Tree Management Policy 2026 - 2031 revision

Contents Page

1. Introduction
2. Aim of the Tree Policy
3. Management of the Council’s Trees 
   1. Overview 
   2. Principles of risk-based tree management 
      1. Table 1 Tree risk rating 
      2. Table 2 Inspection frequency guide
   3. Seasonality and staggered inspections
   4. Tree inspections and training requirements
4. Environmental Policy 
5. Customer Policy 
   1. Informing the public 
   2. Policies for dealing with and prioritising customer requests 
6. Development and the Planning process 
7. Tree Preservation Orders 
8. Other Policies 
   1. Replacing and planting trees 
   2. Subsidence 
   3. Common law rights 
   4. Bird droppings 
   5. Blossom 
   6. Crime & Antisocial behaviour 
   7. Danger to land other than highway (private tree) 
   8. Dangerous trees requiring immediate action (private tree) 
   9. Drains 
   10. Fruit/berries/nuts/pine cones 
   11. High hedges 
   12. Leaves 
   13. Light 
   14. Nuisance to third parties – private tree 
   15. Personal medical complaint 
   16. Pollen 
   17. Poisonous berries 
   18. Sap 
   19. Solar Panels 
   20. Street light – obstruction 
   21. Telephone wires/internet cables 
   22. Tree next to building site 
   23. Tree touching building 
   24. Tree overhanging property 
   25. Tree too big/too small 
   26. Tree and TV/satellite reception 
   27. View 
   28. Wild animal/insects/pests 
9. Appendix 1 Procedure – Arboricultural works on trees 
10. Appendix 2 Frequently asked questions 
11. Appendix 3 Definitions 
12. Appendix 4 Emergency/Non-Emergency 
13. Appendix 5 Tree Survey Protocol

Introduction

Arun District Council’s trees are of significant environmental and aesthetical value to its residents. They enhance parks and green spaces, provide a habitat for wildlife, act as the District’s lungs and help to reduce the rising temperatures caused by climate change. Arun District Council recognises these benefits, seeking to preserve healthy trees and encourage the planting of new trees where possible.

Whilst the majority live and grow without incident, a number of trees pose challenges and risks that need to be managed. This policy outlines how we intend to manage the tree stock effectively, and how we reduce the risk that certain trees pose to the public.

The District Council is responsible for over 20,000 trees on land owned by the District Council. These are managed through the Council’s Greenspace Service, with practical work undertaken by the Council’s in-house Arboricultural Team.

Nationally, the risk of harm from trees is very low. Research on behalf of the National Tree Safety Group (NTSG) explored the overall level of risk to human safety from trees. The evidence demonstrated that the average individual fatality risk from falling trees and branches to the UK public during 1997–2022, the level of risk was calculated to be one in 15 million per annum.

Guidance from the NTSG and the Health and Safety Executive (HSE) clearly indicates that, in order to comply with legal obligations, the management of risks from trees should be based upon what is ‘reasonable’, therefore consideration must be given by Arun to the actual risks, alongside the availability of resources.

This tree policy does not cover trees in private ownership which are outside Arun District Council’s control. Trees in private ownership are the responsibility of the respective landowner.

Aim of the Tree Policy

The overall aim of the tree policy is to ensure that Arun’s tree stock is managed, maintained and enhanced in the most proactive manner, whilst ensuring the health, safety and wellbeing of the public and property.

The policy will provide a framework to support the council in meeting its statutory legal obligations. Key to this is the adoption of risk-based approach to the management of tree stock.

Arun District Council has many legal obligations to manage the risks associated with trees including:

• Occupiers Liability Acts 1957 & 1984

• Health and Safety at Work Act 1974

• Highways Act 1980

• Local Government (Miscellaneous Provisions) Act 1976

An adopted policy will provide support and guidance to officers and the public decision making around trees, thus ensuring a consistent and transparent approach. Much of what is included within the policy is already common practice adopted by the council, but by formalising it as a council agreed policy, it will allow the effective management of public expectations in relation to tree management.

The policy which was originally endorsed in 2018 has been revised in 2026 to take into account outcomes of the council’s own internal audit processes, updates to industry guidelines and factors that weren’t a consideration when the original policy was drafted

Management of the Council’s Trees

Overview

The council employs two office-based staff, namely a Principal Tree Officer and a Tree & Maintenance Team Manager to lead on all decisions and technical advice in relation to trees. The council have an experienced and competent in-house team of tree surgeons, the Tree & Maintenance Team (TMT), who carry out the practical work to trees. The council has utilised independent consultancy resource for the completion of tree inspections but in future plans to reduce this reliance through the employment of an Assistant Tree Officer to fulfil its statutory obligations.

