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NN S G
Guidance on trees and public safety in the K
for owners, managers and advisers
Common sense
risk managementof trees
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Crown Copyright 2011
You may re-use this information (not including logos) free of charge in any format or
medium, under the terms of the pen Government Licence. o view this licence, visit:
www.nationalarchives.gov.uk/doc/open-government-licence
or write to the Information Policy eam, he National Archives, Kew,
London W9 4DU, or email: [email protected]
First published in December 2011 by
Forestry Commission, Silvan House, 231 Corstorphine Road, dinburgh H12 7A.
he National ree Safety Group
Common sense risk management of trees
Forestry Commission, dinburgh.
Keywords: trees; risk; management; inspection; zoning.
Stock code: FCMS024
nquiries relating to this publication should be addressed to:
Forestry CommissionPublications
231 Corstorphine Road
dinburgh
H12 7A
: 0131 334 0303
If you need this publication in an alternative format, for example in large print or in
another language, please contact he Diversity eam at the above address.
elephone: 0131 314 6575 or email: [email protected]
he NSG can be contacted at www.ntsg.org.uk
Design and production: Pages Creative, Cheltenham, Gloucestershire GL53 7HY
Photographs: front cover, Philip Stokes; remaining photographs Forestry Commission
Picture Library, he ree Council and as credited.
Printed by: Severnprint of Gloucester.
ISBN 978-0-85538-840-9
http://www.nationalarchives.gov.uk/doc/open-government-licencehttp://www.nationalarchives.gov.uk/doc/open-government-licencemailto:[email protected]:[email protected]:[email protected]://www.ntsg.org.uk/http://www.ntsg.org.uk/mailto:[email protected]:[email protected]:[email protected]://www.nationalarchives.gov.uk/doc/open-government-licence7/31/2019 Common Sense Risk Management of Trees National Tree Safety Group
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NaNa Saf Gp
Safety is but one of the many goals to which weaspire; the mistake that is often made is to focus on safety
as if it is the only goalPROFESSOR DAVID BALLCentre for Decision Analysis and Risk Management
Middlesex University
published byhe forestry Commission
December 2011
www.ntsg.org.uk
Guidanc on trs and public safty
in th UK for ownrs, anagrs and advisrs
The Health and Safety Executive was consulted in theproduction of this publication. It endorses the sensible,
proportionate, reasonable and balanced advice to owners
on managing the risk from trees set out in the guidance.
Common sense
risk mngemento trees
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The National Tree Safety Group
he Ntionl ree Sety Grou (NSG) is brod rtnershi o orgnistions tht
hve come together to develo ntionlly recognised guidnce on tree sety
mngement tht is roortionte to the ctul risk rom trees. NSG membershi is
oen to ll interested stkeholder orgnistions nd grous.
NTSG memeS
Professional bodies
arboriculturl assocition
B/213 rees Committee o the British Stndrds nstitution (BS)
nstitute o Chrtered foresters
ondon ree cers assocition
oyl nstitution o Chrtered Surveyors
he ree Council
Visitor Sety in the Countryside Grou
Tree owners and managers
British Holidy & Home prks assocition td Conedertion o forest ndustries (K) td
Country nd nd Business assocition
nglish Heritge
ssex County Council
forestry Commission
Ntionl frmers nion
Organisations with heritage and/or conservation interests
ancient ree forum
Cmign to protect url nglnd
nglish Heritge Ntionl rust
Woodlnd rust
Risk research consultants
Centre or Decision anlysis nd isk Mngement, Middlesex niversity
he NSG, its Mngement Committee nd its individul member orgnistions in
roducing this reort hve endevoured to ensure the ccurcy o its contents. he
guidnce nd views in this reort should lwys be reviewed by those using the
reort in the light o the cts nd merits o the rticulr cse nd secilist dvice
obtined s necessry. No libility or negligence or otherwise in reltion to this reort
is cceted by the NSG, its Mngement Committee, member orgnistions or their
servnts or gents.
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Contents
fWD 06
pfaC 07
CTe 1
NDCN 09
he bjectives o ree isk Mngement: 12
Securing the mny benets o trees 14
acknowledging tht trees re living orgnisms
tht nturlly lose brnches or ll 16
CTe 2
NDSaNDNG H SKS fM S 19
CTe 3WHa H aW SaS 29
CTe 4
aSNaB, BaaNCD SK MaNaGMN 39
CTe 5
HW HS GDaNC CD B appD 59
fNCS aND fNS 74
appNDCS 78
CNaCS 96
aCKNWDGMNS 100
Forestry Commission/George Gate
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Foreword
We re most wre o unlikely nd unusul events, nd
those things which re most imortnt to us re oten
the lest recited nd tken or grnted. errorist
ttcks, severe erthqukes or tsunmi re rt o our
news but not rt o most o our lives. few o us ever
exerience the trgic consequences o tlity or
serious injury s consequence o tree ilure. However, while, hily, such tree-relted
events re rre, when they do occur they re newsworthy becuse o their very inrequency.
he inrequency o tree ilure events is in contrst to the ubiquity o trees, which dene our
lndsce rom the centre o our citl cities to the most remote o lces. he mjority o us
see trees every dy, they oulte our countryside nd towns, our rks nd grdens to such
n extent tht we cn esily orget their imortnce to our qulity o lie.
Nturlly nd rightly, tl nd serious ccidents re investigted nd cn result in litigtion. n
such cses, there is need or the helth nd sety uthorities nd the courts to understnd
both the vlue o trees nd the context o the mngement o trees nd good rctice ginst
which ny individul cse cn be comred. his lso rovides benchmrk or mngers to
work with. However, becuse o the imortnce o trees in our lndsce nd society, theinrequency o tree ilure events nd the wide rnge o environments in which trees occur,
gret cre needs to be tken not to crete nother level o burdensome regultion.
his guidnce hs not been hstily drwn u document. Sometime t the end o 2007
grou o us, drwn rom s wide s ossible rnge o orgnistions interested in trees, met to
discuss how best to codiy the best, generlly cceted nd blnced roch to mnging
risks rom trees. his grou orgnised, in aril 2008, well-ttended conerence t the oyl
Geogrhicl Society nd ollowing this debte the Ntionl ree Sety Grou ws ormed.
from the outset, the grou wished to drw together current inormtion nd good rctice to
develo common sense nd rcticl roch to mnging risks rom trees. t
commissioned reserch into risk relevnt to tree mngement nd undertook to roduce suite o inormtion nd guidnce on mnging the risks rom trees, o which this is the min
document. t hs been n extrordinry journey bringing together rboriculturists nd
oresters, the ublic, rivte nd chritble sectors, lndowners nd mngers nd the rurl
nd the urbn. Wht hs been rewrding nd delightul hs been the extent o common
understnding born rom common love nd knowledge o trees. We would like to thnk ll
those whose unding, hrd work, time nd energy hs mde this document ossible. While
there re too mny to nme individully, we would like to thnk Jim Smith rticulrly or his
nl editing nd overseeing o the roduction o this guidnce.
Judith Webb MBEndSirHarry Studholme
Chirs o the Ntionl ree Sety Grou
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Preface
as write this rece, we hve just exerienced two weeks o
lmost continuous gle orce winds during eriod when our
deciduous brodleved trees re in ull le; the sving grce
or us, s tree mngers, is tht it hs been n excetionlly
dry sring, with over nine weeks o drought nd root to soil is
un-lubricted. it hd been wet sring, we my well hve
been busy clering u llen trees. Winds re climtic ctor tht ll rboriculturists eel
unesy with, s it is test o our tree mngement skills nd, in rticulr, our judgement.
as the Hed o the arboretum, m resonsible or the curtion nd mngement o
more thn 14,000 secimen trees t the oyl Botnic Grdens, Kew, mnging tem o
ve rborists who, in their dily work, crry out hzrd evlution o our collections in
order to void litigtion nd mintin our duty o cre or our st who work under them
nd our million visitors yer who wlk beneth them. Mny o these secimens re old
nd extremely rre, both in their nturl hbitt nd in rivte collections, nd removl
my not be rcticble rom conservtion stndoint. hereore, more in-deth risk
ssessment with list o ossible controls, such s thinning end weight, scold removl,
cble brcing, encing to kee out the ublic, or diverting the trget will be needed to
reduce the risk rting beore the sw.With my mily, hve just visited nd been insired by huge blck wlnut (Juglans
nigra) in mous ondon rk bosting the lrgest o its kind in the British sles. t hs
extremely lrge, hevy scolds, with oen cvities, suorted by severl cbles. here is
lso evidence o revious brnch ilure on the huge bole, but, or dded comort, the dri
line is surrounded by ermnent ence, keeing the ublic out should the tree decide the
end hs come. his incredible wlnut tree cn still be dmired by visitors to the rk in
sety nd the rborist or grden mnger cn slee comortbly t night.
fortuntely, mny tree mngers re well wre o the mny benets tht trees
rovide, rticulrly our vetern trees with wht cll their Hrry potter chrcters,
whether they grow in woodlnds, rivte grdens or urbn res, nd lie would be dull
without our beutiul treesce. However, we re oten ced with the dilemm o removlor retention in the nme o helth nd sety. his is where common sense roch is
necessry beore wielding the chinsw nd otions to sve re oten overlooked.
at lst, we hve guidnce document roduced by the Ntionl ree Sety Grou
tht will hel ll o us who work in the tree sector to mke tht judgement cll. he
strength o this document is tht it hs been roduced by clling on the exertise o tree
roessionls rom wide rnge o interests nd ocuses on roortionte rection ginst
the benets tht trees rovide: t lst, common sense roch.
