Tree policy

The Occupiers Liability Act 1957 (Section 2) and 1984 sets out the councils legal responsibilities to ensure our land and public areas and their immediate surroundings are safe for all visitors: "The common duty of care is a duty 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 which he is invited or permitted by the occupier to be there".

The Local Government (Miscellaneous Provisions) Act 1976 Sections 23 & 24 (Dangerous Trees) gives the council discretionary powers in respect of dangerous trees located on private land. Under the Town and Country Planning Act 1990 the council has statutory responsibility for the protection of trees subject to a Tree Preservation Order (TPO) and those within a conservation area on land owned by others.

This policy sets out the councils approach within this legislation and will be applied in conjunction with any other relevant guidance. This policy applies to the inspection and maintenance of all trees on council owned land. The council is not responsible for the maintenance of trees on land it does not own.

This policy has been agreed by the councils Executive Cabinet and will be reviewed on a regular basis as required in response to changes in legislation or recommendations or advice from other relevant bodies.