The information gathered from these inspections is held on a database and locations plotted on the council’s Geographical Information System (GIS). The software package used is called ARBORtrack, which records inputted data creating an inventory of the council’s trees.

The inspection programme is primarily designed to assess the trees health and condition, whilst also highlighting any work that may be required to ensure the tree stock is properly risk managed on Parks, Public Open Spaces & Arun Housing land.

If a tree is highlighted to be posing an unacceptable risk to public safety, it will be prioritised for remedial work.

Proactive operations to manage foreseeable risks of harm or damage

As part of good arboricultural management, the removal of trees will be carried out when the removal will benefit the long-term development of adjacent better quality trees which is a key principle of good woodland and copse management. Also, prune clear low or overhanging branches next to highways, cycle paths and footpaths for trees on council owned land. Furthermore, formative pruning may be carried out following inspections, for example:

• Removal of crossing, weak or competitive branches

• Crown balancing

• Deadwood removal

• Crown lifting

• Crown thinning

Where proactive works are undertaken these will be recorded in Arbortrack.

Principles of risk-based tree management

Practical experience and knowledge, applied to real circumstances, are crucial to balancing risk and benefit concerning trees.

In addition to the outcomes from a condition survey, risk based tree management also takes account of the usage of a site and the value of assets at risk (sometimes referred to as the target value).

When assessing the condition of trees, the likelihood and consequence of failure need to be assessed along with the likelihood and potential for harm to guide whether action is justified.

The decision to prescribe work to a tree is calculated on a risk basis. Risk is calculated through the process of a visual tree assessment and in accordance with our Tree Survey Protocol. An evaluation of the tree takes into account many factors including:

• Size

• Species/cultivar

• Form and structural integrity

• Observable symptoms of disease and decay

All these factors are considered in relation to the potential target, the damage that could be caused if the tree were to fail and the likelihood of it doing so.

If defects are observed, further detailed examination may be carried out by climbed inspection or by employing external consultancy proficient in the use of a range of decay detection equipment, before a decision is taken regarding a tree’s future management

It will not always be appropriate to undertake work to trees when significant defects are identified. In some cases, the risk can be managed by reducing the target area. For example, by discouraging access though land/vegetation management.

The Tree Survey Protocol (Appendix 5) details how we instruct risk management of trees in the field.

Table 1 below illustrates the underlying principle of tree risk assessment.

Table 1. Tree Risk Rating

RISK (Likelihood of harm occurring)	Very low (1)	Low (2)	Medium (3)	High (4)	Very high (5)
HAZARD (Potential harm)
Very low (1)	(1) VERY LOW	(2) VERY LOW	(3) VERY LOW	(4) VERY LOW	(5) LOW
Low (2)	(2) VERY LOW	(4) VERY LOW	(6) LOW	(8) LOW	(10) MEDIUM
Medium (3)	(3) VERY LOW	(6) LOW	(9) LOW	(12) MEDIUM	(15) MEDIUM
High (4)	(4) VERY LOW	(8) LOW	(12) MEDIUM	(16) HIGH	(20) HIGH
Very high (5)	(5) LOW	(10) MEDIUM	(15) MEDIUM	(20) HIGH	(25) VERYHIGH

Table 2: Inspection frequency guide

The below table provides a visual guide as to the potential frequency of inspections based on a trees risk rating. It should be noted that this is only a guide as the tree survey protocol dictates that the assessor should determine the next inspection date based on their technical assessment of risk at the time of inspection and in consideration of seasonality in staggering inspections (see section 2.3)

It should also be noted that the next inspection date assumes that any remedial work identified is completed within the stated remedial period, and therefore the next inspection date is based on the risk of the tree at a residual level

Tree Risk Rating (from table 1)	Inspection Priority	Inspection Frequency/Specialist Inspection
1-4	Very Low	Every 5 years
5-9	Low	Every 5 years
10-15	Medium	Every 3 Years
16-25	High/Very High	Annually

Seasonality and staggered inspections

Good practice dictates that inspections should be staggered to encompass different growing seasons, providing an opportunity to assess trees and provide a full range of observations concerning a trees health at different times of the year. Therefore, this will mean that in practice a tree rated as high risk and subject to an annual inspection will not always be inspected on the basis of a precise twelve month gap between each annual inspection. For example, this may extend to 15-18 months. Using the ‘next inspection date’ entry inputted by the inspector in Arbortrack, the inspector will have the discretion to determine the date of the next inspection to allow for the subsequent inspection to be undertaken at a different time of year on the next visit.

Tree inspections & training requirements

There will be 2 types of tree inspections undertaken by the council

• Specialist inspections and

• General inspections supported by reactive specialist inspections.

