Our Services Trees are a significant environmental control system

Architects, local authorities and planners

Surveys to BS 5837:2005 Trees in relation to construction – recommendations

Pre Design Consultancy

To include meeting and discussing advice on the constraints imposed by trees and the development potential of a site.

Design Consultancy

We can offer a formal study to comply with 1 APP verification requirements. This is a formal report detailing the trees on site, the impact of the proposals, the trees to be lost and the methods to be employed to protect the retained trees. A plan and schedule of all trees, their category and the location of the proposed development can be produced to show protection methods. All proposed tree protection methods will be detailed and presented as the Arboricultural Method Statement which will include the Tree Protection Plan.

Arboricultural Method Statement

Many Planning Consents are granted without any formal tree protection measures agreed and often rely on Planning Conditions which require an Arboricultural Method Statement to be produced. Our report will assess all the trees on the site, make recommendations, identify trees to be removed and detail protection methods to be employed for all retained trees.

Management of trees during construction

We provide advice on the management and implementation of the Arboricultural Method Statement.

Discharge of Planning Conditions

We provide services to assist in the management of Planning Conditions imposed in a Planning Permission to improve site operation where efficiency savings can be made by modifying or adapting imposed protection measures. This can then be detailed in a report and discussions with the Local Planning Authority undertaken.

Tree protection and legal issues

Tree Preservation Orders (TPO)

We offer advice on the management of trees with Tree Preservation Orders (TPOs) imposed. The obligation of a council or planning authority is to protect and enhance the environment. A TPO does not however prevent the management of trees to prevent or avoid the risk of harm or damage being caused. We can negotiate on behalf of a tree owner / manager with the LPA to ensure the satisfaction of tree ownership obligations.

Conservation Areas / National Parks

Conservation Area legislation enacted under the Town and Country Planning Act is intended to preserve and enhance the amenity and landscape value of an area. It is primarily concerned with buildings and structures, but encompasses trees with some exceptions. Trees with a Diameter at Breast Height (dbh) of less than 75 mm, hedges and fruit trees are excluded. Larger trees can present a nuisance or risk to land and tree owners or occupiers. I can advise on, submit and negotiate all necessary notices to ensure a successful outcome.

Legal issues

The ownership, management, care and preservation of trees is prescribed by both Statute and common law along with much Government Advice. Statute law does not require the tree owner to maintain completely safe trees but requires the owner and those responsible for them to “take reasonable care”. We can advise on these matters.

Statutes affecting tree responsibility include: the Occupiers liability Act 1957 and 1984; the Health and Safety at Work Act etc 1974; the Highways Act 1980 and Local Government (Miscellaneous Provisions) Act 1976; the Wildlife and Countryside Act 1981 as amended by the Countryside Rights of Way Act 2000 and the Habitat Regulations 1994; the Town and Country Planning Act 1990 and the Town and Country Planning (Trees) Regulations 1999.

Tree owners, managers and property management agents

Hazard Assessment and Risk Management

The law of negligence in common law and responsibilities under the Occupiers Liability Acts 1957 & 1984 require the owners of trees to take reasonable care to avoid acts or omissions that could reasonably be forseen to be likely to cause harm to persons or property. These responsibilities will be satisfied if trees have been inspected by a ‘competent person’.

We can survey and inspect your trees and provide comprehensive reports and advice which will fulfil the obligations of tree ownership and management.

Tree Surveys and Inspections

The owner of a tree/trees is not required to maintain perfectly healthy trees and indeed there is no such thing as a completely safe tree. However, there is a ‘Duty of Care’ owed to those who could reasonably have been contemplated to be affected by hazardous a tree. Under this Duty of Care, those responsible for trees must take reasonable care to avoid acts or omissions that could be reasonably forseen and would be likely to cause harm to persons or property.

A professional inspection will fulfil this Duty of Care and the report will aid future tree management, offering advice on inspection regimes and management recommendations.

Reports for Mortgage and Insurance Purposes

Often when taking out a mortgage the lender will ask for a report on the influence of any trees on the property to be assessed. Similarly, many insurance companies will require an Arboricultural report when a claim is made.

Woodland Management

We are able to offer professional advice on the management of woodland including valuation, marketing, management strategy and grant availability. Many grants are available from the Forestry Commission under the English Woodland Grant Scheme including grants of for planning, assessment, improvement, regeneration, management and creation of woodlands. We can advise on these and assist with applications.