Tree Surgery
This information has been produced
by Crewe and Nantwich Borough Council Direct Services to help
residents of the Borough understand how to look after trees on
their land. It covers the main points of legal obligations, and
what to look for when giving your trees an initial check.
Remember- this is not a Do It
Yourself Guide to Tree Surgery. If you are concerned or uncertain
about the state of a tree, you should contact a qualified tree
specialist immediately.
At Direct Services, trained
professional staff are available to help you with your queries or
to quote at reasonable rates for remedial work to trees. Contact
details can be found at the end of this document.
TREE OWNERSHIP: LEGAL
CONSIDERATIONS, LIABILITY & INSURANCE
In the UK, the occupier of a site
has a duty of care to take reasonable steps to prevent or minimise
the risk of personal injury or damage to property arising
from:-
- the presence of any tree on the site, or
- from it's breakage or uprooting.
This duty is defined in Law, in
particular by the Occupier's Liability Act (1957 and 1984) [207,
208] in the case of England and Wales. The earlier Act concerns the
duty of care which occupiers have towards their visitors, while the
later Act concerns their duty to other persons.
How to Avoid Liability
1.TREE INSPECTIONS
The law says you should inspect
trees on your land at least once a year. You should also inspect
them immediately if you think trees are dangerous (e.g. after a
storm).
The purpose of inspections is to
determine whether a tree could forseeably cause harm by virtue of
its size and physical condition.
Signs that may help to recognise hazardous trees
include:
- Fungal fruiting bodies at the tree base or on the tree stem may
indicate decay.
- Soil cracks and heaving ground at the tree base.
- Abrupt bends resulting from past pruning may indicate a
weakness.
- Tight or weak 'V' shaped forks.
- Broken branches.
- Cankers causing weakness.
- Loose bark.
- Damaged roots.
- Basal/stem/branch cavities will probably indicate decay.
- Crown dieback.
- Foliage small, sparse or pale.
- Tree leaf cover flushes late, or early leaf fall.
The Courts recognise that generally
people do not have the expertise to look at symptoms and decide
that a tree may be unsafe. It is therefore accepted that the
occupier's duty of care to inspect trees can be fulfilled by
employing a specialist to do this work. For insurance purposes
written records of all such advice, or action taken on trees should
be retained.
2. REMEDIAL WORKS
As long as you take reasonable steps to inspect trees and to carry
out appropriate remedial action, if an accident does occur you will
have a basis for demonstrating that you have not failed in your
duty of care.
Before carrying out any work on
trees it is advisable to check with the Local Planning Authority to
ensure that the trees are not subject to a Tree Preservation Order
(T.P.O) or within a Conservation Area. This would prevent any work
on trees without the written consent from the Local Planning
Authority.
Under UK law, an occupier who fails
to carry out remedial works to prevent a risk of harm to people or
property can be empowered to carry out the work either through a
Court Injunction or through a notice served on the occupier by the
Local Authority under the Local Government (Miscellaneous
Provisions) Act or Highways Act.
3.INSURANCE
Tree owners should ensure that their insurance policy specifically
covers them against claims on persons or property arising from
trees. Tree owners should also check with their insurers to ensure
that they have adequate insurance that is appropriate to their
trees, land and its use.
4.FURTHER INFORMATION
The Council's Direct Services
Division can provide a tree inspection service through its Grounds
Maintenance Section. To find out more fill in
this form
or contact:
Charlie Griffies (Grounds Maintenance Supervisor)
Crewe and Nantwich Borough Council
Direct Services Division
Pyms Lane
Crewe CW1 3PJ
Tel: (01270) 537244
Email:
grounds.maintenance@crewe-nantwich.gov.uk
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