All inspections will be undertaken by a competent person from the Greenspace Service or an external contractor/consultant with the appropriate level of training, as follows:

Specialist inspections

Inspections will be detailed condition surveys in accordance with our Tree Survey Protocol. The degree of inspection will reflect the level of risk. The details of the inspection and the significant defects identified will be recorded along with recommendations for further action and a next inspection date identified within the corporate tree database Arbortrack. Where appropriate and where risk is considered low, some trees may be inspected as a whole group (for example where large groups of maturing whips are present)

The minimum requirement is a formal arboricultural qualification, such as Level 3 certificate or diploma, accredited within the Qualifications Credit Framework (QCF) or be a certified LANTRA Professional Tree Inspector

General inspections

All parks and open spaces sites are subject to general inspections by parks staff. Whilst these inspections are not designed to assess the condition of each tree, the nature of these inspections means that all obvious and significant tree defects observed that are likely to require immediate or further action will be passed to a Tree Officer for review and recording.

The minimum qualification of a Basic Tree Inspection Course or equivalent is desirable for those staff to assist in the observation and reporting of tree related issues.

Reactive inspections

Concerns about the safety of trees within a site that might affect users or neighbours whether reported by the public, following an incident or referral from other staff will be referred back to the Tree Officer for further investigation. The inspection and any subsequent recommendations will be recorded within Arbortrack.

Environmental Policy 

Tree works shall be carried out whilst ensuring adherence to all wildlife and conservation laws including but not exclusively, the following primary legislation:

• Wildlife and Countryside Act 1981 (amended 1996)

• Countryside Rights of Way Act 2000

• Town and Country Planning Act 1990

• Environment Act 2021

• Plant Health Act 1967

Higher levels of risk will be acceptable in locations where there is a lower footfall e.g. middle of a woodland area as opposed to a highway situation. This will allow the retention of veteran trees without undue risk whilst encouraging biodiversity and habitat retention.

Retaining felled trees and deadwood in situ also provides valuable habitat for a number of plants, animal and fungi species. Where practicable and following the consideration of any associated risks, stumps and timber/cordwood from felled trees should be retained in situ. This also reduces the need to transport felled wood or create woodchip on site, thereby enhancing habitats and reducing the carbon footprint of operations.

Waste from tree surgery will be recycled, being used in a variety of situations, including mulches for shrub beds, firewood, habitat piles or dead standing timber where suitable, thereby avoiding the use of landfill sites.

Where practicable works will be scheduled in the most efficient manner in respect of minimising travelling distances to reduce CO2 emissions.

Customer Policy

Informing the public

Ward Councillors and appropriate ‘Friends Groups’ will be informed of any major works that are planned to be carried out in their ward/park.

Where deemed appropriate, neighbouring properties, which are directly impacted by works will also be informed.

Felling is the last resort and will only be carried out when deemed absolutely necessary. However, public safety is paramount and for this reason the public including local residents and ‘Friends Groups’ will not be consulted for approval as the decision is being made based on the technical capability and experience of a qualified officer of the council.

In the case of emergency works it may not be possible to inform ahead of the works being carried out.

Policies for dealing with and prioritising public requests

The council receives hundreds of requests each year from customers concerned about various aspects associated with trees and their condition/growth. Often the customers view on the ‘risk’ associated with a tree does not reflect the actual risk based on technical expertise. Many of the most common enquiries are covered by the policies listed in Section 7.

Enquiries and concerns relating to trees should be sent to parks@arun.gov.uk where the enquiry will be acknowledged and handed to an officer to deal with. The acknowledgement will contain useful links which in the majority of cases will allow the customer to serve or find the answer to their question.

The council will aim to provide response rates and where appropriate action to public enquiries in line with the below standards.

Policy: emergency tree-related issue

We will aim to acknowledge the complaint or enquiry on the day of receipt. On receipt of the report the TMT will be instructed to attend and make the situation safe as soon as reasonably practicable, which will be on the same working day wherever possible. This may involve cordoning off to restrict public access in the first instance before remedial works can be undertaken. Timeframes may vary dependent on circumstances – for example if there were widespread emergency works as the result of storm damage. In extreme circumstances and where appropriate the council may seek to employ third party contractors for additional support if available. An emergency is defined as a tree that is in immediate danger of collapse, presents a serious risk of injury to persons or property or a tree that is causing an obstruction requiring urgent attention. Full details are provided in Appendix 4.

Policy: non-emergency tree-related safety issue

A site inspection will be undertaken within 10 working days of receipt and the customer notified of what action is considered appropriate.

Policy: tree enquiry not requiring a site inspection

Customers will be informed of council policy within 10 working days of receipt of an enquiry.

