Issue - meetings

Purpose of report

To seek approval for the adoption of the Tree Management Policies, to replace the existing tree management guidelines.

Decision

That Cabinet:

1.    Approve and formally adopt the Tree Management Policies, which will replace the Council’s existing Tree Guidelines (2019) as the authoritative framework for managing trees under South Kesteven District Council’s (SKDC) responsibility.

2.    Delegate authority to the Director for Housing and Projects to make minor amendments to the Tree Management Policies as required, in consultation with the Cabinet Member for Environment and Waste.

3.    Request that the Policies be reviewed within 3 years.

Other options considered

Not to adopt the Tree Management Policies and continue with existing guidelines. This option was discounted because:

a)    the current Tree Guidelines lacked the clarity and nuance needed to support consistent, balanced decision-making; and,

b)    they do not provide an industry-aligned risk management strategy to demonstrate that SKDC was fulfilling its duty of care, hence leaving the Council more vulnerable to claims of negligence.

Reasons for the decision

Adoption of the updated Tree Management Policies

The updated policies provided greater clarity for officers, tenants and the public. They introduced a more detailed and proportionate approach to tree-related risk management, aligned with accepted best practice and were designed to support the Council’s duty of care. Adoption would ensure SKDC managed its tree stock in a consistent, transparent and accountable way, with policies that are defensible, modern and fit for purpose.

Delegation to the Director for Housing and Projects to make minor amendments in consultation with the Cabinet Member for Environment Minor refinements may be required over time - for example, to reflect updated industry terminology, workflow improvements, or clarifications requested by service areas. Providing delegated authority for these adjustments would avoid the need for disproportionate governance processes whilst ensuring that any changes remained aligned with Cabinet’s policy intent through consultation with the relevant portfolio holder.

Existing tree guidelines were established seven years ago. An update was required to provide flexibility on the management of land.

A modern and risk-based approach to inspection was required. The draft policy document had a clearer four-part structure:

1. Pruning and removal of council managed trees – covered the council’s position on overhanging branches, nuisance issues, shading and other common issues.
2. Trees on tenanted property – defined the responsibilities of SKDC and the tenant.
3. Trees in closed churchyards – acted as a form of service level agreement for churches/church wardens.
4. Risk Management – Introduced the concept of ‘zoning’ and defines a survey and record keeping protocol.

The Policies aimed to focus resources on the risks to people and property. They were in line with proposals debated in Parliament which seemed likely to become the default for local authorities.

Environment OSC have reviewed and commented on these policies on two occasions. The first review invited Environment OSC to scrutinise the policy approach, structure and wording. The second review examined resource and cost implications.

The policies were in line with industry standards.