Tree management and care policy

1.0 Introduction and purpose

North Northamptonshire Council (‘the council’), as a major landowner and the local Highway Authority for North Northamptonshire is responsible for the care and management of trees on its land, on the public highway and for ensuring the safety of its residents.

The purpose of this policy is to recognise the tree resource under the responsibility of the council and identify a standard for its management which ensures its long-term conservation and development for the residents of North Northamptonshire and future generations.

The policy aims to:

• Reduce risk to the public from potential hazards
• Specify the council’s policy on levels and standards of tree care
• Ensure efficient use of resources
• Increase public awareness of the value of trees within the environment

2.0 Policy principles

Overall Management Principles

1. The council aims to increase the tree population/canopy cover across North Northamptonshire. The tree stock will be expanded with new tree planting where appropriate and practicable.

2. In Line with the Tree planting strategy the council recognises the importance of promoting tree species diversity as this is crucial for the health and resilience of its ecosystems. This diversity ensures that tree stock can better withstand pests, diseases, and the impacts of climate change. It also enhances biodiversity, providing habitats for a wide array of wildlife and maintaining ecological balance.

3. The council will provide and promote the highest standards of tree care and management, adhering to the following:

• British Standard 3998: 2010 Tree Work - recommendations
• European Tree Pruning Standard 2021
• British Standard 5837: 2012 Trees in relation to design, demolition & construction - Recommendations
• British Standard 8545: 2014 Trees - from nursery to independence in the landscape - Recommendations
• ISO31000 (2018) - Risk Management guidelines
• HSE SIM - Management of the Risk from falling trees 2007
• National Tree Safety Group -Common sense risk management of trees
• National Joint Utility Group Publication 4 - Guidance for the planning, installation and maintenance of utility apparatus in proximity to trees (2008)
• Government Circular ROADS no. 52/75
• Well Managed Highway Infrastructure (October 2016) - A code of Practice
• Tree Species Selection for Green Infrastructure: A guide for Specifiers 2018
• Technical Publications produced by professional bodies such as the Arboricultural Association, International Society of Arboriculture, Institute of Chartered Foresters, European Arboricultural council, Trees & Design Action Group

The council will seek to engage with residents in relation to tree related issues, including community planting projects and increasing public education around trees through regular information updates on the website and other channels of communication.

4. The council will resist the unnecessary removal of trees unless there are justifiable arboricultural, planning or legal reasons.

North Northamptonshire Council accepts responsibility for the maintenance of existing trees within the highway where the owner is unknown. The authority will also maintain any trees and shrubs planted as part of a highway landscaping scheme. The responsibility for any other new planting, other than for a highway landscaping scheme promoted by North Northamptonshire Council will not form part of the council’s management plan.

3.0 Scope

Trees are important features of both our countryside and urban areas. They make an enormous contribution to the character, beauty and heritage of landscapes and townscapes, and are a cornerstone of providing biodiversity. Trees store carbon in their biomass and soils, and the timber they produce. Trees create shade which can reduce urban heating, intercept airborne pollutants and help regulate the flow of water through catchments, reducing flooding and the pollution of watercourses. The ecosystem services trees provide, make them an important part of our natural capital and contribute to the resilience of the landscape to climate change.

The management of the Authorities tree stock can further support other key priorities such as the Local Nature Recovery Strategy, Biodiversity Net Gain, climate resilience and carbon sequestration targets.

The council also recognises that trees can sometimes cause problems, ranging from minor nuisance or inconvenience to more serious risk of harm to people and property. The council has a legal duty of care to manage the risk from our trees. That duty requires that the council should be reasonable, proportionate, and reasonably practicable when managing the risk. There is a balance needed to strike between the many benefits trees provide, with the risk and the costs of managing that risk.

This policy sets out the council’s approach to tree management. The council aims to inspect and manage trees in a manner which allows us to fulfil our duty of care and other legal responsibilities. The aim is to provide a high quality of tree care in line with arboricultural best practices, to maintain and expand our tree resource.

The council receives many enquiries and requests for works to trees from customers. We aim to deal with those requests in a manner which is fair and consistent and reflects the council’s priorities for managing its finite resources.

We have legal powers and duties as a Local Authority to deal with other trees affecting public safety and to protect trees on private land when it is in the public interest to do so. We aim to fulfil those duties and exercise those powers in a fair and consistent manner. We aim to stay up to date with the latest policies and guidance relating to trees and developments in arboricultural best practice and to share and promote that knowledge with other parties.

4.0 The policy

4.1.1 Tree Risk Management

Trees by their nature are dynamic living systems. They have evolved to cope with losing limbs, breaking apart and being wounded and they grow adaptively in response to the environment around them. Trees and woodlands can make a significant contribution to quality of life, the local economy and the environment. However, where trees and people co-exist, there is a need to ensure that a tree’s natural processes do not pose a risk to the people and property around them.

Owners of trees have a legal duty of care and are obliged to take all reasonable care to ensure that any foreseeable hazards can be identified and made safe. Although it is not possible to completely eliminate the risk of a tree failing, there are sometimes indications that a tree may be in decline, have structural faults or be suffering from decay or pests and diseases.

The safe and appropriate management of its trees is important to ensure that a balance is maintained between public safety and sustaining a healthy tree population with the benefits it provides.

All trees on council land will be managed proactively through routine inspections at a frequency proportionate to the risk that they pose to identify potential hazards and to specify and prioritise any tree maintenance work required to keep any risk of harm or damage as low as reasonably practicable.

4.1.2 National guidance

Common Sense Risk Management of Trees published by the National Tree Safety Group (NTSG) is the nationally recognised approach to tree risk management. It sets out the basic principles for managing tree risk in the public interest. It can be downloaded from the NTSG website.

The aim of the NTSG is to develop a nationally recognised approach to tree safety management and to provide guidance that is proportionate to the actual risks from trees. Its national guidance document entitled Common Sense Risk Management of Trees was released in December 2011 and updated in 2024.