Policy: tree enquiry requiring a site inspection

Customers will be informed within 10 working days of receipt that a site inspection is required and that such a site inspection will be undertaken within 10 weeks of receipt.

Why is / was a tree felled?

Policy: a response to the reasons why any one tree was felled will be given within 10 working days of receipt.

Customer Advice: Tree removal is regrettable but under a number of circumstances necessary. The decision to remove a tree is not taken lightly. Trees that need to be felled are done so because the tree has become unsafe and there is no cost-effective solution to otherwise retain the tree. Other reasons may include when a tree is out of scale with its surroundings, and its removal would benefit the surrounding trees.

Why is / was a tree pruned?

Policy: a response to reasons why a tree was pruned will be given within 10 working days of receipt.

Customer Advice: Trees are pruned for a variety of reasons including the removal of damaged or poorly formed branches, to reduce the likelihood of failure by taking 'weight' out of the tree and generally to keep a tree as healthy and attractive as possible.

Development and the Planning Process

Requests for tree works and/or removal of trees from council owned land to allow development shall be considered by the appointed Arboricultural Officer, Case Officer and the elected members as part of the decision as to whether to approve the planning application. Officers will not take this decision, although advice is provided to members through the process of the Arboricultural Officer commenting and advising as part of the application process.

Tree Preservation Orders

A Tree Preservation Order (TPO) is a legally enforceable order made by the Local Planning Authority (LPA) to protect specific trees, groups of trees or woodlands in the interests of amenity. A TPO prohibits the cutting down, topping, lopping, uprooting, wilful damage, wilful destruction of trees without the local planning authority’s consent.

‘Amenity’ is not defined in law, so the LPA need to exercise judgment when deciding whether it is within their powers to make an Order. Although some trees or woodlands may merit protection on amenity grounds it may not be expedient to make them the subject of an Order. For example, it is unlikely to be necessary to make an order in respect of trees which are under good arboricultural or silvicultural management. They are frequently made where it appears necessary in connection with the granting of planning permission.

Where relevant to an assessment of the amenity value of trees or woodlands, authorities may consider taking into account factors such as importance to nature conservation or response to climate change, although these alone would not warrant making an Order.

Further information is available via the following link on the council’s website. Tree works and preservation | Arun District Council

Other Policies

Replacing & planting trees

The council has an adopted Tree Planting Strategy which guides the council’s ambition and best practice in respect of tree planting. The Tree Planting Strategy can be found here Tree Planting Strategy 2021-2031 | Arun District Council

Subsidence

Subsidence is a complex interaction between the soil, building, climate and vegetation that usually occurs on highly shrinkable clay soils when the soil supporting all or part of a building dries out and consequently shrinks, resulting in part of a building moving downwards. Trees lose water from the leaves through transpiration that is replenished by water taken from the soil by the roots. If the tree takes more water from the soil than is replaced by rainfall the soil will gradually dry out. Trees have a large root system, and they can dry the soil to a greater depth, critically below the level of foundations. The amount of water trees can remove from the soil can vary between different species. This policy seeks to set out the Council’s response to subsidence claims against its own trees. The opposite of subsidence is a process called ‘heave’ and this occurs as a shrinkable clay soil re-hydrates (becomes wet again) and begins to increase in volume exerting upward pressure. Heave can also cause damage to buildings and is just as undesirable as subsidence but occurs less frequently.

All claims regarding subsidence will be referred to the council’s Insurer along with a brief report from the council’s Arboricultural Officer. The report will highlight if the tree is the responsibility of the Council, the age, type, and condition of the trees and any other factors that may be of importance to the claim.

The insurers for the claimant or their consultants must provide evidence of ALL the following items before any works are carried out to council owned trees.

• Physical damage

• Presence of live roots of a suitable species

• Seasonal movement or variation of the damage during different seasons

If the above evidence is provided, the council will adhere to the advice supplied by insurers with regard to what, if any, works are required to the trees.

Our response rate to this tree-related enquiry:

a) Concerns about tree-related subsidence damage:

All concerns about tree-related subsidence damage involving a council owned tree will be acknowledged within 10 working days of receipt. In our response, we will advise that you should contact your insurance provider for advice. In addition, we will advise you that you should contact us again if you wish to make a formal claim for damages or to formally notify us of your concerns about future damage. We would then respond as detailed below:

b) Claims / notice of alleged tree-related subsidence damage:

All claims or notice of claims against the council relating to a council owned tree will be acknowledged within 10 working days of receipt. In our response, we will detail what evidence we require so that we may investigate your claim. We will follow the Joint Mitigation Protocol for dealing with alleged tree-related subsidence claims and the CAVAT (Capital Asset Valuation for Amenity Trees) methodology for assigning a value to a tree.

