Requiring that landscaping schemes submitted as part of aplanning 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 inaccordance with British Standards BS 8545:2014

• Requiring that any new trees which die within 5 years of thedevelopment being completed are replaced by the developerwithin 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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being important to our health and wellbeing and for its intrinsic value.

THE COUNCIL:

Policy 49: Will give consideration as priority to Plant Biosecurity measures to ensure that trees are sourced from reputable suppliers and that uncontaminated materials are not introduced in to any of it woodland sites.

Policy 50: Will aim to preserve and enhance woodland trees that are native and/or indigenous to the local area within each woodland site.

Policy 51: Will, where possible, encourage natural regeneration in woodlands and where possible, and subject to its Risk Management Strategy, will retain dead trees in woodlands preferring to prune rather than fell, or to habitat stack piles if appropriate.

Policy 52: Will liaise with the Woodland Trust and the Forestry Commission about felling licenses and woodland management requirements.

Policy 53: Will actively encourage volunteer groups, community groups, local business and industry, organisations and the general public to assist in woodland planting schemes, monitoring programmes, woodland management works and the participation with public events in any of our woodland sites.

Policy 54: Will seek to expand and look for opportunities to create new woodlands in line with the landscape character and in accordance with the Harrogate District Landscape Character Assessment 2004.

Policy 55: Will, subject to available resources, endeavour to produce woodland management plans for all its woodland sites.

Policy 56: Will seek the advice of Natural England where protected species may be affected.

Policy 57: Will actively encourage public access into our woodlands where footpaths or public right of way exist.

Policy 58: Will continue to look to source appropriate external funding and available grant schemes to ensure the continued management of its woodland sites.

13.0 TREES & WILDLIFE

13.1 There are a number of species associated with the trees that the council is responsible for managing that are protected under the associated European Protected Species (EPS) legislation. For example, the Countryside & Rights of Way Act (1981) states that all trees, which are to be felled or worked upon, must be inspected prior to those works commencing to ensure that bat roosts are not present or potentially impacted upon by those works. A bat roost is interpreted as ‘any structure or place, which is used for shelter or protection’, whether or not bats are present at the time. If proposed work is likely to destroy or disturb bats or their roosts, Natural England or the appropriate Bat Conservation Group must be notified and allowed a reasonable time to advise on the appropriate course of action.

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13.2 More generally, trees should be inspected for bird nests. It is an offence under Section 1 of the Wildlife and Countryside Act of 1981 to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built. Trees should be inspected for bird’s nests all year round.

THE COUNCIL:

Policy 59: Will adhere to the requirements of the Wildlife and Countryside Act (1981) in relation to the protection of wildlife during all of its tree related activities.

Policy 60: Will, where appropriate, plant tree species which are native and of local provenance and which encourage wildlife into the environment.

Policy 61: Will, wherever possible, retain trees, or their parts, for habitat and ecological benefit.

Policy 62: Will, where necessary, seek advice from Natural England when works are required on trees identified to be supporting European Protected Species.

Policy 63: Will seek, where possible and appropriate, to install habitat boxes in its own trees, and will endeavour to encourage the local community and community groups to become actively involved in that process.

14.0 PROMOTING TREES & WORKING WITH THE COMMUNITY

14.1

14.2

Our everyday contacts with each other shape both our sense of community as well as providing concrete benefits (DCLG, 2008). To help support this the council has agreed its own Corporate Plan to assist groups in helping to build relationships between the group, local schools, businesses, other volunteer organisations, the general public and itself. Corporate Priority 3 supports this at:

• Customer focused and provides excellent public services• Meets our customers’ needs and expectations

In addition, the council has a Community Engagement, Consultation and Empowerment Strategy (2012), which sets out 10 key principles of successful engagement and empowerment.

14.3 The council has developed its own arboricultural web-pages, where all relevant data and information is stored and available to be viewed by any persons accessing the site. The current arboricultural web-link is:

http://www.harrogate.gov.uk/pos/Pages/Arboriculture(TreesandWoodlands).aspx

THE COUNCIL:

Policy 64: Will raise awareness of tree issues where possible and appropriate and continue to develop its web-pages and any other systems that may make such information exchange easier and beneficial to other council departments and the general public.

Policy 65: Will consult local residents on proposed large scale tree works, where it is practical to do so, allowing time for the comments to be received and take all comments received into consideration whilst considering the Risk Management Strategy.

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Policy 66: Will provide support where possible to community initiatives, i.e. Tree Warden schemes and conservation/community/volunteer/friends of groups, that promote the planting and care of trees within the district.

Policy 67: Will encourage the local community to become more active in such tree planting schemes (e.g. open days, engaging with schools, public events, etc.) and where necessary and appropriate will seek their input and involvement into applying for relevant grants or funding from available sources.