Tony Kirkham
Hed o the arboretum
oyl Botnic Grdens, Kew
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IntroductIonIntroduction 1
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Trees orm part o theoverall landscape and
their presence has many
dierent benefts
depending on how the
land is used
he Lucombe ak, Phear Park, Exmouth; retained as childrens pla equipment. The Tree Council
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IntroductIonhe ational ree afety groups (g) ai is to evelop a nationally reonise
approah to tree safety anaeent an to provie uiane that is proportionate
to the atual riss fro trees.
his uiane is base on a set of basi priniples evelope by the g for
onsierin an anain tree safety in the publi interest. hese priniples are set
out in the position stateent, Managing risks from treesat ppenix 1. he overall
approah is that a balane shoul be stru between riss an benets. his ouent
ives uiane supportin the g position, whih an be suarise as:
he g believes that one funaental onept shoul unerlie the
anaeent of riss fro trees. t is that the evaluation of what is reasonable shoul
be base upon a balane between benet an ris. his evaluation an be unertaen
only in a loal ontext, sine trees provie any ifferent types of benet in a rane
of ifferent irustanes.
he g position is unerpinne by a set of ve ey priniples:
trees provie a wie variety of benets to soiety
trees are livin oraniss that naturally lose branhes or fall
the overall ris to huan safety is extreely low
tree owners have a leal uty of are
tree owners shoul tae a balane an proportionate approah to tree safety
anaeent.
manain the ris fro trees is the responsibility of the owners an anaers of the
lan on whih they row. here are any ifferent types of lanowner an trees
row in any ifferent environents. his uiane has been evelope to support
the wor of all those involve in tree anaeent; whether onnete with streets,
pars, publi open spaes, businesses suh as hotels or fars, private estates,
woolan, oerial forestry or private arens. his ouents ontent an
struture reets the gs ve ey priniples.
Context
his ouent interates an upates issues onernin trees an their anaeentfor huan safety, brinin toether onepts fro several other national uiane
ouents.
n reent years, any owners an anaers of trees have been seein lear an
onise uiane on what is expete of the in ters of fulllin their oral an
leal responsibilities with respet to the trees on their estate or property. here is a
pervasive pereption in toays ris-averse soiety that the eisions people ay ae
about the safety of trees on their lan oul result in an inient with serious leal
an nanial onsequenes, not to ention loss of life an injury.
he g believes that uiane whih assists in settin a stanar of ation for
tree owners, hallenin this ris-averse approah, woul be beneial. his
ouent is supporte by a wie rane of staeholers involve in the ownership
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an anaeent of trees. t provies uiane for inspetin an aintainin trees;
uiane that is reasonable an proportionate to: the low ris fro trees, the benets
of trees, an the health an safety obliations of those responsible for trees. s a
national uiane ouent proue by an authoritative an representative roup,
its ontent an reoenations, if followe, shoul assist trees owners involve in
personal injury or opensation lais when presente to the ourt as supportin
ouentation.
noubtely, iportant trees have been reove, an there is aneotal
eviene to suest that, aross all the ifferent ownership ateories, trees have
been an are bein reove unneessarily ue to the fear of litiation. n any ases,
the value of trees is not easy to express in onetary ters. However, reible
ethos of tree valuation are beoin ore aepte an tree owners an asribe
a nanial value to their trees if they wish to o so. t is harer still to put a nanial
value on all the eosyste servies that trees provie aross the broa spetru of
lan use types. hese inlue environental an soietal values those esoteri an
soial values enjoye by everyboy but whose benets are iniret. xaples are:
better ental health, bioiversity, iprove loal environent an soial ohesion.
et aainst these benets are the osts of aintenane an the fear of litiation. he
g position stateent arues that it is reasonable to inlue soietal value an
benet in the alulation of what is reasonable where a lanowner or anaer isatin in the publi interest. his ouent sets out the g position an sees to
put forwar a reible an efenable approah to tree ris anaeent.
The objectives of tree risk managementhe anaeent of ris, when properly oranise, enables an oranisation, aon
other thins, to:
inrease the lielihoo of ahievin its objetives
ientify an ontrol the ris
oply with relevant leal an reulatory requireents
iprove staeholer onene an trust.
rees for part of the overall lansape an their presene has any ifferent
benets epenin on how the lan is use. ot all trees are anae an, even for
those that are, suh anaeent fors a oponent of overall lan anaeent.
Huan safety is one part of that anaeent. t is iportant to reonise, therefore,
that ris anaeent an be unertaen only by unerstanin the trees an their
value to people in the ontext within whih they row. his ontext naturally inlues
their istribution in relation to the population that iht be hare. he
requireent uner health an safety leislation is to have a suitable an sufient ris
assessent, an to apply easures that are reasonable an pratiable. his uiane
shows an interate approah to that proess within the wier ontext of lan
ownership an anaeent.
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IntroductIon
1
2
3
4
5
Figure 1. Risk Management Process
Trees:
peies, e, conition
People:
Loation, ubers,
roa/rail et.
carry out reies of
eviene atherin
appropriate to zones
ree reoval, tree surery,
inreasin frequeny an
intensity of inspetions,
reuin aess?
Example Zones:
o inspetion,
nforal observation,
oral observation,
detaile observation
E
What benets o these
trees ive to thislan?
I IEIfII
s there liely to be any ris to
huan safety fro these trees?
I IEIfII
s it useful to establish zones?
I LyI
What is the atual level of ris?
I EvLI
s this ris aeptable?
I EE
What ation, if any, nees
to be taen to treat the ris
an preserve as any of the
benets as possible?
communiationandconsultation
eordkeeping,monitorin
gandreview
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Securing the many benets of trees to societyrees are funaental to our wellbein an quality of life. heir size, nuber an ae
ae the one of the ost visible an ontinuous aspets of our lives. heir beauty
an ajesty have inspire artists, poets an writers. rees ay be siniant to us
personally, arin historial oasions, oeoratin a birth, faily event or
elebration of a life.
n seein to provie uiane on tree ris anaeent, it is rst neessary to
ientify those benets arue fro the presene of trees that are seure for soiety,
by followin the ris anaeent proess. hese are the objetives or oals of the
ris anaeent proess. n the ontext of this ouent, these objetives are the
any benets that trees bestow on our lives. ppenix 2 provies further etail on
these benets an it loos at soe of the any benets provie by the illions of
trees in the nite kino (k) an exaines their ontribution to our health,
wealth an wellbein.
Briey, these inlue, but are not liite to, the various eosyste servies that
trees as one eleent of the natural environent provie to our soiety. hese
eosyste servies over a wie spetru of benets ranin aross soial, eonoi
an environental areas. t is now broaly aepte that failure to value, onsier
an enhane those natural eleents that provie these eosyste servies iinishes
our soiety as a whole. his approah buils on traitional onservationist attituesan reonises linaes between lan, water, air an bioiversity.
rees are interal to ost natural lan-base eosystes, proviin a wie rane
of eosyste servies to huanin, inluin itiatin the harful effets of
liate hane as well as assistin with liate aaptation. rees are an iportant
part of the eonoy, proviin tiber an non-tiber forest prouts. hey also
brin ounities toether, playin a part in their ultural an spiritual values an
aestheti appreiation.
Three hundred years growing. Three hundred years standing. Three hundred years
decaying.Peter Collinson (1776) on the lie cycle o English oak and sweet chestnut.
heir iportane is reonise in international, national an loal overnent
poliies, an any non-overnental oranisations have poliies eiate to
onservin trees an their bioiversity.
he overall approah to tree anaeent an be establishe only if the
avantaes partiular trees offer are evaluate in their own loal ontext. Peoples
safety is unoubtely an iportant onsieration, whether trees are anae for
their ultural, aenity, heritae or environental benets or for tiber proution
an other oerial interests. However, the g believes the safety aspet of tree
anaeent ust be evaluate alonsie these other benets an the anaeent
praties that see to provie the. he onsieration of benet before the
exaination of ris an leal obliation hihlihts the iportane of ontext.