If you believe that your property is suffering subsidence damage due to the action of trees in council ownership (or that you are concerned about potential damage) then we will respond by advising that you should contact your property insurer. You should discuss your concerns with your property insurer to agree an appropriate course of action.

Should you, or those acting on your behalf, wish to make a claim for damages, or make formal representation of your concern about future damage, alleging that a council owned tree is causing (or may cause) subsidence damage to your property, then you should contact the council. Arun District Council will manage your claim / notice in accordance with the ' Joint Mitigation Protocol'. The Joint Mitigation Protocol details the management of alleged subsidence claims where trees are implicated as being the cause of building movement. The Joint Mitigation Protocol seeks to establish best practice in the processing and investigation of tree-induced building damage including agreed standards of evidence and working timescale. In response to your claim / notice we will write to you (or your representative) and detail the level of evidence required to process your claim. The level of evidence required will relate to the value of the tree (s) implicated in your claim. On receipt of your claim / notice we will advise you of the value of the tree in accordance with CAVAT.

Common Law Right

There exists a Common Law right to remove (abate) the nuisance associated with trees encroaching onto your property. The following advice is given if you wish to exercise your Common Law right with respect to encroaching trees:

a) You can only consider removing those parts of the tree from the point where they cross the boundary of your property. You have no legal right to cut or remove any part of a tree that does not overhang your property.

b) You are strongly advised to consult a professional tree surgeon for guidance on how best to prune back encroaching trees, unless the works are trivial meaning you could do the works with hand secateurs or similar.

c) Before you consider doing any works to a tree/trees you should find out if they are protected by a Tree Preservation Order or are within a Conservation Area. If the trees are protected, you will need to gain consent by making an application / give notice to the council. To find out if the trees are protected and guidance on how to apply for works if they are protected contact Arun District Council, Maltravers Road, Littlehampton, West Sussex, BN17 5LF or visit www.arun.gov.uk

d) You are advised to discuss with your neighbour your intention to prune encroaching branches. Legally you do not own the encroaching branches, and you should offer these to your neighbour. But in all likelihood, you should consider disposing the arisings yourself.

Bird droppings

The council will not prune or fell a council tree to remove or reduce bird droppings or remove bird droppings from private land.

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.

If someone wishes to exercise their Common Law right to remove (abate) the nuisance associated with encroaching trees – see the Council’s policy 7.3 Common Law right

Blossom

The council will not prune or fell a council owned tree to remove or reduce blossom or remove fallen blossom from private land.

Tree blossom usually heralds the start of spring. Blossom is a natural occurrence, which cannot be avoided by pruning. Depending on the need, paths through parks and green spaces will be swept of blossom as part of normal maintenance programme.

If someone wishes to exercise your Common Law right to remove (abate) the nuisance associated with encroaching trees - see the Council’s policy 7.3 Common Law Right.

Crime and anti-social behaviour

Where a council owned tree is associated with criminal activity and / or anti -social behaviour, measures to reduce the problem will be considered on a site-by-site basis.

Steps to reduce the problem will typically require the coordination of a number of agencies including the police. Requests from the police to maintain views for CCTV will be considered. Pruning or felling a tree is not always the answer to the problem. Some research shows that areas with lots of trees actually help to make places safer. But neglected spaces with overgrown trees and untidy areas can encourage criminal activity and / or anti-social behaviour. The work of the council's TMT and grounds maintenance contractor aims to improve the local environment.

Danger to land other than highway (private tree)

If a tree in private ownership is shown to be a danger it will be identified for work to make it reasonably safe. The landowner will be contacted and instructed to make the tree safe (under the Local Government Miscellaneous Provisions Act 1976). If necessary, the council will undertake this work and the owner will be charged in full for the council's costs.

In an emergency a tree contractor will be instructed to attend site to make the situation safe as soon as reasonably practical. An emergency is defined as a tree that is in immediate danger of collapse or a tree that is causing an obstruction requiring urgent attention, or

If not an emergency situation a site inspection will be undertaken within 10 working days of receipt and the customer notified of what action is considered appropriate. The owner of the tree will be informed of what works they are responsible for to make the situation safe.

Dangerous trees requiring immediate action (private tree)

It is expected that private parties will take care of their own responsibilities and hence the council should not be considered as the first point of contact in attempting to resolve concerns about the danger posed by trees in private ownership. However, the council will intervene according to the powers given in the Local Government Miscellaneous Provisions Act 1976 if an owner of such trees fails to act in a reasonable timescale.

