Tree Strategy
This strategy sets out the responsibilities Inverclyde Council has in the management and maintenance of its own tree stock and provides general advice on tree related enquiries
It includes information on how we maintain our duty of care to the public with regards to trees on land managed by Inverclyde Council.
Also included is general advice on trees on private land and how issues can be reported.
Dangerous Trees
If a Council owned tree is in such a condition that it poses a 'high' risk to people or property, and is considered to be an emergency situation, the Council will make the tree safe as soon as possible.
Council owned tree
If a Council owned tree is identified as dangerous, but the risk to the public is not high, then the tree will be made safe depending on the degree of risk identified at the time of inspection. Trees may be made safe by pruning or felling and the most effective approach will be undertaken.
Where dead or dying trees are removed from Council land, they will be replaced. If this is not possible a tree will be planted at a more suitable location. It may not be possible to replace trees on a like for like basis.
Tree on Private Land
The Council has no authority to intervene where a privately owned tree affects the occupiers of neighbouring properties. Prior to undertaking any works, whether for cosmetic purposes or where a tree is posing a threat you should ensure that the tree is not within a Conservation Area or is the subject of a Tree Preservation Order before carrying out any work.
Further information can be found by following the link to Council's Tree Preservation Orders webpage.
Nuisance to third parties/neighbouring trees
Householders have a Common Law right to remove (abate) the nuisance associated with trees encroaching onto their property. The Council will not prune back trees where they encroach onto a neighbouring property whether this is a tree on Council land or private land. Prior to undertaking any works, you must satisfy yourself that the tree does not come under any Tree Preservation Order or lies within a Conservation Area.
Further advice is available by following the link to the Resolving Neighbourhood Disputes webpage.
Determining Ownership
The Council does not have a duty to investigate the condition of trees on land they don’t own or occupy nor are they required to determine the ownership of land. The Council will only investigate land ownership where someone else’s tree is causing a danger to a public road or other Council property.
If the land on which the tree is growing is unoccupied and you don’t know who owns it, it may be possible to trace the owner online, via the link to Registers of Scotland website.
Customer advice
An emergency is defined as a tree that is in immediate danger, as outlined below: High risk (Emergency) If a tree poses an immediate and present danger of collapse, or is causing an obstruction requiring urgent attention, it will be made safe immediately or as quickly as possible. Signs to look for which may mean that a tree is in such condition to warrant immediate attention include:
· Snapped or blown over
· Rocking at the base - roots are damaged
· Uprooted but held up by another tree or building
· Large branch has broken off or is hanging off the tree
· Blocking road, footpath, access to property
· Fallen onto a property or vehicle Medium or low risk
Signs to look out for which may mean that a tree is a risk to people or property but does not require an emergency response include a tree which is:
· Dead
· Dying - few leaves in summer or dieback in the crown
· Bark is loose and falling off
· Mushrooms or fungi growing on or near the tree
· Old splits and cracks in the trunk or large branches
· Smaller branches falling from the tree
The public can report a dangerous tree by using The Contact Us link with details of nature of hazard, location and a photograph if possible.
Duty of Care Inspection of Trees
The Law does not consider trees in themselves to be dangerous, however the Council has a duty of care to take reasonable steps to prevent or minimise the risk of personal injury to their employees, any contractors and the public, or damage to property, arising from the presence of any of its Council owned trees at a site.
The Council has a proactive programme of inspections where Council owned trees in the proximity of buildings, within parks or adjacent to paths and roads, are inspected by an independent 3rd party on a rolling three to five year basis to ensure they do not pose any unnecessary risks to public or property from being in a poor condition.
Grounds maintenance staff also report any incidents relating to Council owned trees while they are undertaking their normal duties. The Council also undertake regular tree maintenance to ensure trees remain in the best possible condition.
Only trees which warrant work or further assessment are assessed and recorded, this enables the Council to prioritise any work required to be undertaken.
If work has been identified and requires remedial action, the timeframe is as follows,
Priority – Work completed within 2 to 3 weeks
Non-Priority – Work completed within six to twelve months
Reactive - Only inspected following the notification of an issue or if an officer is on site for another purpose. These are trees which are in remote sites, or locations which are infrequently used and where there would be no damage to structures or surfacing.
Please note the above strategy on tree inspection applies to trees managed on Council land. Any tree removed will be assessed for replacement planting with a tree of a species and size which is suitable for the location. On occasion an alternative location may be identified for any replacement tree.
Blocked Light or View
Council owned trees will not be pruned or felled to improve natural light in a property or to open a view. The Council has no authority to intervene where a privately owned tree affects the occupiers of neighbouring property and will therefore not get involved. The exception to this would be where the pruning of the trees could reasonably be enforced under the High Hedges (Scotland) Act 2013 (see below).
Natural Light
In law there is no general right to light or a view in Scotland. If natural light is being blocked by the growth of a hedge, then action may be taken to reduce the problem under the High Hedges (Scotland) Act 2013.
More information can be found by the following links to High Hedges webpages.
Leaves, Berries, Sap, Fruit, Bird Droppings & Wild Animal or Insect Pests
Council owned trees will not be pruned or felled to remove or reduce leaf fall, berries, sap and fruit, reduce bird droppings or the incidence of perceived pests such as bees, wasps, or wild animals.
The loss of leaves, berries and fruit from trees in the autumn is part of the natural cycle and cannot be avoided by pruning. The maintenance of gutters is the responsibility of the landowner / householder, and the Council is not obliged to remove leaves etc. that may have fallen from Council owned trees.
Bird droppings may be a nuisance, but the problem is not considered a sufficient reason to prune or remove a tree. Nesting birds are protected under the Wildlife and Countryside Act (and other related wildlife law). Warm soapy water will usually be sufficient to remove the bird droppings.
Bees are protected species, and professional advice should be taken before considering their removal.
Bats are protected under the Wildlife and Countryside Act (Schedule 5) and the EU Directive Conservation of Habitats and Species Regulations 2010. These make it illegal to intentionally or deliberately kill, injure or capture bats; deliberately disturb bats, whether in a roost or not; or to damage, destroy or obstruct a bat roost. Given that trees can be significant hosts to bat roosts, inspections must precede works where bat roosts are suspected.
Vandalism to trees
Inverclyde Council encourages local communities to report incidence of vandalism to trees owned by the Council by using The Contact Us link.
Where possible the Council will plant trees that are less susceptible to vandalism.
Memorial trees
Please follow the link for information on The Council's Memorial Tree policy
The Council will accommodate memorial trees wherever possible, however in some locations there may not be sufficient space to do so.
If anyone is interested in having a commemorative tree planted in one of the Council’s parks or open spaces they can get in touch using The Contact Us link.