UKTC Archive

RE: Cavanagh appeal judgement/highway authority duty re private trees

Subject: RE: Cavanagh appeal judgement/highway authority duty re private trees
From: Rupert Baker
Date: Nov 05 2018 13:44:38
Hi Alistair, 
yes, you are entirely correct. Some highway authorities have employed 
external consultants to discharge this duty;  others have relied on basic 
training for their own highway inspectors.
With Chalara an imminent issue, I imagine this is being given more thought - 
esp in view of the apparent brittleness of Ash timber in trees dying of 
Chalara once dead, if you see what I mean.  There is a safety aspect re 
climbers risking their safety on such trees when dismantling, so prompt 
action to notify owners or fell tree and recharge cost is necessary.
Rupert
Atb
Rupert

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Alastair Durkin
Sent: 05 November 2018 12:27
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Cavanagh appeal judgement

Hi Phillip, I'm pretty sure it's 2016 as I described 
http://www.ukroadsliaisongroup.org/en/codes/ . The 2016 document supersedes 
three previous codes: 'Well-maintained Highways', 'Well-lit Highways' and 
'Management of Highway Structures'.

On your question, I think that’s probably right, yes. The owner has their 
duty of care, but if the Authority see a tree from their own land growing on 
third party land (they are not expected to enter private property) that is 
obviously unsafe then they are duty bound to serve notice on the owner and if 
necessary make the tree safe and charge it back to the owner. That’s my 
understanding anyway. 

Alastair

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Philip Wilson
Sent: 05 November 2018 12:07
To: UK Tree Care
Subject: RE: Cavanagh appeal judgement

Alistair,

I believe that the extant edition is 2014, and that the change in guidance 
was from 2013 to 2014.

file:///C:/Users/Philip/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloads/original_version_well_maintained_highways_85645%20(1).pdf

On a slightly different matter you might be able to comment on Section 9.6.1 
of the guidance:
'In England and Wales the highway authority is also responsible for ensuring 
that trees outside the highway boundary, but within falling distance, are 
safe.'
This seems to suggest that, for such trees, the duty of care is shared with 
the neighbouring landowner. Can that possibly be correct? The highway 
authority often cuts back overhanging branches, of course, but the guidance 
says 'safe'! 

Philip 



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Alastair Durkin
Sent: 05 November 2018 11:08
To: UK Tree Care
Subject: RE: Cavanagh appeal judgement

Back to this - On the weekend I listened to Jeremy's 2012 ISA conference talk 
on the ISA podcast. A good listen by all accounts as one might expect. Within 
Jeremy's talk he refers to the COP for Well Managed Highways and the 
stipulation of a 5 yearly inspection of highway trees being a useful 
reference. Now when I looked it up I soon realised that the COP was updated 
in 2016 and any reference to 5 yearly inspections of highway trees has been 
removed. So the COP has basically washed its hands of offering any advice on 
this important point to Highway Authorities. What a cop out!

Alastair



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Julian Morris
Sent: 25 October 2018 09:45
To: UK Tree Care
Cc: UK Tree Care
Subject: Cavanagh appeal judgement

Availabel for download

https://www.barrelltreecare.co.uk/resources/useful-documents/

Julian A. Morris - Professional Tree Services jamtrees.co.uk  and  
highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX




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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/