An emergency is defined as a tree that is in immediate danger of collapse or a tree that is causing an obstruction requiring urgent attention, as outlined in Appendix 3.

Drains

The council will not prune, fell or cut the roots of a council owned tree to prevent roots entering a drain that is already broken or damaged.

Tree roots typically invade drains that are already broken or damaged. Trees themselves will rarely break or damage the drain in the first place. Tree roots found in a drain are usually symptomatic of an underlying problem requiring repair of the broken pipe. In some circumstances tree roots can exert forces on drainage infrastructure. If you are concerned about the condition of your drains, then you are advised to contact your water and sewerage company.

Open or culverted watercourses may require works to trees to ensure the free flow of water, where appropriate works should be minimised.

All new tree planting must consider the choice of species, water demand, soil conditions, planting distances and their relationship between roots and underground services.

Fruit / berries / nuts / pine cones

The council will not prune or fell a council owned tree to remove or reduce the nuisance of fruit, berries, nuts or pine cones or remove such fallen fruit from private land. However, consideration will be given where fallen fruit is leading to a significant anti-social behaviour problems and risk from slips trips and falls, we will consider measures to reduce the problem including whether a phased removal and replacement with alternative species is reasonable.

Fruit trees such as apple, cherry and pear have the double benefit of spring blossom and autumn fruit. This makes fruit trees good for wildlife and a source of free food. But there are some locations where fruit trees are less desirable, for example where soft fruit would make the pavement slippery or where anti-social behaviour could encourage fruit being thrown at houses or cars.

High hedges

Part 8 of the Anti-social Behaviour Act 2003 gives local authorities powers to deal with complaints about high hedges. Provided all other avenues for resolving their hedge dispute have been exhausted, people will be able to take their complaint about a neighbour’s evergreen hedge to their local authority - Arun District Council.

The role of the local authority is not to mediate or negotiate between the complainant and the hedge owner but to adjudicate on whether - in the words of the Act – “the hedge is adversely affecting the complainant’s reasonable enjoyment of their property”.

If they consider the circumstances justify it the local authority will issue a formal notice to the hedge owner which will set out what they must do to the hedge to remedy the problem, and when by.

The guidance allows that in certain circumstances Arun may offer the service at a reduced fee, or for free, for example to the disabled, the unemployed, those on low incomes or benefits. Fees for the service will be published on the council’s website and concessions are at the discretion of the Group Head of Environment and Climate Change.

Leaves

The council will not prune or fell a council owned tree to remove or reduce leaf fall or remove fallen leaves from private property.

The loss of leaves 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, and the council is not obliged to remove leaves that may have fallen from council owned trees. Where gutters are regularly blocked by fallen leaves gutter guards may be fitted to provide a low maintenance solution.

In parks and green spaces paths or areas of hard standing are regularly cleared of fallen leaves but leaves on grass / shrub beds are generally left until the majority of leaves have fallen before they are removed in accordance with the grounds maintenance contract.

Light

The council will not prune or fell a council owned tree to improve natural light in a property.

In law there is no general right to light. Any right to light would need to be established via a specific grant (rare) or by prescription, which can only occur where the right has been enjoyed uninterruptedly for a minimum of 20-years. Following this, a legal right to light can only be enjoyed in relation to a specific opening (such as a window) in a building; there is no right to light in connection with open land, such as a garden.

Further, if these conditions are met then an owner of the building is 'entitled to such access of light as will leave his premises adequately lit for all purposes for which they may reasonably expect to be used. Further detailed information can be found here, https://www.gov.uk/government/publications/rights-to-light

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 Act, Part 8 of the Anti-social Behaviour Act, 2003.

Nuisance to third parties – private tree

The council has no authority to intervene in a dispute between neighbours, unless the dispute is covered under the High Hedges legislation.

Personal medical complaint

We will not prune or fell a council owned tree where a request has been made to do so because of a personal medical condition.

Pollen

The council will not prune or fell a council owned tree to remove or reduce the release of pollen.

Poisonous berries

The council have no general policy to remove trees bearing poisonous fruit / foliage (such as yew trees), cases will be investigated and appropriate action considered.

Sap

The council will not prune or fell a council owned tree to remove or reduce honeydew or other sticky residue from trees.

Honeydew is caused by greenfly (aphids) feeding on the tree, which excrete a sugary sap. Often the honeydew is colonised by a mould, which causes it to go black. There is little that can be done to remove the aphid which causes the problem and pruning the tree may only offer temporary relief and any re-growth is often more likely to be colonised by greenfly thereby potentially increasing the problem. Some trees, such as limes, are more prone to attack by greenfly and in some years greenfly are more common especially following a mild winter. Honeydew is a natural and seasonal problem. Where honeydew affects cars, warm soapy water will remove the substance, particularly if you wash the car as soon as possible.

