Tree Maintenance: Guidance to Local Authorities

To address this, Fiona is now campaigning for Chris’s law, which would require councils to maintain a register of high-risk trees identified by location, species and age, legislating for those trees to be inspected on a regular basis. This is not all trees, but a targeted approach that is manageable for councils and presents a cost-effective solution.

As beautiful as trees are, like us, they have a lifespan and a life expectancy. As they get old, they become sick and weak, can decay and get disease. It is a predictable life cycle. Some examples of common trees in the UK include birches, which tend to live for 50 to 70 years; beeches, 150 to 200 years; and oaks and sycamores, which can last for 200 to 300 years. But they all have a life expectancy. Therefore, it is safe to say that after a certain age, trees need to be inspected.

There is current guidance available from the National Tree Safety Group, the membership of which is made up of organisations with an interest in tree risk management, including the Forestry Commission. Its publication, “Common sense risk management of trees”, was updated last year, and provides guidance on trees and public safety in the UK for owners, managers and advisers. It recommends that tree owners follow a plan for zoning their tree stock, based on frequency of access, and implementing tree management according to risk. Where trees pose a higher level of risk—for example, a tree with faults that likely make it unstable, such as the oak described by the right hon. Lady, that is in an area frequently visited by the public, such as a park—they will require a higher level of assessment and monitoring.

I have visited parks where veteran trees have been cordoned off. Cordoning off very large trees with known defects from public access during periods of very hot weather, when branches may be more likely to fall, and similarly advising the public not to sit under or next to such trees when wind speeds are higher than normal, is a sensible, common-sense response to changing conditions.

Trees are important to our society and to us intrinsically —we come from the forests—and they are particularly important in this changing climate. However, that does not absolve tree owners from their legal duty of care and the need to prevent reasonably foreseeable risks of injury to people or property. For the breach of its responsibilities leading to Mr Hall’s death, the council was handed a significant fine.

I agree with the right hon. Lady that maintenance and prevention are cost effective. This Government have given more money to councils. There has been a long period of reduction in council budgets, but we have made more than £69 billion available to local government, and Cheshire East, the council in question, has had a 6.6% cash terms increase in its core spending power on the previous year. The majority of the funding is un-ringfenced—we removed central Government controls on that—and can be used to address a range of pressures facing local government. I hope that some of it will have been spent on long-overdue tree maintenance work.

As mentioned, National Tree Safety Group guidance provides a nationally recognised, evidence-based framework for managing tree safety, balancing public safety with the environmental and social benefits of trees. It is grounded in legal precedent and supported by the Health and Safety Executive. Local tree strategies, such as the one in Bromley, play an important role. I encourage councils to use the existing Government-endorsed trees and woodlands strategy toolkit, which has been developed to support local authorities and stakeholders to create and deliver a local tree strategy. These strategies can help to safeguard people from harm. However, it is also important to remember that trees are living organisms and that things can change depending on the weather. They undergo natural processes of growth and development, and eventually fall.

As the right hon. Lady says, we are spending a record £816 million on tree planting. Many of those trees will be in forests, so that involves a different set of risks and limited public access. However, we need to think about street or park trees. I live in Islington, which was planting street trees back in the ’90s. I can think of two street trees, one in my street and one in the neighbouring street, that have fallen over in the past three years. Thankfully, they landed on walls and not on cars or people, but of course from one day to the next, they simply go—often in very hot weather.

As we increase canopy cover, we need to understand what we are doing. We are giving grants to local authorities, but what is the accountability mechanism? As with flood defence assets, it is no good building the asset if we are not going to look after it. Flood defence assets were not in good shape when we came in, so we have spent a lot of extra money—tens of millions—to make sure that fail-safe mechanisms are put in place and that assets are kept up to date.