TREE HEALTH AND TREE RISK MANAGEMENT WORKSHOP A balancing of misconceptions and reality of the management of tree related risks Thursday 31 January 2019 The Earth Trust, Oxfordshire
WELCOME Robin Edwards Regional Director, CLA South East
INTRODUCTIONS Nick John Victoria Bolton Lockhart Sherbourne Director Chairman Marketing Executive
LOCKHART GARRATT LTD Environmental Planning & Forestry Consultants • Established in 1998 • Fully serviced offices in Northamptonshire and Oxfordshire • Background of Trees, Woodlands, Forestry and Environmental Land Management advice • Expansion into Planning and Development areas • Team of 35 across five key service areas • Professional, Independent, Specialist Consultancy • Vision focused on quality and growth “To see land used in a sustainable way making responsible use of available natural resources”
Lockhart Garratt Ltd Environmental Planning & Forestry Consultants Celebrating 20 Years Soils Survey & Arboriculture Ecology Forestry & Landscape & Minerals & Advice Woodland Green Waste Focusing on the Ecological solutions Management Infrastructure Restoration management and to support the Surveying soil maintenance of planning process resource to inform Managing over Land management, Informed trees and planning planning 8,000 ha of landscape delivery landscape, applications applications, and woodland from and green restoration and creation to infrastructure environmental final land use for harvesting support management restoration design. services
BACKGROUND • Why hold these workshops? • Intentions for the day • Why are you here? What would you like to get out of the day? • What issues have you encountered? • Good experiences? • Bad experiences?
ROLE IN THE SECTOR John Lockhart • Representation of Royal Institution of Chartered Surveyors (RICS) on the National Tree Safety Group (NTSG) - 2007 to Present • Representation of RICS and NTSG on Defra Ash Dieback Health and Safety Task Force - 2016 to Present Nick Bolton • Chairman, Consultants Working Group – Arboricultural Association - 2014 to Present • Vice Chairman, Professional Committee – Arboricultural Association - 2013 to Present
PROGRAMME Timing Session Lead 10.00 Introduction and CLA briefing CLA 10.15 Introduction to LG and Purpose and Scope of Workshop JAL 10.30 Tree Risk Management and Tree Health NB Strategy Implementation and Management including other issues: NTSG/Ash Dieback 11.00 NB/JAL Task Force/Contractor management/Road Closures/replanting 11.30 Q/A Woodland and Forestry Update: Natural Capital/Markets/Woodland Carbon/Woodland 11.50 JAL Creation 12.15 Q/A 12.30 Lunch 1.30 Site visit: input from external speaker – Chris Parker NB 2.30 Discussion ALL 2.50 Round up and take away messages JAL
Myth busting • TREE RISK Tree Risk • MANAGEMENT What the law requires • What HSE expects • AND TREE HEALTH Best Practice Guidance • Managing Tree Risk • Nick Bolton Hazard Identification • Common Pests & Diseases •
MYTH BUSTING • “My insurer says I have to inspect all my trees” • “My insurer won’t p ay out if I don’t undertake inspections” • “HSE says I have to inspect my trees every year” • “It’s my land and I can choose to do or not do whatever I want” • “I have ash dieback so I have to fell every ash tree” • “Trees in tenanted properties are not my concern” • “The local council will pay for ash trees dying on the roadside”
WHAT THE LAW REQUIRES Statute • Occupier’s Liability Acts 1957 and 1984 Occupiers have a common duty of care to take all reasonably practicable precautions to ensure the safety of those on their land. Breaches of this duty could lead to a civil suit for damages. • Health and Safety at Work Act 1974 Statutory duties and related regulations to do all that is reasonably practicable to ensure that people are not exposed to risks to their health and safety.
WHAT ARE COURTS CONSIDERING? Case Law • Bowen v The National Trust (2007) A land owner must have in place a reasonable system for assessing and managing tree related risk. • Micklewright v Surrey County Council (2010) There is no law that requires a land owner to make his/her land completely safe.
WHAT ARE COURTS CONSIDERING? Legal Requirement – Case Law • Poll v Bartholomew (2006) The person undertaking tree hazard inspections have the correct training and competence to do so. • Stagecoach v Hind & Steel (2014) A landowner has a duty to undertake regular informal inspections of trees on his/her land, but is only required to act where a danger is apparent upon inspection.