Solar Panels

The council will not prune or fell a council owned tree to allow direct or indirect light to existing or proposed solar panels.

The property owner may wish to exercise their Common Law right to remove (abate) the nuisance associated with encroaching trees - see 7.3) Common Law Right.

Streetlight – obstruction

The council will undertake work to a tree in council ownership to ensure that trees do not unduly obstruct the streetlight.

When West Sussex County Council put in new street lighting or wishes to move a lighting column, consideration is made of the impact on existing trees. Similarly, when new trees are being planted, these are placed so they do not cause problems to existing streetlights.

Telephone wire/Internet cables

The council will not prune or fell a council owned tree to remove or reduce interference with telephone wires or internet cables. Cases will be investigated, and appropriate action considered. It is the responsibility of the providers who supply the service to maintain their infrastructure to customers.

Tree next to a building site

The council is not required to prune or fell a council owned tree to allow your building works to proceed, whether planning consent was necessary or via permitted development.

Tree touching building

If a tree in council ownership is touching your property (dwelling house, boundary wall, garage etc.) we will take action to remove the nuisance.

In many cases the solution will be for the council to prune the tree, but in exceptional circumstances it may be more appropriate to fell the tree. If pruning is appropriate the council will endeavour to undertake works to stop the problem re-occurring within three-years.

Severing tree roots can damage trees and cause infection, for which you can be liable; tree stability can also be affected. Alternative solutions may be available. Removing or severing roots of trees with protected status (TPO) will require a formal application.

Tree overhanging property

The council will not prune or fell a tree in council ownership to alleviate the nuisance of overhanging branches.

The nuisance caused by overhanging branches will be considered as part of our general tree-work programme.

If the property owner wishes to exercise their Common Law right to remove (abate) the nuisance associated with encroaching trees – see 7.3) Common Law Right.

Tree too big / too tall

The council will not prune or fell a council owned tree because it is considered to be 'too big' or 'too tall'.

A tree is not dangerous just because it may be considered too big for its surroundings. Other problems would need to be shown such as those described in Appendix 3 for the Council to consider it to be dangerous.

Tree and TV / satellite reception

The council will not prune or fell a council owned tree to prevent interference with TV / satellite installation / reception.

If the TV/satellite owner wishes to exercise their Common Law right to remove (abate) the nuisance associated with encroaching trees - see 7.3) Common Law Right.

View

The council will not prune or fell a council owned tree to improve the view from a private property as there is no legal right to a 'view'.

If the private property owner wishes to exercise their Common Law right to remove (abate) the nuisance associated with encroaching trees – see 7.3) Common Law Right.

Wild animal/insect/pests

The council will not prune or fell a council owned tree to remove or reduce incidence of perceived pests such as bees, wasps, or wild animals.

Advice should be taken before considering pest removal. You may be able to dispose of individual wasps using an aerosol insect-repellent spray. Ideally the whole wasps’ nest should be destroyed. This can be achieved with great caution, but it is safer and recommended to use pest control experts.

Appendix 1

Procedure - Arboricultural Works on Trees.

1. Before any work is undertaken trees will be inspected by the Tree Officer, TMT Team Leader or suitably qualified independent surveyors. An inspection sheet must be filled in and filed at the time of inspection.

2. If any work is required to any tree(s) the Tree Officer must issue a formal work instruction. This instruction must include the following information:

a. Location of tree(s)

b. Where the tree is difficult to locate a small dot of paint is to be sprayed on the base of the trunk

c. Type of tree(s) (Genus and Species or Common Name)

d. Details of the work required to the tree(s)

e. Priority of works e.g. One Month

f. Site Specific Risk Assessments

g. Location and tree ID are held in Arbortrack

3. The TMT must not carry out any work on any tree(s) without the above procedure being followed with the exception of emergency health and safety work that must be carried out immediately. In this case the Tree Officer must produce a confirmation order at the first opportunity. When the Tree Officer is not available the TMT Team Leader will carry out the above duties in consultation with a senior departmental manager.

Appendix 2

Frequently Asked Questions

Below are answers to commonly asked tree questions and general advice on trees.

Who is responsible for looking after trees?

The owner of the land that the trees grow on is usually responsible for them, but it may also be the owner’s agent or a tenant. If the Council owns the land that the tree grows on, the Council is responsible for the maintenance of the tree. If the Council does not own the land, please contact the legal owner.

Can I cut back branches that overhang into my garden?