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Boundar hedgerow trees. The Tree Council
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IntroductIon
The overall approachto tree management can
be established only i the
advantages particular
trees oer are evaluated
in their own local
context
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he sale of what is reasonable annot be evelope in any other way. t is not
sufient to say that trees provie benets an their overall ris is low an so nothin
nee be one to any tree anywhere. t is, however, reasonable to onlue that, in
any ases, nothin at all nees to be one to the trees, sine the lielihoo of a
eath or injury is tiny iven that trees are extreely unliely to fall on people. uh a
onsieration, assuin it is aurate, woul be enouh to satisfy the requireent for
a suitable an sufient ris assessent uner health an safety leislation.
ven where there is a potential for people to be hare, anaeent ation to
reue the ris oul also vary onsierably epenin on the trees value.
he Health an afety xeutive (H), in prouin uiane for H inspetors
an loal authority enforeent ofers, has state that:
public saety aspects can be addressed as part o the approach to managing tree health
and tree owners should be encouraged to consider public saety as part o their overall
approach to tree management.1
Acknowledging trees are living organisms that naturallylose branches or falln reent years, there has been a step hane in soiety that appears on one level to
ean a ore natural holisti provision of reen infrastruture an outoor spae.
t the sae tie, it also eans that people are inreasinly ossete fro therouh ees of nature when they use or interat with it. his ilea sees to ste
fro a soietal hane that enouraes litiation as a eans of resolvin isputes,
reatin a river that aes soe tree owners reatly ore ris-averse than they
woul otherwise have been.
Economic benets: proiding income, jobs and a sustainable resource. Forestry Commission/John McFarlane
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IntroductIon
he onsequene of this for tree owners is the pereption that those natural
features an harateristis of trees that have evolve over illennia as part of
oplex eosystes present ris to people an are therefore probleati an requireintensive anaeent. xaples are: eawoo, shein branhes, avities,
eaye tiber, fallen trees, split branhes et.
rees apaity for lon life an their ability to row to reat heiht an size aes
the iportant to people, proviin urable an useful aterials, an protetion fro
the eleents. When allowe to oplete their natural life yle, trees provie habitat
supportin a iversity of epenent speies an, enerally, as trees ae, their assoiate
bioiversity inreases. rees are eystone speies. heir iportane for bioiversity is
suh that, when they are reove fro an eosyste, the entire set of onnetions
between inter-epenent speies breas own an the syste ollapses.
ppenix 3 evelops the aruent that overstatin a trees potential to ause
eath or injury riss the over-zealous reoval of the whole tree or ea woo another habitats, whih play a ruial role in aintainin soe of the benets of trees in
both the rural an urban ontext.
t is a partiular hallene of tree anaeent that, unlie an-ae strutures,
it is entirely noral an natural for trees to she parts an eventually to fall. his
uiane an the g position stateent arue stronly that eisions about ris
an be unertaen only by ain balane juents. ehnial estiates of a
trees lielihoo to fail are only part of the piture in any instanes, the level of ris
is insufient to warrant an inspetion.
he inforation in ppenix 3 reinfores the onept that anaeent ust
fous on the role an funtion of trees as livin oraniss as one part of a oplex
eosyste.
ocial benets: proiding recreation and improed phsical and mental wellbeing. Forestry Commission, Coed Y Cymoedd FD
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Understandingthe
risksfromt
rees
current overall aintenance or control reie or that hazar (the tree). When
assessin a tree, owners an anaers nee to jue whether the anaeent
easures they aopt will ull societys reasonable expectations. easonableness is
a ey leal concept when consierin the riss o trees to the public an tree owners
obliations. deciin what is reasonable can be unertaen only with rear to the
trees place within the wier anaeent context an how that context inuences
ecisions locally. he presente this expectation in its ris philosophy, outline in
fiure 2 (see also fiure 1).
he says that, or practical purposes, any activity or practice ivin rise to ris
in the upper zone woul be prohibite unless exceptional reasons coul be iven.
he botto zone, in contrast, represents a level o ris which is taen as broaly
acceptable. he states:
Risks alling in this region are generally regarded as insignifcant and adequately
controlled. We, as regulators, would not usually require urther action to reduce risks unless
reasonably practicable measures are available. The levels o risk characterising this region
are comparable to those that people regard as insignifcant or trivial in their daily lives.2
azars with ris levels allin in the intereiate ban ay be tolerate in orer to
secure the associate benets, proviin that:
he nature an level o the riss are aequately assesse an the results are use
Figure 2. Tolerability of Risk Framework1 (ToR)
Visual presentation o the level o eneral annual riss o eath ro allin trees note the
tolerable reion is where riss are anae as low as reasonably practicable (LP)
UnaCCePtaBLe
region
BroadLY
aCCePtaBLe
region
toLeraBLe region
n this reion riss are
anae as low as
reasonably practicable
(abbreviate by to LP)
.1:1,000,000
he arrow points to
where the eneralise
averae annual level o
ris o eath ro
allin trees is locate
accorin to the o
fraewor
1 he iara is base on Reducing risks, protecting people( 2001) fiure 1: raewor or the tolerability o ris.
Inc
reasingIndividualRisks&S
ocietalConcerns
1:10,000
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N T S G
22 m m k m g m f
to eterine control easures. he assessent o the ris nees to be base on
the best available evience an, where evience is lacin, on the best available
scientic avice.
he resiual riss are not unuly hih an ept as low as reasonably practicable
(the LP principle3).
he riss are perioically reviewe to ensure that the ris is controlle so ar as is
reasonably practicable (fP) an they still eet the LP criteria, or
exaple, by ascertainin whether urther or new control easures nee to be
introuce to tae account o new nowlee or new techniques or reucin or
eliinatin riss.
n obvious question relatin to the above concerns the precise lielihoo o eath or
serious injury associate with the threshol between the three zones. ow any
incients a year o there have to be beore a ris oves ro tolerable to
unacceptable? he says that it is oten unnecessary to speciy the threshol
because oo practice is oten spelle out or iplie in leislation, approve coes o
practice (oPs) or other uiance. owever, base on its experience, the has
propose uielines4 or where these threshols lie. his is very iportant when
seein to establish what a reasonable stanar o control is.
ccorinly, the has ientie that an iniviual ris o eath o one in oneillion per year or both worers an the public correspons to a very low level o
ris, an this shoul be use as a uieline or the threshol between the broaly
acceptable an tolerable reions. t points out that this level o ris is extreely sall
when copare with the eneral bacroun level o ris which people ace an
enae with voluntarily.
Research into deaths from falling treesguiance to help owners an anaers ae reasonable ecisions about tree
anaeent nees to be bace up by reliable ata on the actual level o ris pose
by allin trees. hereore, the ational ree aety group coissione the entre
or decision nalysis an is manaeent at milesex niversity to quantiy theris o atal an non-atal injuries ro allin or allen trees an branches to the k
public. he research ientie 64 eaths urin the 10 years ater 1 January 19995.
With a k population o rouhly 60 illion, this leas to an overall estiate ris o
about one eath in 10 illion people per year ro allin or allen trees an
branches.
o ar as non-atal injuries in the k are concerne, the nuber o accient an
eerency cases (&) attributable to bein struc by trees (about 55 a year) is
exceeinly sall copare with the rouhly 2.9 illion leisure-relate & cases
per year. footballs (262,000), chilrens swins (10,900) an even wheelie bins
(2,200) are involve in any ore incients.
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N T S G
d d g k f m 23
1
2
3
4
5
Understandingthe
risksfromt
rees
a ComParison of risks of death
able 1 is reprouce ro s Reducing risks, protecting peoplewith the ris o
allin an allen trees ae or coparative purposes.
Table 1. Annual risk of death from various causes over entire population
Cu aul B uc
ancer 1 in 387 nlan an Wales 1999
njury an poisonin 1 in 3,137 k 1999
ll types o accients an other
external causes
1 in 4,064 k 1999
ll ors o roa accient 1 in 16,800 k 1999
Lun cancer ro raon in wellins 1 in 29,000 nlan 1996
gas incient (re, explosion or carbon
onoxie poisonin)
1 in 1,510,000 gB 1994/951998/99
fro trees 1 in 10,000,000 or
less i hih win
incients are exclue
his stuy
fro lihtnin 1 in 18,700,000 nlan an Wales
199599
The Tree Council
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24 m m k m g m f
Signicance of the identied riskshe iniviual ris o eath attributable to trees is 10 m L than the threshol
o one eath in one illion per year that the says people rear as insinicant
or trivial in their aily lives. Because trees present a very low ris to people, owners
an anaers shoul be able to ae plannin an anaeent ecisions within
this context an avoi unnecessary intervention, survey an cost.
he expectation o society an the courts reects the act that trees row in any
ierent types o location. By careully consierin how trees t into a particular local
context, owners an anaers can better ientiy those areas an situations requirin
action. t will also help the ensure that any anaeent is proportionate an
stries an appropriate balance between the real riss an benets.