The NTSG guidance is underpinned by 5 key principals:

• Trees provide a wide variety of benefits to society
• Trees are living organisms that naturally lose branches or fail
• The overall risk to human safety is extremely low
• Tree owners have a legal duty of care
• Tree owners should take a balanced and proportionate approach to tree safety management

The NTSG's guidance states that tree owners should take a balanced and proportionate approach to tree management that forms the basis of a tree safety strategy which covers three essential aspects:

• Zoning: appreciating tree stock in relation to people or property
• Tree inspection: assessing obvious tree defects
• Managing risk at an acceptable level: identifying, prioritising and undertaking safety work according to level of risk

The NTSG's guidance requires that areas of land are defined according to levels of use, prioritising the most used areas. High use zones are areas used by many people every day, such as busy roads, other well-used routes, car parks and children's playgrounds, or where property many be affected. Trees in areas of high public use require an inspection regime. Trees in areas with low public use require less frequent inspection.

An approach to risk assessment that seeks absolute safety or the removal of all hazards or eradication of all risk will result in the loss of the benefits associated with trees. However, by assessing and controlling risks from tree hazards, The council will fulfil its responsibility for the safety of people and meet its requirements under the law.

4.1.3 Tree survey and inspection

In regard to trees that are council owned the policy intends that:

• An overall assessment is made to identify high, medium and low use tree zones
• A system of tree inspections is in operation in relation to risk
• A record of trees and inspections is retained
• Systems and processes are identified that control and mitigate risks as identified from inspections
• Competent officers are employed to carry out inspections

4.1.4 Hazards

Like all living organisms, trees are subject to physiological and structural decline whether by natural aging (senescence), and through infection by decay causing pathogenic organisms or pests. As a tree deteriorates or becomes diseased it is increasingly likely to shed limbs or fall in strong winds and therefore constitute a hazard with potential to cause harm to people and property. Trees are also sometimes subject to abiotic damage caused by vandalism, road traffic accidents and authorised or unauthorised development works which can directly cause or accelerate deterioration resulting in hazards forming.

4.1.5 Risk

Tree Risk is related to the location of the tree and reflects the intensity of use by people of the immediate surroundings and the proximity to property. Although a tree may constitute a hazard it will only become a significant risk if a person, or property (the target) is within falling distance of the tree (target area). The levels of risk therefore vary on a site which can be reflected by mapping target zones.

4.1.6 Target Assessment

A target assessment classifies the level and type of use of a site as well as identifying possible targets and assessing the benefits the tree may provide.

It evaluates the nature of the targets in order to predict their frequency of presence within the target area and the extent of potential harm. For example, particular care is taken where a tree is close to the highway, residential properties, and public utilities. Vulnerability to impact is also a factor where moving vehicles require special consideration, because in addition to being hit by falling trees and limbs, they may hit fallen parts or other vehicles in taking avoiding action.

4.1.7 Zoning

All land under the responsibility of North Northamptonshire council will be zoned according to its use and risk posed by the tree stock within those zones. Three distinctions will be identified: high, medium and low.

Some sites, particularly large areas, will be attributed to more than one zone to reflect different levels of land use across the site. Where practical a site will be allocated a specific overall risk zone. Individual trees within a zone may require additional inspection due to the higher risks posed.

Zones will be continually reviewed to ensure they reflect the current situation on the ground and will be updated as site usage or situation change

High - Inspected formally every 3 years. Inspected reactively in response to enquiries/ passive assessment. Subject to informal observation during normal council activities:

• Main roads (as defined within the Network Management Plan)
• High use footpaths
• Residential areas
• Schools
• Play areas
• High use areas in parks and open spaces
• Car parks
• Town centres
• Adjacent to railways

Medium - Inspected formally every 5 years. Inspected reactively in response to enquiries/ passive assessment. Subject to informal observation during normal council activities:

• Minor roads (as defined within the Network Management Plan)
• Parks and open spaces with regular use
• Country parks
• Woodland areas with high use
• Regularly used paths
• council depots/work premises
• Industrial areas/commercial premises
• Housing amenity land
• Crematorium
• Cemeteries

Low - A formal walk through or drive by overview inspection every 5 years around site perimeters and access routes. Trees to be assessed individually if overview inspection identifies an obvious hazard. Subject to informal observation during normal council activities:

• Low use footpaths
• Low use open space
• Churchyards
• Allotments
• Low use woodland areas

4.1.8 Inspection frequency

Tree inspection frequency varies by risk with the goal of identifying and addressing issues to ensure safety. Key factors influencing the schedule include the tree's location, size, age, health, and the potential for harm from falling branches or the entire tree.

Urgent inspection - emergency response where there is a level of risk to the public. This is usually carried out on the same day where resources permit.

Annual inspection - usually results from tree inspection where a non-immediate risk may develop over time to a higher level of risk.

3-year inspection - cyclic programme of active inspection for trees situated in High zone.

5-year inspection - cyclic programme of active inspection for trees situated in medium and low zones.

4.2.1 Types of inspection

4.2.2 Passive assessment

Passive Assessment is a process involving the observation of trees and the reporting of a tree where there is a safety concern. Many trees with a risk that's not acceptable or not tolerable are most likely to be picked up by passive assessment long before active assessment.

The public and people we employ in our organisation pass thousands of trees that we manage every week. All these trees are being passively assessed, day in day out.

Any obvious risk features identified during normal daily activities, in any location, can be reported to the council for further assessment and action as required. Trees picked up by passive assessment will be logged and those that need a closer look will be put through the active assessment process.

Members of the public can report any trees that have any obvious risk features.

4.2.3 Active assessment

Level 1 - Routine tree inspection

A basic visual tree inspection from ground level to identify obvious defects or specified conditions and identify any necessary tree management works.

This is the fastest and least thorough form of inspection intended for managing large populations of trees carried out as either a walk-over or drive-by inspection. These inspections can be carried out by competent individuals with general tree knowledge.

Trees that appear to exhibit signs of higher risk will be recommended for an individual tree risk inspection

Level 2 - Individual Tree Risk Inspection

A thorough ground-based inspection using the Visual Tree Assessment (VTA) process, which is recognised professionally and by the courts in the UK. The use of simple tools (mallet, binoculars, probes, spades) may be required. The VTA will include assessment of physiological heath and structural condition.

