Issue - meetings

The Executive Member for Environment submitted a report for Executive’s consideration.

The previous Tree Policy was adopted by the council in 2016 and further updated in 2021. The tree policy covered the management of Trees in Middlesbrough and gave advice to residents on dealing with all Arboricultural issues and in turn dealing with any issues that may arise with trees.

The existing Tree policy had been in use for three years and was important that a review was conducted to ensure it remained effective/compliant with industry best practice. The policy review looked at current practices, changes in legislation to ensure they were all current and still relevant to the policy. It also looked at any ambiguities from the previous policy and clarified the council position. There was also an important change to the policy in that the previous point 55 (exceptional circumstances) had been removed. The final decision in relation to any works requested to any given tree would rest with Middlesbrough Council’s Area Care officers. The route for any appeal would be through Middlesbrough Council’s Complaints procedure.

The proposed revised Tree Policy now also took into consideration any advancements in technology not included in the previous version, i.e., solar panels and modern telecommunications. Policy amendments were listed in the report.  Section 26 was a new section in relation to tree planting considerations.

Section 56 (exceptional circumstances) had been removed so that it did not compromise the Executive Member’s position. Members of the public would still be given the right of appeal; however, they would now be advised to approach Middlesbrough Councils Complaints Procedure for any such disputes.

ORDERED that Executive approve Middlesbrough Council’s revised Tree Policy (amended November 2023).

OPTIONS

To remain status quo. This was not an option, as not having a Tree Policy in place would place Middlesbrough at serious risk and could result in target setting opportunities could be missed.

REASONS

The Tree Policy had been reviewed and subsequently amended to ensure it remains in line with legislation, best practice and offered clear concise guidance to all users.

The previous tree policy identified that where a dispute arose against a decision of the Arboriculturist, the matter would be referred to the Executive Member.

The correct approach would be for the matter to be dealt with through the Council’s complaints process if the person is dissatisfied, thereby distinguishing the separation of powers.