The public perception of riskne reason why trees all into the low level o ris cateory is because over past
ecaes, in the ajority o cases, appropriate an tiely anaeent ecisions have
taen place. azarous trees have been ientie an reeial wors unertaen.
s etaile in ppenix 3, it is natural or trees to she branches an ultiately all
own. hese events happen all the tie an people have learnt how to live with
the. owever, it is accepte in ris anaeent that it is the perception o ris as
well as the actual ris itsel that enerates probles. reers to the role o perception in its ector noration minute (uiance or
inspectors an local authority enorceent ocers) as ollows:
The risk, per tree, o causing atality is o the order o one in 150 million or all trees in
Britain or one in 10 million or those trees in, or adjacent to areas o public use. However,
the low level o overall risk may not be perceived in this way by the public, particularly
ollowing an incident.6
Bw hll, su Y. English Heritage/Bob Skingle
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d d g k f m 25
1
2
3
4
5
Understandingthe
risksfromt
rees
s with other serious incients involvin loss o lie or injury, people can becoe
ore worrie by allin trees ater soeone has just been ille by one an it has
been wiely reporte in the eia.
Accidents from falling trees newsworthinesst can be reliably preicte that i a allin tree ills a eber o the public, there will
be a passin story in the local, an occasionally national, eia. his is because
unusual events, such as tree-relate eaths, are ore liely to be newsworthy than
coonplace accients, even thouh the latter pose a ar reater ris an cause
uch ore har overall.
his newsworthiness oes not iply a reater statutory uty to control the
hazar, or that it woul be in the public interest to attept to o so. here iht be
a stroner case or this were trees ore liely to ill lare nubers o people in one
accient or were they to arouse societal concerns7, but there is no evience that this is
the case.
Liewise, trees are not nown to invoe societal concerns as a result o the ris o
har that they present. n act, there is ar ore evience o true public societal
concern bein spare when trees are elle; the concern bein a public esire or the
retention an preservation o trees.
here are any recors o very stron local concern ollowin the reoval orthreat o reoval o trees, soeties on allee health an saety rouns. his
strenth o eelin coul increase as ore people realise that trees o sinicant
stature are bein lost.
many local authorities unertae extensive consultation exercises beore
unertain tree reoval within sensitive areas. he benets o these iscussions are
that better presentation o the pros an cons or retention an reoval, with
intellient ebate between all parties, reatly iprove the concerne resients
perception an unerstanin o the wors carrie out in their locality.
he pressures on tree owners to ollow a ris-averse approach have never been
reater. Publishin a tree stratey which clearly inicates how these anaeent
ecisions are taen an by who allows a local authority to teper a ris-averseoutloo. s the ouse o Lors elect oittee on conoics has put it:
the most important thing government can do is to ensure that its own policy decisions
are soundly based on available evidence and not unduly inuenced by transitory or
exaggerated opinions, whether ormed by the media or vested interests.8
Evaluation of what is reasonablehe believes that:
public saety aspects can be addressed as part o the approach to managing tree health
and tree owners should be encouraged to consider public saety as part o their overall
approach to tree management.9
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his is a useul position to establish, even thouh it is alost certainly not necessary to
aree that tree health is the only relevant criterion in anain trees. his
stateent suests that the accepts that huan saety is to be consiere within
a wier anaeent context rather than in isolation. he courts have requently
reerre to this trae-o in civil cases. he rst stae o an evaluation, thereore,
shoul ocus on the context an role o the trees theselves. n the context o the
low level o ris note alreay, the m urther states that:
Given the large number o trees in public spaces across the country, control measures that
involve inspecting and recording every tree would appear to be grossly disproportionate to
the risk. 9
What is inherent in this evaluation is a sense o proportion. his can be achieve
only by consierin the trees place in a wier anaeent context an peoples
relationship to that context locally.
Managing the risk from treesxposure to an eleent o ris is an unavoiable consequence o all environents
where trees are part o leisure activities. n such circustances, proportionate tree
anaeent allows people to accept ris ro trees as part o a stiulatin an
beautiul environent. People enjoy what they perceive to be natural orunanae countrysie. hey value trees that have been subject to inial or no
intervention, an are prepare to accept a eree o ris because o the pleasure they
erive ro visitin or participatin in leisure activities in these environents10. ree
anaeent11
or the lac o it shoul not expose people to sinicant lielihoo o
eath, peranent isability or lie-threatenin injuries. ccients are on occasions
unavoiable. uch ris is tolerable only in the ollowin conitions:
the lielihoo is extreely low
the hazars are clear to users
there are obvious benets
urther reucin the riss woul reove the benets
there are no reasonably practicable ways to anae the riss.
for exaple, a ature tree in a city par presents a low but present ris o allin on
soeboy, even i it is requently inspecte an treate. his ris is broaly
acceptable. he lielihoo is typically low an people benet ro the retention o a
eature that is inextricably line to why they visit the par.
n its position stateent, the g arues that it is reasonable that suciently
lare oranisations that own or anae trees evelop a anaeent stratey (in line
with practice in other sectors). his stratey ay strie a balance between riss
present an benets accrue. he balance shoul be base on a ris assessent
involvin a ris/benet trae-o between saety an other oals, which shoul be
spelle out in the stratey. ranisations that publish an aintain a tree stratey or
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d d g k f m 27
1
2
3
4
5
Understandingthe
risksfromt
rees
Bu P, C, ypcl ub p w u . Forestry Commission/Isobel Cameron
anaeent plan, part o which inclues inoration on their ris anaeent plan
or the trees they own, are uch better place to eonstrate they have ullletheir uty o care. Where trees are rown or tiber, this usually inclues ellin trees
as part o routine operations; as ay be the case or other coercial operations an
public utilities that incorporate trees on their site. on-coercial trees requently
have social an environental value as well, an are iportant to huan health an
wellbein. he gs position is that, wherever possible, the presuption shoul be
that such trees be retaine an allowe to coplete their lie cycle with inial
anaeent interventions.
uch a reasonable stratey, articulatin the benets o trees, shoul, in the view
o the g, carry as uch weiht in protectin the tree owner aainst litiation
ollowin an incient as any actorys reasonable ris anaeent policy. t is
iportant to note that this is an eerin area within the el o anain saetyriss to the public. he way that courts tae benet into account in civil an criinal
cases is iscusse in hapter 3.
Things to rememberesearch to ate supports the position that the ris ro trees in ost instances is no
ore than a routine an reconise ris o lie, which ost people accept without
question. n other wors, plannin ecisions about the anaeent o trees in
eneral shoul procee on a rational, cost-eective basis as trees o not invoe
aitional concerns about perceive ris. Public saety is not the only concern when
eciin how to anae trees. ther broaer concerns, such as ecoloical,
lanscape an aesthetic value, shoul also be taen into account.
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W H H L W Y 29
1
2
3
4
5
whatthela
ws
ays
3hat the law says
29
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Tree owners have a legal duty of carehapter 3 covers the law respect o a owers labltes or jury to others caused
by the all o a tree or brach lad, cotlad, Wales ad norther irelad. here
are slht dereces ters o how the law each coutry deals wth trees ad
labltes wth respect to saety ad the duty o care ars ro tree-related cdets
(see paes 31-37). geerally, due to a lac o case law cotlad ad norther
irelad, uch o the case law cted s lsh. he advce ve below s based o a
evaluato o past court decsos. it s ot teded to provde a exhaustve
exposto o the law relat to trees or the owershp o lad1.
hapter 3 also addresses the role o ths udace docuet wth the leal
raewor.
The role of this guidancehs docuet, supported by a wde rae o staeholders volved the owershp
ad aaeet o trees, sees to provde udace or the specto ad
ateace o trees that s reasoable ad proportoate to the low rs posed by
trees, to the beets o trees, ad to the health ad saety oblatos o those who
are resposble or trees. hs docuet ay be preseted to a court or
cosderato as support docuetato ay case volv death or persoal
jury caused by a all tree or brach. eported judets already deostratethat courts wll cosder publcatos o ths ature whe address the duty o care.
it ust, however, be apprecated that the udace ths docuet wll ot
tsel detere a courts judet a dvdual case. frst, all cases are sestve to
ther ow acts. ecod, a court wll always reserve to tsel the decso as to whether
a tree ower has acted as a reasoable ad prudet ladower. hs udace ca,
however, or the court the a o that decso.