RECENT DEVELOPMENTS Updates – Case Law • Witley vs Cavangh (2018) Estates must have an inspection regime that gives due consideration to the age and size of trees, relative to potential targets
WHAT HSE EXPECTS Health & Safety Executive • Reducing Risk, Protecting People – HSE’s Decision-making Process Tolerability of Risk Framework – Defines everyday risk into three regions – Unacceptable, Tolerable and Broadly acceptable. The risk from trees falls into the broadly acceptable region • SIM 01-2007/05 - Management of the risk from falling trees Outlines the HSE guidance on the standard of risk management of trees, including risk assessment and routine checks by competent persons. It recommends that landowners should have in place a system to control risk from trees to employees, contractors and members of the public
BEST PRACTICE GUIDANCE National Tree Safety Group The Guidance Document is based on 5 basic principles 1. Trees provide a wide variety of benefits to society 2. Trees are living organisms and naturally lose branches or fall 3. The risk to human safety is extremely low 4. Tree owners have a legal duty of care 5. Tree owners should take a balanced and proportionate approach to tree safety management http://ntsgroup.org.uk/
BEST PRACTICE GUIDANCE Department of Transport Code of Practice 2005 • Principally prepared to provide guidance to regional highways authorities. • Section 154 of the Highways Act 1980 empowers the authority to deal with trees, hedges etc that overhang the highway and recover costs. • Recommends inspection frequency is appropriate to the individual tree, but suggests not less that every 5 years • General principle is the preservation of trees where possible and appropriate
BEST PRACTICE GUIDANCE Forestry Commission Practice Guide Hazards From Trees (2000)
INSURANCE – MISCONCEPTIONS AND MYTH • The Purpose of Insurance (a laymans perspective) • Public Liability • Negligence • Recklessness • What does your insurer need you to do?
HAZARDS ON TREES
EXAMPLES OF HAZARD TREES
EXAMPLES OF HAZARD TREES
EXAMPLES OF HAZARD TREES
COMMON PESTS & DISEASES Polyporus squamosus (Sycamore, willow, poplar) – Dryad’s saddle Meripilus giganteus (Beech) Inonotus hispidus (Ash) Honey Fungus (Various broadleaf)
COMMON PESTS & DISEASES Ash Dieback • Spread now across UK • Defra Health & Safety Group Taskforce • National Tree Safety Group • Forestry Commission Management Guidance http://www.forestry.gov.uk/ashdieback • Be pro-active!
COMMON PESTS & DISEASES Other Threats Pseudomonas Bleeding Canker (Horse Chestnut) Widespread across the UK and no immediate curative available • Kretzchmaria deusta (Beech) Increasingly common across the UK • Phytophthora ramorum (P. ramorum) now potentially moving into secondary species e.g. sweet chestnut • Acute Oak Decline some signs of recovery • Oak Processionary Moth Impact on human health • Xylella fastidiosa Multiplex now recorded in France and Germany • Wide range of potential hosts •
First steps and approach • STRATEGY Technical Expertise & Contractor • Appointment IMPLEMENTATION Felling Consent / TPO & • Conservation Areas Contract implementation and • & MANAGEMENT Health and Safety Case study : Examples • John Lockhart & Nick Bolton National Tree Safety Group: • guidance revision and updating Ash Dieback Health and Safety Task • Force Local Authority policy and planning •
FIRST STEPS & APPROACH • Understanding what is required to manage tree related risk • Tree Risk Management Policies • Tree Risk Surveys vs Tree Risk Management Policies
TREE RISK MANAGEMENT Policy and Management Objectives 1. Prioritise work through identification of Priority Inspection Zones (PIZs) 2. Ensure an inspection regime commensurate with the PIZ Frequency of inspection / timings (seasons) • Detail of inspection • Informal • Formal • Detailed / advanced inspections • 3. Make trees safe, following the ALARP (As Low As Reasonably Practical Principle) 4. Implement a robust Tree Risk Management System (TRMS) to combine and coordinate the first three objectives
TREE RISK Priority Inspection Zones
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