Only limited information may be gained on specific internal, below ground or upper crown factors but, for the majority of tree assessments, provides adequate information to guide tree management.

Only staff qualified to Level 2 and above in Arboriculture or as approved by the Arboricultural Development Manager may carry out full asset formal cyclical inspections.

Level 3 - Detailed Tree inspection

Performed to provide detailed information about specific tree parts, defects, targets or site conditions. These assessments are generally more time intensive and expensive and specialised equipment is often required for advanced assessment. As a result, detailed tree inspections are normally only performed on trees that have particularly special value (i.e. a high amenity, landscape, ecological, cultural or heritage value) and with the approval of the client.

Only staff qualified to level 4 or above may carry out further advanced inspections/surveys and will report the requirements for advanced inspections to the Arboricultural Development Manager. Where appropriate this inspection may be carried out by an independent Arboricultural Consultant.

4.2.4 Surveying information

The councils tree inspection procedures will take into account the following criteria:

• Location - the location of the tree in relation to targets indicates the risk
• Species - some tree species are more prone to developing physiological defects
• Age class of the tree - a tree is more likely to develop structural defects during the later stages of life expectancy
• Condition - Trees should be inspected more regularly if structural defects or decline in health have been noted which increase the risk
• Work requirements and priority - should be identified as part of routine surveying
• Estimated Tree measurements such as tree height, crown spread, and stem diameter can indicate the size of the tree and therefore the level of risk it may pose

4.2.5 Priorities of tree work/risk management

Maintenance work that is recommend through tree inspection is prioritised on a risk basis and added to the council tree work programme. An assessment is also made of all other incoming enquiries relating to trees before appropriate maintenance work is specified. Assessments take into account factors such as tree safety implications, risk of potential claims relating to actionable nuisance, proposed remedial work, the effects of any proposals on long term tree health, the nature of the enquiry and the most efficient and cost-effective courses of action. To ensure that current resources are utilised most effectively and work programmes are effectively targeted, the different types of tree enquiry are prioritised in accordance with the following criteria.

Urgent - Matters of safety where there is an imminent, significant danger to the public and property. Work is usually undertaken immediately or as soon as reasonably practicable.

Examples include:

• trees that pose an immediate threat to safety
• trees that have fallen across the highway or footpath
• root plate movement indicating insecure roothold
• large hung-up tree limbs
• partially hung-up trees
• storm damage
• splitting or fractures in trunk

High priority - Remedial and preventative work which removes potential high-risk hazards to reduce or remove the risk a tree may pose in the near future. Work is usually programmed for completion within 3 months.

Examples include:

• trees obscuring traffic signals or road signs
• trees obscuring visibility at junctions
• trees causing an obstruction to the highway or footpath
• hung up minor branches
• splitting or fractures in major limbs
• clearance of storm damage

Medium priority - A planned and cost-effective response is required to trees that may pose risk in the future. Usually programmed for completion within 3 to 6 months depending on available resources and other priority work.

Examples include:

• major deadwood
• splitting or fracture to minor branches
• significant decay fungi colonisation
• branches in contact with property
• trees obscuring streetlights
• trees that are dead or dying
• formative pruning/young tree maintenance

Low priority - Limited essential work within available budgets and with the regards to the care and protection of trees. Work is usually programmed for completion within 6 to 18 months.

Examples include:

• minor deadwood
• crown lifting
• removal of epicormic growth or basal suckers
• crown shaping and reduction

The prioritising of incoming enquires aims to ensure that:

• all high priority work identified or requested is undertaken in a timely manner
• existing resources are utilised efficiently and effectively
• the council responds positively to all legitimate requests for tree work to be carried out
• council staff are empowered to decline unreasonable request to carry out work to trees
• the councils tree maintenance meets high standards of arboricultural practice

4.3.1 Reducing risk

Further to programming tree work to reduce risk other alternative methods will be considered where deemed appropriate to the site and level of risk. These methods allow for features in trees to be retained safely. Restricting access in well used areas can reduce risk. Methods for this include:

• physical barriers to prevent access to trees or areas of woodlands
• relocating features such as play equipment, seating, bins, information boards to areas where risk is naturally lower
• rerouting paths or tracks to divert the public
• leaving grass or understory to develop to discourage access beneath the tree
• placing new structures and objects beyond the falling range of trees
• temporary exclusion from site in extreme weather or adverse conditions

Providing information to the public in larger areas on managing tree related risk will also be considered as an option.

4.3.2 Record keeping

An electronic inventory will be used to record all trees maintained by the council.

Level 1 inspections can be paper based and will be retained throughout the life of the tree. All formal level 2 group or individual tree risk inspections will be recorded on a tree management database. Tree locations are assigned a unique reference number and are plotted on map. The date and name of the inspector will be updated at each inspection.

Woodland sites and large groups of trees will be plotted as a singular group. A general description of the group will be provided including an estimate on the number of trees present. On these sites only trees with significant defects will be recorded individually.

4.3.4 Failure log

A failure log will be maintained within service areas to record information on tree failure as soon as practicable after they occur. This information is important for identifying the cause of failures and can help prevent similar incidents in the future.

4.3.5 Adverse weather conditions

Adverse weather such as storm events and snow can cause trees to be damaged across multiple locations during these types of incidents. The response to tree damage caused by extreme weather events will be based on the priorities of tree work as mentioned above; All work will be prioritised based on risk and may require action to reduce access temporarily to reduce risk.

Reports of tree damage can be reported during normal office hours Monday to Friday (excluding Bank Holidays) 9am to 5pm to the Customer Services who forward the enquiry to the relevant team for assessment, prioritisation and distribution.

Our out-of-hours services, in the event of an emergency, can be reached via 0300 126 3000. Following adverse weather Level 1 active assessments will be undertaken across sites likely to be impacted.