The legal frameworkUder both the cvl law ad cral law, a ower o lad o whch a tree stads
has resposbltes or the health ad saety o those o or ear the lad ad has
potetal labltes ars ro the all o a tree or brach. he cvl law ves rseto dutes ad potetal labltes to pay daaes the evet o a breach o those
dutes. he cral law ves rse to the rs o prosecuto the evet o a
reet o the cral law.
The civil lawhe ower o the lad o whch a tree stads, toether wth ay party who has
cotrol over the trees aaeet, owes a duty o care at coo law to all
people who ht be jured by the tree. he duty o care s to tae reasoable care
to avod acts or ossos that cause a reasoably oreseeable rs o jury to persos
or property.
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Friary Park Oak, Friern Barnet. Forestry Commission/Jim Smith
The tree owner is not,however, expected to
guarantee that the tree is
safe. The owner has to
take only reasonable care
such as could be expected
of the reasonable andprudent landowner
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N T S G
W H H L W Y 33
1
2
4
5
3
whatthela
ws
ays
to a duty to ata the hhway. it s ope to questo whether the duty exteds
to the ateace o hhway trees3. However, assu the duty does so exted,
the hhway authorty ay, by secto 58, deed tsel by prov that the authorty
had tae such care as all the crcustaces was reasoably requred to secure that
part o the hhway to whch the acto relates was ot daerous or trac. he
duty uder secto 41(1) s, thereore, lttle deret to that whch arses uder the
coo law elece. larly, the duty to ata trees plated uder
secto 96 o the Hhways ct 1980 requres the hhway authorty to tae oly
reasoable care. hhway authorty also has the power uder secto 154(2) o
the Hhways ct 1980 (see also s.91 oads (cotlad) ct 1984) to requre trees
row o lad adjacet to the hhway that are dead, dseased, daaed or
securely rooted, to be reoved by those resposble or the trees ad, deault o
reoval, to tae acto tsel to have the trees reoved. alure to utlse the power
ay partcular case s ulely to ve rse to lablty the lht oStovin v Wise4.
larly, t wll ot assst a perso resposble or a tree row adjacet to a
hhway to blae the hhway authorty or al to requre h to reove a tree
that s oud to have bee daerous.
it s the duty holders udaetal resposblty, ta reasoable care as a
reasoable ad prudet ladower, to cosder the rss posed by ther trees.
he level o owlede ad the stadard o specto that ust be appled tothe specto o trees are o crtcal portace. it s at ths pot that the balace
betwee the rs posed by trees eeral ters, the aety value o trees ad the
cost o deret types o specto ad reedal easures becoes relevat.
Ndd OF NPcON
he courts have ot deed the stadard o specto ore precsely tha the
stadard o the reasoable ad prudet ladower. it has bee recosed that ths
test souds spler tha t really s: t postulates soe deree o owlede o the
part o ladowers whch ust ecessarly all short o the owlede possessed by
scetc arborcultursts but whch ust surely be reater tha the owlede
possessed by the ordary urba observer o trees or eve o the coutrya otpractcally cocered wth ther care5.
i dvdual cases, the courts have souht to apply ths eeral stadard to the
acts o each case6. However, there s o clear ad uabuous dcato ro the
courts reard to the extet o the owlede about trees a ladower s expected
to br to tree specto ters o type ad reularty o specto. geerally, the
courts appear to dcate that the stadard o specto s proportoal to the sze o
ad resources avalable ( ters o expertse) to the ladower7,8,9,10&11. it s o ote
that the H states the H ector iorato mute Management of the risk from
falling trees(H 2007), that: for trees a requetly vsted zoe, a syste or
perodc, proactve checs s approprate. hs should volve a quc vsual chec or
obvous ss that a tree s lely to be ustable ad be carred out by a perso wth a
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34 m m n n i k m n g m n f
wor owlede o trees ad ther deects, but who eed ot be a arborcultural
specalst. ior sta who wor pars or hhways as to what to loo or would
orally suce.
i eeral ters, a ladower ust dety those trees whch ht, they ell,
pose a rs to people or property. He should the spect such trees ad dety ay
obvous deects the trees. i the ladower does ot have sucet owlede otrees to eable h to dety such obvous deects, he should eae soeoe who
has. Hav deted a deect, the ladower ( sucetly owledeable), or
soeoe wth approprate owlede ad expertse, should assess the rs posed by
the deect ad tae approprate acto, whch ht ea urther otor o the
deect, pru o the tree or ell (see hapter 4).
uber o cooly ecoutered obvous deects are llustrated fure 3
hapter 4 geeral eatures to loo out or whe assess a tree.
OccuP B c 1957
he ccupers Lablty ct 1957 provdes or the lablty o a occuper o lad whe
a accdet occurs o the lad to a perso who s a vstor to the lad (or cotlad
otine tree inspetion. Andy Tipping, Barnet Council
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W H H L W Y 35
1
2
4
5
whatthela
ws
ays
3
see the ccupers Lablty (cotlad) ct 1960, or norther irelad see the
ccupers Lablty ct (norther irelad) 1957). he occuper owes a duty to the
vstor to tae such care as all the crcustaces o the case s reasoable to see
that the vstor wll be reasoably sae us the preses or the purposes or whch
he/she s vted or pertted by the occuper to be there12. he duty o care uder
the ct s eectvely the sae as that at coo law respect o the torts o
elece or usace.
perso vst lad by vrtue o the natoal Pars ad ccess to the
outrysde ct 1949, the outrysde ad hts o Way ct 2000 (oW) or the
mare ad oastal ccess ct 2009 s ot classed as a vstor wth the ea
o L 195713. he perso caot, thereore, br a cla uder the L 1957.
However, he/she ay stll potetally br a cla elece or, approprate,
uder L 1984.
OccuP B c 1984
he ccupers Lablty ct 1984 provdes or a occupers lablty to people other
tha vstors, partcular trespassers, crcustaces where the occuper ows o
the potetal presece o such people o ther lad ad o the rs posed to the by
eatures o the lad such as trees, ad the rs s oe aast whch, all the
crcustaces, the occuper ay reasoably be expected to oer the soeprotecto. for norther irelad see the ccupers Lablty (norther irelad)
rder 1987.
he duty uder secto 1 o the ct to a perso o access lad the exercse o
a rht to roa coerred by secto 2(1) o oW 2000 wll be detered hav
reard to the act that the exstece o the rht ouht ot to place a udue burde
upo the occuper, ad hav reard to the portace o ata the character
o the coutrysde14.
he duty uder L 1984 s also lted that o duty wll arse respect o
rss result ro ay atural eature o the ladscape (whch wll clude a tree),
or ro ay rver, strea, dtch or pod15, provd that the occuper does ot
tetoally or reclessly create the rs16
.
NNg NOc
war otce that wars o a specc daer posed by a tree (or trees) ay be
sucet to absolve a occuper ro lablty that they ay, by such otce, have
tae all reasoable care or the vstors saety the crcustaces17. However,
eeral, a ladower should ot rely upo war ss aloe to protect aast a
daer. busess occuper caot by reerece to ay cotract ter, or to a otce,
exclude or restrct hs lablty or death or persoal jury result ro elece
or a breach o duty uder L 195718
, save where the access to the lad s ve
or educatoal or recreatoal purposes (ucoected wth the purpose o
the busess)19.
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36 m m n n i k m n g m n f
cOmPNON c
ecto 1 o the opesato ct 2006 provdes that:
A court considering a claim in negligence or breach of statutory duty may, in determining
whether the defendant should have taken particular steps to meet a standard of care
(whether by taking precautions against a risk or otherwise), have regard to whether a
requirement to take those steps might:
(a) prevent a desirable activity from being undertaken at all, to a particular extent in a
particular way, or
(b) discourage persons from undertaking functions in connection with a desirable activity.
he ter a desrable actvty s ot deed by the ct ad s lely to be costrued
so as to ve a wde ea to the ter. it s lely, thereore, that t cludes a
actvty such as the row o trees. Whle the ct reorces the portace o be
able to balace the aety, health, ad other trsc bodversty values o trees
aast the rs posed by a tree, t s doubtul whether t wll aterally alter the
courts approach to clas ars ro all trees. he ct apples oly to cvl
clas ad ot to cral prosecutos.
