Agenda item

Report ES16015

Members considered the L B Bromley Tree Strategy for the next four years setting out responsibilities for tree owners (public and private), benefits of trees to the borough, and best arboriculture practice. Prepared in response to National, Regional and Local policy frameworks, the Strategy also considers the benefits of maintaining trees, reviews the existing Policy framework and examines the Borough context including ownership of Bromley’s trees.

The Strategy would be monitored by completing actions and achieving performance measures, the Council’s Trees and Woodland Team reporting annually on key performance indicators and any notable issues.

Of the £750k approved by Council on 22nd February 2016 for Member initiatives, Report ES16015proposed that £250k be delegated to the Executive Director, Environment and Community Services for additional tree maintenance, new tree planting, and enhancing woodland.

In discussion a number of points were raised.

Clarification was sought on whether trees within the grounds of academy schools should be treated as trees on private land and where appropriate protected through Tree Preservation Orders (TPOs). The Chairman suggested having a clearer definition of a safe tree with respect to storm severity (e.g. a 1 in 30 year storm event) as it would highlight to residents that trees would always be susceptible to damage if the weather was sufficiently severe. In regard to pruning and safety surveys it was highlighted that trees would be re-inspected following a storm. A definition of a low risk tree and criteria could also be provided in the Strategy.

A brief summary was also provided on the position with Ash Dieback in the borough. The position was anticipated to get worse before any improvement. According to the Forestry Commission, the problem was particularly prevalent in the east of the borough including the St Mary Cray area. The Forestry Commission would deliver a new round of treatment and can provide further information.

If approved, it would be necessary for the Planning Department to comply with the Strategy. 

Surveying TPOs and reviewing and updating them for electronic recording could take several years to implement. Interested parties would know before TPOs are revoked and Ward Members would be amongst interested parties to be informed. New TPO criteria would be would be reported to Members, the criteria for trees worthy of protection having not previously changed.

A Member suggested that TPOs need to be (consistently) enforced. It seemed too easy for developers and residents to remove a tree and plant another in an alternative location; a monetary sanction was necessary, not simply a new tree planting. Although some money could be obtained through the Capital Asset value scheme for trees which needed to go to Planning, compensation was sometimes not possible with planting a few saplings. The Chairman suggested a recommendation to the Portfolio Holder encouraging Planning to enforce TPO defaults. 

It was intended to seek a meeting with Government sources to lobby for a change in legislation so that the onus would be on a resident/developer to prove that a tree had not been removed wilfully. It was suggested that rare trees should be automatically protected by a TPO. The Chairman suggested including a new recommendation to reflect this with the Portfolio Holder writing to Government for increased powers to enable the Council to protect trees in the borough. 

RESOLVED that the Portfolio Holder be recommended to:

(1)  adopt the Arboriculture Strategy and Policies outlined therein and in Report ES16015;

(2)  delegate authority to the Executive Director for Environment and Community Services, in consultation with the Portfolio Holder for the Environment, to draw-down the £250k earmarked reserve as required for enhancing the environment through maintenance of trees and the replacement of those that have been lost;

(3)  encourage the Planning Department to enforce TPO defaults; and

(4)  support a meeting with Government sources to lobby for a change to legislation so that the onus lay with the resident/developer to prove that a tree has not been taken down wilfully and that rare trees are automatically protected by a TPO with representations made to Government for increased powers enabling the Council to provide greater protection for trees in the borough.