4.4 Tree works and management

Generally, trees develop in balance with their environment both above and below ground. Conflicts with people and property can, however, result from natural processes of growth and dieback or from the effects of damage caused by severe weather, pests or diseases. Equally, human activities can lead to conflicts, if these activities affect the growth or structural integrity of trees, or increase or adversely modify their exposure to the wind by the removal of other trees or the demolition or construction of buildings.

Human activities can also bring people and other targets closer to trees. Any such conflict can have serious implications for the health and welfare of the tree concerned and the safety of people and property. Resolution of conflicts can be achieved by tree work, but there is often a need to consider other measures such as modifying the use or management of the surrounding land.

While tree work can be desirable to accommodate people’s requirements from the tree and the land around it, any work that exposes the woody tissues is a form of damage that can be detrimental to the tree in the long term.

Tree work will be conducted and completed in a manner that avoids or minimizes the creation of new hazards. For example, inappropriate crown lifting can cause a crown to become top-heavy. Regard will also be given to the species, age and condition of a tree before any tree work is planned or undertaken.

Communication of planned maintenance or removal works

Section 96A of the Highways Act 1980 imposes a duty of local highway authorities in England to consult members of the public before felling street trees. The duty to consult only applies to trees on urban roads: those covered by a 30mph or 40mph speed limit or ‘otherwise a street in urban area’. It only applies to street trees and not to other trees that are on publicly owned or managed land next to or adjacent to a highway, such as parks and council housing estates, or trees that are next to un-adopted roads.

This duty only applies to felling, and only to trees with a diameter of 8 centimetres (measured at 1.3m above ground level). It does not apply where the tree is dead or dangerous, covered by an order under the Plant Health Act 1967, or authorised by planning permission. It does not apply where a tree is felled because it is causing an obstruction in order to comply with a duty in the Equality Act 2010. The majority of street trees felled by the council are removed for safety reasons which is an exemption from the duty to consult. We will keep a record of all trees removed including the reason for removal and evidence of any exemption.

In instances where trees not upon the Highway are scheduled for removal information regarding the planned works will be communicated to local ward councillors, Town and Parish councils and residents directly adjacent to the asset prior to works being undertaken.

Where large scale tree works are to be undertaken, works will be communicated in advance as far as is practicable. Information will be published online, within civic buildings and within the vicinity of the area where works are to be undertaken. Essential and routine tree maintenance, such as pruning, or removing smaller trees in poor health and condition will be undertaken without consultation. Where a tree needs to be felled at short notice for health and safety reasons there will be no public information and no right of objection.

4.4.1 Planned maintenance

Routine or planned maintenance is the council’s preferred method of maintenance to maintain the tree stock in a safe and healthy condition. Planned maintenance can help to retain the tree in its environment by reducing the risk of damage and nuisance, pre-empt complaints and meet the majority of customer requirements for tree pruning.

Ideally each tree would be placed in an appropriate maintenance cycle. The maintenance cycle is likely to be different for each tree due to their type, size and location. Certain species or locations, such as woodland trees and mature park specimens, require only occasional care and attention.

All trees are assessed for works during the Visual Tree Assessment survey undertaken every 3 to 5 years and only necessary works will be undertaken as a result.

Through implementing this strategy and undertaking a programme of full surveys the council will be able to increase the number of priority trees that can be placed in a fixed maintenance cycle enabling more routine maintenance to be planned and undertaken.

Planned maintenance includes:

• replacement tree planting and young tree maintenance
• woodland management

4.4.2 Reactive maintenance

Reactive works are carried out in response to an immediate health and safety hazard, such as fallen trees/branches, hanging branches, branches obstructing sightlines or access. Reactive works can include tree felling in response to emergencies. The council’s aim is to retain trees and will not fell a tree without justification. Where felling is justified replacement trees will be planted where appropriate to maintain the council’s tree stock.

Reactive maintenance is often undertaken in response to enquiries from other organisations, council departments or members of the public. Increased surveying will identify maintenance issues which can be addressed through routine/planned maintenance, the council aims to reduce reactive maintenance wherever feasible.

Reactive maintenance includes the following issues:

• dead, dying or dangerous
• legal nuisance, e.g. trees involved in insurance claims or obstructing access
• trees posing an immediate threat to pedestrians and vehicles
• trees that are blocking streetlights, obscuring traffic signals or obstructing traffic flow
• hazardous pests and diseases for example Ash dieback

Emergency works include:

• trees that pose an immediate threat to safety
• trees that have fallen across the highway or footpath
• root plate movement indicating insecure roothold
• large hung-up tree limbs
• partially hung-up trees
• storm damage
• splitting or fractures in trunk

4.4.3 Maintaining trees and standards of work

Trees are living organisms that are subject to change as they grow and respond to their local environment. There are therefore many situations, particularly in urban areas, where they need to be pruned to remove a risk feature, prevent or remedy a legal nuisance, maintain clearance over roads and footpaths or to maintain their health, condition and amenity value.

In carrying out our own work, and in evaluating tree works proposed by others, we will seek to ensure that all works are undertaken in accordance with arboricultural best practice and British Standard: BS3998:2010 Tree Work - Recommendations.

All tree work undertaken on council owned trees will be carried out by trained and competent arborists. All contractors will need to reach the minimum requirements of industry assurance as set by the council.

4.4.4 As part of our inspections we will aim to identify and programme all statutory or essential tree maintenance work and to address other tree management issues where necessary and where resources allow. This will include works to trees to comply with our legal duties and responsibilities or as part of sustainable, arboricultural best practice.