The criminal law
he Health ad aety at Wor etc ct 1974 places a duty o eployers to esure, soar as s reasoably practcable, that the course o coduct ther uderta,
eployees ad ebers o the publc are ot put at rs (sectos 2(1) ad 3(1)
respectvely, see also secto 3(2) respect o sel-eployed persos). he acts o
ell or lopp a tree clearly all wth the scope o ths duty. it s also lely that the
row ad aaeet o trees o lad alls wth the scope o the duty such
operatos all wth the eployers uderta.
he duty s subject to the words so ar as s reasoably practcable. hs provso
requres a eployer to address the practcal ad proportoate precautos whch
ca be tae to reduce a rs. he courts have eerally bee uwll to tae to
accout evroetal or aesthetc values whe cosder whether a step s
reasoably practcable, co the cosderato to whether a precautoarystep ca practcally be udertae20. nevertheless, HSE v North Yorkshire
County Council(20.5.10) Wle J., whe drect the jury as to the ea
o reasoably practcable, deted as a ateral cosderato the beets o
coduct the actvty.
He sad (ng ephass):
Now, in this context what does reasonably practicable mean? Well, as you have been told
correctly, it is a narrower concept than what is physically possible. It requires a computation
to be made by the employer in which the amount of risk is placed on one scale and the
sacrice involved in the measures necessary for averting the risk, whether in terms of money,
time or trouble, or the benets of conducting the activity, are placed in the other. If there is
a gross disproportion between them where the risk to health and safety is insignicant in
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N T S G
W H H L W Y 37
1
2
4
5
3
whatthela
ws
ays
relation to the sacrice and/or loss of benet involved in averting that risk then the
defendant discharges the onus upon him and is entitled to be acquitted, but if the
defendant does not persuade you of that on the balance of probabilities then you
would convict.
he maaeet o Health ad aety at Wor eulatos 1999 requre eployers,
ad sel-eployed persos, by reulato 3 to ae a sutable ad sucet
assesset o the rss to the health ad saety o persos ot hs eployet
ars out o or coecto wth the coduct by h o hs uderta. hs
requres a eployer, ad a sel-eployed perso, to udertae a rs assesset o
the tree stoc o the lad whch ors part o the uderta.
Breach o the duty uder the ct, or the reulatos derved ro the ct, ca
ve rse to a cral prosecuto aast the eployer. orceet o the ct s
vested the H ad, soe staces, local authortes. he H has provded
udace or ts spectors ad local authorty eorceet ocers coecto
wth the specto o trees the ector iorato mute Management of the risk
from falling trees(H 2007)21.
he resposbltes uder cral law prarly arse respect o eployers,
sel-eployed persos ad those who cotrol a busess uderta. However,
resposbltes uder cral law ca also, exceptoal crcustaces, arse
respect o aslauhter by corporate udertas or dvduals, lead to a polce
vestato ad possble prosecuto (see the Wor elated Death Protocol 2003).
here has bee o prosecuto or aslauhter respect o all trees.
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A sense of proportionis vital. This can be
achieved only by
considering the trees
place in a wider
management context and
peoples relationship tothat context locally
The Tree Council
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Introduction
Tree owners should take a balanced and proportionateapproach to tree managementchapter 4 develops the geeral approah to ehag good prate the setor. it
reogses that trees are aaged or a varety o reasos ad thereore that the
expetato o a sutale ad suet rs assesset reerred to y the H vares
wth otext.
i geeral, the rs ro trees has ertaly reahed the stuato where resdual
rss (those that rea ater aageet or saety) are suetly low that
vestet addtoal easures s lely to e dsproportoate to ay saety
eet. s the H tsel otes Reducing risks, protecting people:
Any informed discussion quickly raises ethical, social, economic and scientic
considerations, for example: how to achieve the necessary trade-offs between benets to
society and ensuring that individuals are adequately protected; the need to avoid the
imposition of unnecessary restrictions on the freedom of the individual.
chapter 4 also shows that a sese o proporto s vtal ths evaluato. hs a e
aheved oly y osderg the trees plae a wder aageet otext ad
peoples relatoshp to that otext loally.
How tHis idance Relates to otHeR docents
here are ay douets oerg gudae or aagg trees the otext o
pul saety. hese ted to e aed at proessoals suh as those volved
geeral tree surveyg1, ad to over spe ssues oeted wth tree hazard
assesset ad aageet2 ad tree-related rs3. oe atoal ad spealst
orgasatos have also produed gudae ludg or orestry4 ad ature
oservato5,6 ad or health ad saety regulators7. here s also poly gudae or
wder setor terests trees, ludg or pars8, greespaes9 ad aess to the
outrysde10.
Whle tree saety speto ad rs aageet s usually oly a sall part o aorgasatos wder ret, these ay have platos or roader tree
aageet. for exaple, tree speto s aturally eopassed wth the
gudae or hghway spetors as part o ther overall resposlty or pul
saety11
. lthough gudae devsed or the play setor12
does ot reer speally to
trees, t ay oetheless e hghly relevat to the orulato o tree saety poles.
hese exaples, though y o eas exhaustve, deostrate the sope o
adve ad gudae already rought to ear o tree saety aageet. beause
the rage o adve s ot eessarly proportoate to the rs ad does ot
eessarly tae aout o the eets that trees provde, the n has drated ths
staeholder-supported douet, ased o wde osultato, to provde a
tegrated approah to reasoale tree rs aageet.
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Extremely low risk of harmH gudae or ts spetors ad loal authorty eoreet oers o the
stadard o tree rs aageet ad the m researh ossoed y the
n o ehal o ladowers or that the overall real rs o serous har ro
trees the Uk s extreely low13
. ideed, the levels o rs are so low that they are
oparale to those that people regard as sgat or trval ther daly lves,
ear the otto o the spetru o what the H osders as aeptale rs:
Risks falling into this region are generally regarded as insignicant and adequately
controlled. We, as regulators, would not usually require further action to reduce risks unless
reasonably practicable measures are available. The levels of risk characterising this region
are comparable to those that people regard as insignicant or trivial in their daily lives.
They are typical of the risk from activities that are inherently not very hazardous or from
hazardous activities that can be, and are, readily controlled to produce very low risks.14
Legal requirementshe law requres oly that people should tae reasoale are to avod ats or
ossos whh ause a reasoaly oreseeale rs o jury to persos or
property15. What does ths ea prate? chapter 3 outles the legal
agroud surroudg tree owers resposlty or the saety o ther trees.
he geerally agreed stadard to e aheved s that o a reasoale ad prudetladower.
Responsible managementadowers who already sesly aage ther trees a e reasoaly odet
that there s o eed or ay radal hage drve y a ear o the law, though they
ay d ths gudae useul whe revewg aageet prate. esposle
aageet should seldo result large-sale tree reoval or saety reasos.
no tree a e guarateed to e sae. s log as we reta trees, we aot aheve
zero rs. dsproportoate respose to the atual rss posed y trees leads to
ueessary terveto, partularly alogsde roads ad pul plaes.
sproportoately respodg to rs tsel rus the rs o dshg theladsape ad deprvg the whole outy o the ejoyet o trees ad ther
wder eets.
essentials of a Reasonable, balanced appRoacH
he uer o trees or whh owers are resposle vares eorously, as do the
eas avalale or ther aageet. hs gudae oers a raewor or tree
owers to aage ther trees reasoaly, ored o the reasos why trees are
portat. uh a raewor allows the ower to estalsh a proportoate approah
to pratal tree aageet or the reasoale saety o vstors ad passers-y. hs
approah s ased o ahevg a alae etwee, o the oe had, the eets
trees provde to the evroet ad to people, ad, o the other had, rss posed
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a e haratersed aordg to the level o pedestra, vehle or other use ad
zoed ters o ther level o usage. hereore, the tree was to ollapse ad o
oe was wth reah o t, the there would e o rs. o, a large tree presets aeglgle rs regardless o whether or ot t s hazardous, t s growg a area
where ew people go.
Key steps in tree safety management
tHe essentials
reasoale ad alaed approah ors the ass o a tree saety strategy or
sesle tree saety aageet. by a strategy, we ea a pla that gudes
aageet desos ad prate, a reasoale ad ost-eetve way, typally
overg three essetal aspets:
zog: appreatg tree sto relato to people or property tree speto: assessg ovous tree deets
aagg rs at a aeptale level: detyg, prortsg ad udertag
saety wor aordg to level o rs.
tree saety strategy ay ot eessarly e supported y extesve reords. it ay
e sel-evdet through geeral prudet prate ad ehavour. lteratvely, a
strategy ay e expltly orulated ad expressed through douets relatg to
aageet prate. i reasoaly arred out, the strategy should eet the duty o
are requred y law, wthout the eed or a overly ureaurat approah or
exessve paperwor. i the evet o a adet, douets ay provde supportg
evdee that reasoale are has ee tae.
a ugu (Ganoderma applanatum) h m hv m r r .