The following reasons will not constitute grounds for the pruning or removal of trees by the council:

• Interference with satellite dish or TV aerial reception
• Interference with phone cables, internet or mobile phone signals
• To improve the energy capture of solar panels
• To allow more light into properties
• Obstruction of view or causing shade
• Due to nuisance caused by falling leaves, flowers or fruit
• Problems associated with pollen
• Issues relating to personal medical conditions
• Due to nuisance caused by honeydew from aphids
• Where the tree is perceived to be too large or too tall
• Branches overhanging a boundary will not routinely be reduced or removed unless to reduce risk or abate an actionable nuisance
• Nuisance caused by mammals, bird or insects
• Nuisance caused by bird droppings
• Interference with private vegetation
• Suckers or germinating seedlings in gardens
• Root trespass into gardens
• Healthy mature trees will not be removed to create space to plant new trees
• Someone is willing to pay for the removal and replacement of a tree
• The perceived risk that it may cause subsidence in the future
• Due to minor structural damage to non-supporting structures such as garden walls
• Where tree roots have entered sewers (tree roots rarely break drains, but roots will enter a broken or damaged drain)
• Causing disruption to pavements, kerbs, garden paths and walls - in these cases, engineering solutions will be sought

Formative pruning

Formative pruning is carried out to improve the form of young trees and encourage the formation of good stem and branch structure. It involves the removal of dead, diseased potentially weak or damaged branches, together with any undesirable low branches or epicormic growth at the base of the main stem. Formative pruning can reduce the need for pruning later in the life of the tree by encouraging good branch structure at the early stages of a tree’s development. It is generally carried out on young trees to produce a tree which at maturity will be free from any major physical weakness and will be compatible with the future site management objectives. This type of pruning normally involves removal of small diameter branches and stems, using hand tools such as secateurs, loppers and pull saws or bowsaws.

4.4.5 Crown Lifting

Crown lifting involves the removal of the lowest branches of a tree to achieve a desired height clearance above ground level. This may be undertaken for many reasons, such as to enable vehicle or pedestrian access under a tree, enhance clearances from nearby structures or to allow more light under the canopy.

Excessive pruning should be avoided as this can be damaging to the tree’s form and structure by creating an unbalanced crown or by making the tree top heavy. Ideally it should not exceed 15% of the original crown volume or 1/3 of the tree’s top height. Pruning should be limited to small diameter, secondary branches wherever possible and not include the removal of larger structural branches back to the main stem. This will greatly reduce the risk of stem decay that can be caused by leaving large pruning wounds and will help to retain a balanced and attractive crown structure.

4.4.6 Crown thinning

Crown thinning involves the removal of a proportion of branch material from within the crown of the tree without affecting its overall shape. This operation is usually undertaken to reduce crown density and to form an evenly spaced and balanced branch structure by removing dead, diseased, weak or damaged branches and to allow more light through the canopy.

The percentage of leaf bearing twig structure to be removed in crown thinning should be kept to a minimum and normally be limited to between 10% and 25% crown volume. Material should also be removed systematically from throughout the tree rather from the inner crown only to prevent ‘lion-tailing’ of branches. Many tree species evolve a canopy density for adaptive reasons to cope with varying degrees of light and exposure, and uneven thinning or over-thinning can increase the likelihood of branch failures due to increased exposure and turbulence within the tree. If the objective is to reduce wind loading this should normally be achieved by crown reduction to reduce overall leverage.

4.4.7 Dead-wooding or crown cleaning

This operation is similar to crown thinning except that only dead, diseased, weak or damaged branches are removed to improve the health and appearance of the tree and reduce the risk of harm from any falling material. The dieback and shedding of branches are natural processes within the development and aging of trees and deadwood provides valuable habitat for a wide range of species of flora and fauna.

Removal of deadwood is normally only recommended where it presents an unacceptable risk of harm or where it is otherwise appropriate to maintain the health and condition of the tree. Removal of deadwood should be done carefully to avoid injury to living bark or sapwood as this can result in the ingress of decay or disease into otherwise sound tissues. Crown cleaning may include removal of deadwood but will also include removal of deleterious material such as invasive climbing plants, inappropriate objects such as wires, clamps or other fixings.

4.4.8 Crown reduction and reshaping

Crown reduction involves reducing the size of a tree’s crown area in proportion to its original shape. This normally involves pruning back the outermost branches and leaders back to subordinate lateral branches that are large enough to assume a terminal role (at least one third the diameter of the cut stem). It will often be undertaken to allow retention of a tree in a confined space; maintain clearances from buildings or other structures, or to balance an asymmetrical crown. It can be specified on the whole tree or limited to parts of the crown or selected branches as required.

The aim should be to maintain or create a balanced structure by carefully pruning back to suitable branch junctions. It should also limit the volume of leaf area to be removed to within an acceptable limit considering the species of tree, its age and vitality and its ability to withstand the treatment. It should not normally be combined with other pruning operations due to the potentially negative effects of excessive leaf loss and branch wounding.

Specifications for crown reduction are often given as a percentage; however, this should also be clarified with reference to length, height or spread in metres to avoid ambiguity. For example, a 30% reduction of a tree with a 10m crown height and spread is equivalent to a 1.2m branch reduction all round. Crown reduction up to a maximum of 30% may be acceptable to semi-mature trees however pruning volume should be reduced in older mature trees to 15% to 20% as it can have an increased negative impact on their health and condition.

Crown reduction pruning should only involve the shortening or removal of smaller diameter branches not exceeding 75mm diameter, not main structural branches or older mature wood over this size.

Inappropriate or excessive pruning should also be avoided as this can permanently disfigure a tree and adversely affect its health and long-term viability. Excessive pruning can also result in a proliferation of dense re-growth which can be counterproductive and increase the need for future ongoing maintenance.

4.4.9 Selective pruning

Branches should be individually removed or shortened only if a need is clearly established. If such work is necessary, the amount of material to be removed and the diameter of the pruning cuts should be the minimum required for the purpose.

4.4.10 Pollarding

Pollarding is an ancient way of maintaining trees, typically in pasture where the timber of the tree was harvested in a cyclical fashion above the height where livestock could browse. It has been adapted as a specialised form of management for some urban trees where it is used to contain height and spread while maximising leaf cover.

It is done by cutting back a young tree to create a branch framework that supports a dense head of branches and foliage, which is then cut back to the original pruning positions on a regular cycle. The regenerating shoots are typically cut back on a cycle of between one and five years depending on the extent of regrowth and other site management objectives. Only certain species will tolerate this type of pruning. It is a specialised and labour-intensive form of management that requires regular repeat pruning of a specific trained form of tree. It is generally not an appropriate form of management for trees which have not been grown and managed as pollards however it may sometimes be undertaken as a last resort to management option to deal with trees in an advanced state of decline that have suffered major branch dieback.

4.4.11 Coppicing

Coppicing is a traditional method of managing trees to produce a regular supply of small roundwood timber. It involves initially cutting back a maiden stem to just above ground level and subsequently cutting back arising stems to just above the height of the last cut on a regular cycle (typically 5 - 7 years). Coppicing is normally only undertaken to maintain an established coppice tree but may also be used to regenerate hedges or trees that have become tall and spindly.

4.4.12 Standing timber

A monolith tree is created when the entire crown is purposely removed back to the main stem or short stubs of limbs (storm damaged trees that snap to leave a standing stem/s are often referred to as ‘snags’). This is normally only carried out where trees are in very poor condition and would otherwise be felled. It allows the retention of the main stem as a habitat which is particularly useful for species that depend on decaying wood and cavities. Monolith trees should be subject to periodic inspection to ensure that they remain sufficiently stable and do not present a risk of harm.

4.4.13 Tree Stumps

Where a tree is to be felled an appropriate stump management option will be chosen, taking account of the future use of the site and the possible advantages or disadvantages of each option. This may include for example, the potential for trip hazards, pest and disease management, aesthetics or making space for a replacement tree or new landscaping.

Stumps will either be ground out to below ground level using a machine, dug out by hand or by mechanical means, winched out, chemically treated or left in situ. Most broadleaved tree species and a few other coniferous species will produce new shoots when stumps are retained after felling. Such regrowth might be desirable in some situations, however if left unchecked the shoots will have potential to develop into mature trees of similar proportions as the original trees. The chosen method will also be influenced by access constraints, level or risk or site disturbance involved.

Chemical treatment, where selected, will normally be applied directly to the stump surface as soon as possible after felling. All herbicides will be applied in strict accordance with the manufacturer’s recommendations and with extreme caution where there is a risk of other plants being affected or possible exposure to humans, pets or livestock.

Stump grinding is preferable to digging out or winching as it is less disruptive, however any hole of void left should be filled with soil or other material in consideration of future site usage and to avoid leaving a trip hazard. Stumps can also be retained in some situations to provide habitat.

4.4.14 Epicormic growth and basal suckers

Some species of tree will produce basal sucker or vegetative growth from the tree truck and basal area as part of their natural growth habit. Where this growth causes an obstruction to pedestrians, vehicles or property it will be removed on an annual basis. This type of growth may also be removed in order to visually assess the base of a tree during inspection.

4.4.15 Removal of inappropriate objects

Objects which could harm the tree, or which are unsightly such as nails, wires, clamps, boards, notices or old cable ties will be removed whilst other arboricultural works are being undertaken when this can be done without inflicting even greater damage on the tree. The council does not give consent for signs and notices to be attached to trees.

4.5 Biosecurity

The term biosecurity refers to precautions that aim to prevent the introduction or spread of harmful non-native organisms such as pathogens, pests and other invasive species. There are increasing threats to trees and woodlands from the introduction of new pests and diseases. As a responsible landowner we will follow best practice, guidance and advice published by organisations such as Defra, the Forestry Commission and the Arboricultural Association.

4.6 Tree removal

The council will only fell or remove trees for sound arboricultural reasons.

These may include:

• dead, dying or dangerous
• in accordance with statutory duties and plant health orders
• during emergency tree works, for example during or after a storm

We will not normally fell a healthy tree; however occasionally healthy trees do need to be removed for the following reasons:

• proven to be causing significant structural damage and remedial pruning is not a viable option
• considered by an Arboriculturist to be an inappropriate species for the location, or to have structural or physiological defects making removal the only sensible management option
• when removal is required as part of an agreed management programme or as a strategic improvement project
• where an approved planning application or essential development works requires tree removal
• to follow best management practice and promote tree health e.g. to allow other trees nearby to develop - it may be necessary to remove trees that are suppressing or excessively shading other trees especially in woodland or densely planted areas
• to undertake management of woodland or shelterbelt by thinning
• management of countryside and wildlife sites through pruning or felling of trees and scrub for habitat management

4.6.1 Tree related subsidence and mitigation

The incidence of tree related subsidence damage to buildings has increased in recent years. This is partly due to an increased understanding of the complex interactions between the tree, the soil, the building, and more significantly, an increasing litigious approach to these occurrences.

Subsidence damage associated with trees occurs when a tree extracts moisture from a shrinkable soil such as clay, through its root system, causing the clay to shrink and subside. If the foundations of a building are constructed on such a soil, subsidence damage can occur to the fabric of the building. When assessing subsidence risk or considering tree related subsidence cases, the following factors are taken into account:

• size and age of tree
• typical water demand
• time of year
• seasonal climatic conditions - (e.g. drought periods)
• type of soil - (e.g. clay)
• reaction to water (i.e. hydrology)
• capacity of the soil to shrink/swell (i.e. plasticity)
• age and quality of the building
• depth and type of foundation
• distance from tree to building
• tree/building site history

Cases of alleged subsidence damage implicating trees are often complicated and require a wide range of information to be properly considered. Where a tree is implicated as having caused subsidence or damage to a property the onus is on the claimant to provide evidence that the tree is the cause.

The following information will be required in order to assess a claim.

• a structural report with a formal description of the damage
• twelve months crack monitoring to show evidence of cyclical movement relating to the seasonal growth of vegetation
• positive tree and root identification
• an arboricultural report
• soil analysis/ Geo-technical survey

Case law has established that in managing subsidence risks councils are entitled to take into account the risk of damage, the seriousness of the potential damage, the cost of removing the risk and social value that trees provide.

Trees have a high amenity value and, unless or until there is reason to believe that a particular tree is likely to be causing damage, it is not considered to be reasonable or appropriate to deal with subsidence risks simply by felling healthy trees.

Accordingly, it is not the policy of the council to fell healthy trees on a precautionary basis because they stand in close proximity to residential or commercial property and there is a theoretical risk that they may during their natural lives cause damage to adjacent properties.