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zoes, the evet o a adet whhever syste s adopted ay requre
justato aordg to the stadard set.
wHat to consideR and wHo sHold do tHe woRk
s a rst step tree rs aageet, the trees loato the otext o levels ouse s ey to uderstadg what rss, ay, ay e assoated wth the. he
assesset should osder all the trees o the property ad detere whh are
areas o hgh pul aess, or ould all oto areas o pul use or oto property that
ould e daaged.
norally, the est perso to do a tal assesset s soeoe alar wth the
lad, how t s used ad what trees are preset. ypally, ths ould e the ladower,
ouper or lad aager. it does ot requre a tree spealst to zoe a ste.
tRees witHin fallin distance of Roads, Railways etc.
ually, aog the relatvely ew adets ro allg trees, the greatest rs to
pul saety has proved to e ro trees wth allg dstae o where people
ove at speed vehles. However, eve trees well-used areas pose a overall level
o rs to pul saety that s extreely low. average over the past deade, our
people a year have ded ro roadsde trees allg oto vehles or ro ollsos
wth alle trees, aly eause:
rs o har ro allg trees s related to the ore o pat
the lelhood ad extet o har s ueed y the speed at whh vehles
ay pat
rss are hgher whe vehles are travellg at speed hgh wds.
it s oth the hgh usage o roads ad the speed at whh people travel alog thethat aes ths the ost lely way that people wll e lled y trees17
.
r w, smr. Forestry Commission/Ross Hoddinott
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tRees in aReas witH low pblic se ReqiRe less
fReqent inspection
rees areas o low pul use requre zog, ut ay staes ay oly
requre rregular speto, ay. i the aageet deso s ot to udertae a
speto ut to do oly a vsual he or, deed, ot to do a vsual he due to the
areas low use, ths eeds to e reorded as part o the zog pla.
not all tRees alonside all Roads pose a sinificant Risk
not all roads are usy roads ad ot all roadsde trees are large eough to ll or jure they all. it s oetheless reasoale that erta roadsde trees, partularly those
alogsde usy pul roads, should e speted. hs also apples to trees alogsde
ralways, where the tra speed ad uer o people who ould e aeted oe
det reases the level o rs.
tRees in aReas of HiH pblic se ReqiRe an
inspection Reie
it s reasoale to spet trees wth allg dstae o other well-used areas, suh as
ar pars, gardes ope to the pul or ura pul spaes. Zog aordg to
the levels o pul use helps to dede whh areas trees pose hgher rss tha
others ad how to alloate tree speto resoures reasoaly. ispeto wll vary
a -u u vr m rur rrgur . The Tree Council
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aordg to the stes rustaes ad the owers poly, ueed y levels o
use ad the portae o ther trees. ve well-used areas, spetg ad
reordg eah tree s ot always eessary (see types o speto). rees wth
strutural aults, ut valued or ther hatat or aety terests, that are retaed
requetly-used areas ay requre spe assesset ad aageet. the
other had, trees well-used atural woodlad or woodlad surroudg housg or
a pul par ay oly warrat a oral or o-oerous prortsed syste o
assesset to dety trees warratg loser speto.
Trees in infrequently-used areashe rs o death or serous jury ro trees requetly-used areas s so low that t
s reasoale that these should reeve o oral speto or vsual he. However,
owers ay eed to respod to ay reports o proles.
Tree inspectionhe three types o spetos are:
oral oservatos
oral spetos
detaled spetos.
followg zog aordg to levels o pul use, t s eessary to dety whh
trees requre speto. hs s arred out o-ste sply y walg or drvg
aroud the areas wth trees (see foral spetos seto elow). he seleto o a
tree or loser speto s ueed y ts sze, odto ad the level o use wth
ts allg dstae. sesle judget s requred so that the ladower does ot
waste resoures. for exaple, groups o youg trees ear well-used areas ay e
geerally osdered to pose low rs ad ot warrat urther speto.
he ter speto ay over a whole rage o atvtes, ro a superal
oral oservato, to a qu, vsual he ad the to a detaled, deve-asssted
speto. ispetos are arred out y o-spealsts through to spealsts traed
to deret levels o opetee ad experee. Whle tehology a assst spetg portat trees uder exeptoal rustaes, oral, day-to-day
oservato s the ost useul soure o orato ad provdes the prpal ass
o tree assesset. he terested, o-expert, arg tree ower or oservat passer-y
plays a treedously portat part atag the aowledged low level o
threat posed y trees the Uk. he level o resoures alloated to tree speto s
ueed y the uer ad qualty o trees ad the type ad level o surroudg use.
infoRal obseRations
ioral oservatos o trees otrute to wder aageet ad tree saety. i
soe rustaes, oral oservato ay e osdered reasoale ad
approprate. People wth good loal owledge ad alarty wth loal trees ad
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ther surroudgs are geerally aware o the, ludg potetally dagerous
stuatos that ay arse ro the. ve the geeral extreely low rs posed y
trees, pul saety a e addressed as part o the propertys wder aageet.
choosg to aage the rs y oral oservato s ot a reaso to do
othg. he deso to rely o oral oservatos ust st wth a aageet
raewor that aowledges, respods to ad ats upo ay deets reported y
these oral oservatos.
ypally, where owers rely o oral oservato, they loo at ther trees
relato to ther health ad strutural odto, ad at upo ay rustaes
posg uaeptale rss. larly, sta resposle or aagg or atag the
property do ot go out o ther way to assess the trees. hey are struted to e
aware o the trees health ad odto as part o ther other daly tass, detyg
strutural weaess or atual alure that pose a et threat to pul saety ad
that would e patetly apparet to a o-expert.
eports o tree-related saety proles arsg ro oral oservatos y sta
or eers o the pul reportg should e ated upo. itally, ths ay tae the
or o a oral speto y a opetet eer o sta or a exteral spetor.
hs ay the result o urther ato eg requred, or tree surgery, ellg or
pleetg easures to aage the area wth allg dstae o the tree.
foRal inspections
i a oral speto, soeoe vsts the tree wth the spe purpose o perorg
a speto that s ot detal to other atvtes. he spetru o oral
speto rages ro survey wor or tree vetores, to health ad odto
assessets. hese ay e arred out through drve-y ad wal-over
spetos or groud-ased vsual hes. rve-y ad wal-over spetos are
aepted types o reasoale rs assesset uder erta rustaes. it should
e oted that relae o drve-y spetos s ot approprate usy ura areas.
ital drve-y spetos a, whe approprate, assst dedg where tree
aageet, wal-over or detaled speto ght e eessary. Wal-over
spetos ay ot dety hdde eatures, suh as ugal rutg odes tued the trees roots. ple oral speto, through groud level vsual hes the
ourse o wal-over surveys, provdes a useul, ost-eetve eas o detyg lear
ad preset sgs o edate stalty (uprootg or other strutural alure). hs
s a portat eas o detyg whe pressg ato s eeded, ludg
urther spealst speto.
detailed inspections
ve that ost trees preset a extreely low rs, t s ureasoale to expet that
every tree a gve area should reeve a detaled speto; to do so would e
grossly dsproportoate to the eet gaed rs reduto. he eed or detaled
speto typally apples oly to dvdual, hgh-value trees whh have ee
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deted ro oral oservato or oral speto, as gvg hgh-prorty
oer well-used zoes. he detaled speto s orally prortsed aordg
to the level o saety oer. it usually etals a tal groud-level, vsual
assesset y a opetet spealst loog at the exteror o the tree or sgs o
strutural alure. i a ew speal ases, urther detaled vestgatos ay e
requred, volvg oe or ore o the ollowg: sol ad root odto assessets,
aeral spetos o upper tru ad row, or other proedures to evaluate the
ature o suspeted deay ad deets, ludg usg spealst dagost tools.
etaled spetos are thereore uusual, typally reserved or trees valued or ther
hertage aety or hatat ad whh are suspeted o posg a hgh level o rs, as
already deted through ower terest or a prevous oral or oral assesset.
Who can carry out tree inspections?
wHo can ake infoRal obseRations?
People wth good loal owledge ad alarty wth loal trees are suted to
arryg out oral oservatos. ypally, ths does ot requre a tree spealst,
ut rather those losely assoated wth a property, suh as the ower, gardeer,
other eployee or aget, who uderstads the way the property s used (areas ost
ad least requeted) ad the extet o the dager, should a tree e oud that sallg apart or uprootg. eports o proles y sta or eers o the pul are a
udaetal part o oral oservatos ad should e ated upo.
wHo can ake a foRal inspection?
foral spetos do ot eessarly requre spe qualatos ut do requre
geeral tree owledge ad the alty to reogse oral ad aoral
appearae ad growth or the loalty. ispetors eed the apaty to assess
approxate tree heght ad allg dstae ro the tree to the area o use ad
whe to request a detaled speto. hey also eed a alty to reogse
ovously vsle sgs o serous ll health or sgat strutural proles, suh as
sustatal ratured rahes or a rog root plate whh, were they to ause treealure, ould result serous har.
wHo can do a detailed inspection?
etaled spetos requre a approprately opetet perso, expereed the
eld o vestgato that s to e arred out. Whoever s ossog the detaled
speto should satsy theselves as to the sutalty o the spetors
qualatos, experee ad proessoal dety ad pul lalty surae.
Proessoal odes who a oer gudae are lsted the otats seto at the
ed o ths douet. spealst volved odutg a detaled tree speto
should e ale to deostrate the reasoale ass or alloatg rss aordg to
prorty, ad dety ost-eetve ways o aagg those tree-related rss.
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ovu . The Tree Council
obios featRes
indicatin iediate
seRios stRctRal
failRe
uh eatures are surprsgly ew,ad lude:
atvely ltg root plate
heavy l atvely splttg or
reag away ro the tree
ste ratured, ovg ad
opeg eough to ph.
obios featRes tHat
ay indicate stRctRal
failRe
it s approprate to reat to treedeets as though they are all
edately hazardous. rowth
deortes ad other deets do
ot eessarly date strutural
weaess. Whe otg eatures
that ght date a lelhood o
weaess or ollapse, t s
portat that oer or rs o
alure s restrted to evets lely
the ear uture. rees exht a
wde rage o suh eatures, ad
the sope or terpretg ther
sgae s oplex,
partularly whe osderg the
lelhood o o-edate
alure. for exaple, aoales
tree growth ay date teral
deay ad hollowg; ut
aoales or ay e
attrutale to the tree havg
opesated or the deay, yehaally adaptg to atural
proesses.
a rag wth earth aroud
ase o root plate
b large avty at ase potetally
olosed wth wood deay ug
c splttg or ratures tru or
rahes
d deay old prug wouds
e rahes attahed at
struturally wea uos
e
d
c
b a
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udae relatg to speto requey vares greatly; there s o uorly
aepted requey approprate to all stuatos. he deso s a judget or the
ower, aget or advser, applyg sesle reasoale ehavour tag aout o
the ste rustaes as a ass or good prate. xaples are gve chapter 5
oeto wth several types o lad holdg ad rustaes.
General tree features to look for when inspecting treesaety speto eeds to osder eatures that ght aet the struture ad ther
sgae as hazards. fgure 3 llustrates a tree wth a rage o deets that would
e expeted to e learly detale ro a as vsual he.
Management
site consideRation
maageet optos are guded y the overall as that ght e deed a stes
strategy douet. i geeral, hoosg whh rs otrol easures to use whle
oservg the tree volves weghg up the osts ad eets. rees estow a wde
rage o eets (see ppedx 2) ad these should e osdered alog wth the
rss the tree ay preset. e ost-eetve way to redue the rs, wthout the osts
volved tree ateae, s to aage aess to the ste.
anain tHe tRees foR Habitat and aenity ale
Whe all the optos or aagg the area wth allg dstae o the tree have
ee explored or where pul exluso ro the area s ether desrale or
pratal, reedal tree wor wll e eessary. it s advsale to udertae the
u wor eessary to redue rs to a aeptale level. maageet optos
should e dsussed wth the perso arryg out the wor. Where odversty ad
hatat have hgh value, a rage o treatet optos ay e approprate to reta
axu hatat alaed wth the eed or adequate saety. Wth hgh value trees,
ellg wll e a last resort ater tag to osderato all other optos. ve whe
ellg s speed, t ay e possle to reove a trees row ad reta the uprght,dead ste or ts hatat value as a oolth. felled trees ad trus ay also e let
o the groud to provde portat deadwood hatat.
anain tHe tRees witH aRyin inspection Reies
maageet optos also lude reasg the requey ad testy o
otorg the trees odto.
anain tHe aRea witHin fallin distance of tRees
Where portat trees are oud to preset sgat rss, resoures wll uee
desos o reteto. Whe a tree rs assesset has deted a stuato requrg
ato, optos are avalale or aagg people away ro the dager zoe. hs
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etve ways o deterrg aess are:
platg rales ad thory shrus
usg logs or ples o deadwood
allowg grass to grow
leavg rushwood aroud the tree
teporary exluso adverse weather odtos
hagg the areas use, eg to hay eadow ad or grazg.
Redcin Risks by pRoidin infoRation
and inteRpRetationProvdg orato to the pul a also play a portat part aagg rss.
xplaato ad terpretato o the rss ad hose aageet optos s also
helpul reasg pul uderstadg o the ssues. hs a lude the use o
sgs ad otes, ether at pots o etry or ar pars, or out o ste.
balancin Risk witH benefits
utdoor atvty reases e weather, wth people reag loger erta
areas. i suer, oe opto to redue rs ro allg rahes s y the sple
prate o ot owg uder the trees drp-le. However, wth the play setor
there s a strog reogto that t s portat or hldre to get a to ature,ludg terato wth trees. esos eed thereore to alae eets wth
rss whe osderg segregatg trees ad people.
Insurancelatg trees to reove all rs s udesrale ad dsproportoate the lght o
all the wde rage o eets they provde. ve all the adve ad gudae
otaed ths douet s ollowed, there wll always e a resdual rs. Volet
stors ad upredtale evets a result tree alures leadg to har. isurae
provdes or suh evetualtes, as t does other spheres o le. wers are advsed
to have surae approprate to ther rustaes ad to esure that ayoe who
advses the, or does wor to trees, s also approprately ad adequately sured.
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n b , b n c i k m n m n 57
1
2
3
4
5
Reason
able,balanced
tReeRiskmanagement
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58 m m k m g m t f t
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Scenario 1: Householder
General description
cenario 1 is a deached hoe, i has severa rees and shrs. oe are on he ondary. to
rees in he ron arden overhan he conci-oned aveen and a qie, residenia road.
onersHip / control of manaGement
rb s he oner o he and, he oners have resonsiiiy and a dy
o care.
abuu
the oners are een ardeners have no secic aroricra noede and
hereore are rearded as ay eoe.
HoldinG
l 0.2 hecares
nub even rees, incdin a are an and o are ae rees.
access
privae access: here is no ic rih o ay over he and. to rees overhan he ic road.
enefits of trees
the oners enjoy heir arden and he rees in i. s e as rovidin coor, shade and
ornaena ineres, hey ive he soe rivacy ro he road and neihorin roeries.
they enjoy harvesin he ri and ns and aso areciae he idie hey arac. they
ndersand he conriion ha heir rees ae o he ider environen, in ers o he
easan eay neihorhood and ho his increases he vae o heir hoe.
natral livinG orGanisms
the oners no ha i he o rees overhanin he road ere o a or ose a i, assers-y
and road sers cod e aeced. the road is reary sed y oca, residenia rac; occasionay
this chaer conains soe scenarios deaiin sesions o ho o carry o a anaeen
ans saey coonen in a reasonae and roorionae ay. they are indicaive exaes o
assis ree oners ho shod oo or he coses scenario o heir aricar circsances.
they are: 1 Hosehoder
2 bsiness resriced or iied ic access (ar/rivae esae)
3 bsiness oen o he ic (hoe)
4 loca ahoriy rra
5 loca ahoriy ciy conci
6 lare esae ih ic access
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H w t H g u u l b p p l 61
1
2
3
4
5
Ho
wt
HisGuidance
co
uldbeapplied
eoe a y on he aveen hroho he day. s ar as saey is concerned, hey cassiy
hese o rees as he os ioran in he arden, and do no consider hese rees o e o
concern hoh hey reconise ha hey have an oiaion o reven he ro iedin access
aon he ooah and road. the reainin rees are considered o e o o iorance.
reasonale, alanced tree safety manaGement
mg the oners chec heir rees as ar o heir enera care or he hose and arden.
hey deec anyhin nsa ao he, hey ca a oca ree sreon, ho can e i
any reedia or needs o e done. there is no rear reqency o his rocess.
c s reasonae and rden andoners resonsie or rees, hey are ae o reconise
and ndersand he sinicance o ovios visa deecs and e ae o carry o heir
on insecion ha ay res in needin o oain rher advice. they se a
recoended ree sreon hey eieve is caae o rovidin sch advice and
nderain any or reqired.
r they do no ee any ora record o heir ad hoc oservaions, hey do ee
records o corresondence and invoices or any advice or or carried o.
rb they do no noray orry ao heir rees are occasionay concerned ha in
sron inds ars o a ree cod a. they have iven his hoh and ihin he
rane o coss hey have or heir roery as a hoe hey consider heir exend