On receipt of sufficient information being supplied to the council an assessment by a suitably qualified Arboricultural Officer will be undertaken to determine the councils position relating to each incident taking into consideration all available options and remedial actions. If deemed necessary independent surveys and reports may be obtained in order to determine the outcome.

Due to the complex relationships between trees, soils and buildings each case is considered unique, and evidence will need to be evaluated on a case-by-case basis. If tree roots are proven to be a cause of damage The council may take action to abate further nuisance.

4.7 Tree planting

The council strives to provide a resilient, well managed and sustainable tree stock across public and private land through a program of engagement, tree planting and exploration of every available opportunity to increase tree canopy cover. Through an increase in canopy cover we will realise key benefits not limited to improving air quality, cooling streets, improving mental health, decreasing water pollution and improving biodiversity.

North Northamptonshire council’s Tree Planting Strategy aims to increase tree canopy coverage across North Northamptonshire, increase biodiversity within the tree stock, improve planting and aftercare of new trees, improve biosecurity reducing the risk of pests and diseases damaging the tree stock and increase community involvement with planting schemes and aftercare.

The principle of "right tree, right place" is at the core of the Tree planting Strategy with emphasis on selecting tree species that are well-suited to specific environmental conditions and planting location. This approach ensures that trees thrive, providing maximum ecological and aesthetic benefits while minimising maintenance and risk.

Trees are to be procured from reputable nurseries, in accordance with the council’s prevailing procurement regulations, as the use of these companies ensures tree are supplied by business within house plant health policies and standards. Suppliers will only be used by us who adhere to bio-security policies in line with DEFRA guidance.

4.7.1 Woodland management

The council will continue to provide publicly accessible, high-quality woodland under its ownership. They will be robust to the effects of pests, diseases and climate change and will deliver a wide range of environmental services including wildlife habitat, informal public recreation, education, and the sustainable production of economic woodland products. They will continue to be a national exemplar of social forestry, demonstrating how people of all ages, abilities and backgrounds can engage with and learn about woodland management, and realise the benefits of contact with the natural environment.

Our woodlands vary hugely, and some sites are much more valuable and sensitive (ecologically, culturally and visually) than others and the amount and type of management undertaken reflect this.

4.7.2 Ancient woodland and veteran tree management

Ancient woodlands are areas of woodland that have been wooded continuously since at least 1600 AD. Many will have existed for centuries before that. As a result of their relative stability as habitats they support unique and complex communities of plants, fungi, insects and other microorganisms. They are also important for their cultural, historical and landscape value, the capture and storage of carbon in their soil and biomass, their role as a bank of genetic diversity, and their contribution to recreation, health and well-being.

The council owns ancient woodlands sites and most of these are covered by Forestry Commission Management Plans, and we will revise these when required so that they remain extant and eligible for grants and incentives We recognise the importance of our ancient woodlands and will seek to manage them sensitively and positively in accordance with best practice to maintain their unique value.

Ancient and veteran trees are those which, because of their age, size and condition, are of exceptional biodiversity, cultural or heritage value. There are a number of ancient and veteran trees on land owned or managed by the council. We recognise their importance and will seek to manage them sensitively and positively in accordance with best practice to maintain their unique value.

4.8 Planning

The council will expect to see tree reports in accordance with BS 5837:2012 ‘Trees in relation to design, demolition and construction. Recommendations’ with submitted planning applications where nearby council trees might be affected.

4.8.1Tree Preservation Orders (TPOs)

Local planning authorities have a legal duty to protect trees and woodland with amenity value. The Town and Country Planning Act 1990 as amended (Town and Country Planning (Tree Preservation) Regulations 2012) give local authorities the power to place Tree Preservation Orders (TPOs) on trees and woodland for protection. All types of trees could be covered by a TPO including native and ornamental, including trees within hedgerows. A TPO cannot protect hedges, bushes or shrubs.

TPOs are usually made to protect trees that make a significant contribution to a public amenity or area. They may be made when it is felt that a tree could be under threat. As identified in the Town and Country Planning Act 1990 as amended (Town and Country Planning (Tree Preservation) Regulations 2012) a local authority can make a TPO if it appears to them to be 'expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area.' Authorities can either initiate this process themselves or in response to a request made by any other party.

A TPO as identified in the Town and Country Planning Act 1990 as amended (Town and Country Planning (Tree Preservation) Regulations 2012) section 13 prohibits the cutting down, topping, lopping, uprooting, wilful damage and wilful destruction of a tree. Technical and specialist advice from competent arboriculturists must be sought to ensure that the most appropriate works are proposed.

Permission must be sought from the council to carry out works to a TPO protected tree; this should

• be made in writing to the local planning authority
• state the reasons for making the application
• identify the tree(s) to which the application relates on a plan
• specify the tree(s) work operations for which consent is sought
• provide appropriate evidence describing any structural damage to property or in relation to tree health or safety, as applicable

Should a member of the public have a concern about a tree that should be protected they should contact the local authority Landscape Officer identifying the tree.

4.8.2 Exceptions

An exception may exempt landowners or their agent from normal requirement to seek the local planning authority's consent before carrying out work on trees subject to TPO.

These exceptions include certain work:

• on dead trees and branches where there is an immediate risk of serious harm, otherwise, 5 days written notice is required
• on dangerous trees and branches, but written notice is required
• to comply with an Act of Parliament
• to prevent or abate a nuisance where the tree is causing, or there is an immediate risk of it causing, actual damage
• necessary to implement a planning permission
• on fruit trees cultivated for commercial purposes or minor pruning of domestic fruit trees
• by statutory undertakers (organisations who have legal powers to carry out some development or highways works - usually telecommunication and utilities companies)
• for highway operations. By the Environment Agency and drainage bodies - for national security purposes

On receipt of a valid application the council has eight weeks to make a decision. When dealing with the application the council may:

• refuse consent
• grant consent unconditionally
• grant consent subject to conditions
• grant partial consent and partial refusal

If the council refuses consent or fails to determine the application within eight weeks the applicant can appeal to the Planning Inspectorate.

Any person contravening a TPO, i.e. cutting down or damaging a protected tree, is liable to prosecution. The council will investigate any allegations of unauthorised work to protected trees.

The penalties for destruction of a tree subject to a TPO are currently a fine of up to £20,000, and £2,500 for unlawful pruning. These are determined by the magistrates or crown courts.

Where the removal of trees is approved, replacement tree planting will be encouraged to maintain the amenity of an area. Further information can be found at Tree Preservation Orders and trees in conservation areas - GOV.UK.

4.8.3 Conservation Areas

Conservation Areas are areas of special architectural or historic interest. lt is important to preserve or enhance their character or appearance. They are designated by the local authority, and this brings about a number of controls relating to trees. The designation of a conservation area prevents pruning or felling of any tree over 7.5cm diameter at 1.5m above ground level, (or 10cm if thinning to help the growth of other trees) without giving the council six weeks' prior notification of any intended works.

An application for consent to carry out works to a tree in the conservation area must:

• be made in writing to the Local Planning Authority in accordance with section 211 of The Town and Country Planning Act 1990
• state the reasons for making the application
• identify the tree(s) to which the application relates on a plan
• specify the tree(s) work operations for which consent is sought

If a tree in a conservation area is removed, uprooted or destroyed in contravention of Section 211 and 213 of the Town and Country Planning Act 1990. the landowner has a duty to plant another tree of an appropriate size and species in the same place as soon as they reasonably can. As with unauthorised works to a TPO, penalties for conservation area are currently a fine of up to £20,000 for removal, and £2,500 for unlawful pruning. These are determined by the magistrates or crown courts. Further information can be found at Tree Preservation Orders and trees in conservation areas - GOV.UK.

4.8.4 High hedges

ln 2005, High Hedges legislation (Part 8 of the Anti-Social Behaviour Act 2003) came into effect that requires everyone with an evergreen or semi-evergreen hedge to consider the effect that the height of such a hedge will have on their neighbours.

High hedges covered by the Act must:

• consist of a line of 2 or more evergreen trees or shrubs
• be made up mostly of evergreen or semi-evergreen trees or shrubs
• be more than 2 metres high
• block out light or access to a residential property

The Act states that councils can only intervene once it has been demonstrated that all other avenues for resolving a hedge dispute have been exhausted. The council has the power to decide whether a hedge is adversely affecting the reasonable enjoyment of an adjacent property and, if so, can issue a formal notice setting out what must be done to remedy the problem. The council does not have the power to require a hedge to be removed (only reduced in height) and therefore cannot guarantee access to uninterrupted light.

Advice on high hedges is available. There is a charge for pre-application advice and for dealing with a high hedge complaint. Further information can be found at High hedges - GOV.UK.

4.8.5 Privately owned trees

These are trees that are not owned or managed by the council and as such do not fall within the scope of the council's Tree Management Policy. Enquires relating to these trees will generally involve encouraging the customer to contact the landowner directly.

The council will not generally become involved in tree disputes between two private residents. Under the Local Government (Miscellaneous Provisions) Act 1976 the council has the authority to serve notice on a private tree owner to make their tree safe. ln the event of failure to carry out work, the council can use statutory powers to implement essential works and recharge the costs to the owner.

Under the Highways Act 1980 The council has the authority to serve notice on a private tree owner to make their tree safe, where the tree is in danger of failing into the highway. In the event of failure to carry out work, The council can use statutory powers to implement essential works and recharge the costs to the owner.

4.9 FAQs

5.0 Trees and the law

There are a number of Acts or Parliament, regulatory processes and legal controls that effect the management of trees and woodlands which the council must have regard to. These include:

• Occupiers Liability Act/s 1957/84/2000

The Occupiers Liability Act provides for the liability of an occupier of land when an accident occurs on the land to a person who is a ‘visitor’ to the land. The occupier owes a duty to the visitor to ‘take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he/she is invited or permitted by the occupier to be there’.

• Health and Safety at Work Act 1974

The Health and Safety at Work Act imposes a duty on employers to ensure, so far as is reasonably practicable that employees and members of the public are not put at risk when managing trees, for example, by undertaking operational work in accordance with all relevant legislation regulations, industry codes of practice and safe work procedures.

• The Town and Country Planning Act 1990 (TCPA)

The TCPA places a duty on the council 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 or planting of trees. It also sets out the council’s powers and duties in relation to Tree Preservation Orders and trees in conservation areas.

• Natural Environment and Rural Communities Act 2006 (NERCA)

Section 40 of the NERCA places a duty on the council to have regard, in the exercise of their functions, to the purpose of conserving biodiversity.

• The Forestry Act (1967)

The Forestry Act controls the felling of certain trees and woodland through a licensing process.

• The Hedgerow Regulations (1997)

The Regulations control the removal of certain hedges through a notification process.

• Anti-social Behaviour Order Act (2003)

Part 8 of the Act gives Local Authorities the powers to deal with complaints or disputes about high hedges affecting residential properties.

• Local Government (Miscellaneous Provisions) Act 1976

The Act (s. 23-24) gives powers to local authorities to serve notice and if necessary, to enter land to abate a legal nuisance or risk of harm to the public.

• Highways Act 1980

The Highways Act sets out the main duties and powers of Highway Authorities. In particular it imposes a duty under Section.41 to maintain highways maintainable at public expense. As a highway authority the council is responsible for ensuring that trees within the highway boundary and trees outside the highway boundary but within falling distance of it, do not pose an unacceptable risk of harm to road users. Section 154 empowers the authority to deal, by notice, with hedges, trees and shrubs growing on adjacent land which overhang the highway and to recover costs. Section 96A imposes a duty of local highway authorities in England to consult members of the public before felling street trees.

• Wildlife and Countryside Act 1981 (as amended)

The act provides protection for nesting birds.

• The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

The regulations provide protection for certain species and habitats including bats and their roosting sites, which may include trees.

• The Environment Act 2021

The Act seeks to provide a new framework for environmental protection in response to growing public awareness of climate and environmental issues. The Act introduces a duty of local highway authorities to consult before felling street trees as an amendment to Section 96 of the Highways Act 1980 (above).

Last updated 17 February 2026