Usually, yes. Under common law you have the right to prune back to the boundary any overhanging branches as long as you do not trespass over the boundary in any way and the pruning work would not be to the detriment of the tree. However, you should inform the owner of the tree that you will be doing this and technically you should offer the clippings back, but your neighbour is not obliged to accept them. Always check that the tree is not protected by a Tree Preservation Order (TPO) or that you are not in a Conservation Area before cutting back a tree. If it is protected in either way, common law does not apply and you will need to apply for permission from or give notice to the council.

Can the Council help remove or cut back trees from my garden?

If you are a Housing Association tenant a request should be made through your Housing Association Office. No assistance can be given to private homeowners / tenants.

Will the Council remove or cut back a tree which is growing near my garden?

Each case is looked at individually. Urgent matters, such as a dangerous tree will be given high priority. A decision on less urgent matters will be given within 10 days. Usually, the Council will not remove or cut back a tree if it is not dangerous or causing any damage to property. Shade, leaves, blossom, pollen or seed distribution are not normally reasons to remove or cut back a tree.

Do I need planning permission to plant trees?

No, you do not need to apply for planning permission in order to plant trees. However, do ensure that you are not planting trees in the vicinity of buildings whereby growing trees could damage foundations or deprive your neighbours of light.

Do I need permission from the Council before I cut down or prune trees?

In most cases the Council's permission is not required. However, you should check if the tree is protected by a Tree Preservation Order (TPO) or you are in a Conservation area.

Does a Tree Preservation Order (TPO) only cover individual trees?

No, a TPO can cover not only individual trees but also groups of trees, areas and woodland.

A tree is growing close to my house and I’m concerned the tree roots are damaging my drains, what should I do?

Talk to your neighbour; establish the extent of damage, if any. A drain survey may be necessary if you are experiencing or suspect a problem. Failed pipe joints can be a means for roots to enter pipes and eventually this may lead to pipe failure or blockage. Small roots can be pruned. If necessary, contact house insurers.

A tree is growing close to my house and I’m concerned the tree roots are damaging my foundations, what should I do?

Most foundations are able to withstand tree roots. Tree roots will not penetrate concrete. Seek the advice of a qualified structural engineer. If necessary, contact house insurers.

I am thinking of having a satellite dish installed, the signal maybe obstructed by a Council owned tree, what should I do?

There is no legal right to a satellite signal. A dish should not be installed if there is a poor signal, or likely to be in the future. An alternative location should be found. Seek the advice of a qualified engineer.

Appendix 3

Definitions

Arboriculture – the management of trees in the urban environment

Tree Officer – This can also be the Tree & Maintenance Team Leader or Manager who deputises for the Tree Officer.

Good Arboricultural Practice – appropriate tree surgery operations carried out at suitable times to promote the quality of trees and their enduring relationship with the urban environment.

Geographical Information System (G.I.S) – Computer database usually represented as a map with linked tables of data.

Dangerous – a tree can be classified as dangerous, posing a more than acceptable risk to persons or property, having been assessed of its chance of collapse and the potential damage that may result if it collapsed.

Failure Risk Assessment – An assessment based on

How could the tree fail, what defects are present, probability of failure?

Followed by

Consequential Damage – what damage would the failure cause?

Hazard Reduction – if more than an acceptable risk is present, tree pruning, removal, or relocate targets appropriate to each situation.

Decay Detection Equipment – a range of tools specifically designed to measure the extent of decay or remaining healthy timber in an individual tree.

Pollarding – the removal of all branches, leaving only a truncated limb framework, from which new branches will grow in successive seasons. Usually on a 2 – 10 year cycle, limited to a small number of species that can tolerate a harsh pruning regime.

Physical Damage – damage, usually cracking, to structures caused by incremental growth of stems or roots, or soil shrinkage due to water extraction.

Presence of live roots – taken from test boreholes dug in the area adjacent to property damage as evidence towards proving subsidence of a property.

Seasonal Movement – physical damage to structures that increases with annual growth relating to direct damage. If subsidence is present the cracking will increase in summer and reduce in winter. (Deciduous trees extract large volumes of water during summer months and dramatically less in winter when trees are without leaves).

Cyclical Works – Those undertaken at a pre-determined frequency. Usually to maintain clearance of footways, visibility splays and street furniture. Includes trees in a pollarding or crown reduction pruning regime.

Appendix 4

Emergency/Non-Emergency

If a tree poses an immediate risk of significant harm to persons or property (emergency situation) it will be made safe as soon as reasonably practicable and usually within 24 hours. If the level of risk is lower the tree will be made safe in accordance with priority ratings detailed in the Tree Survey Protocol.

Signs to look for which may mean that a tree is in such condition to warrant immediate attention include a tree which is:

a) Snapped or blown over

b) Rocking at its base – roots are damaged

c) Uprooted but held up by another tree or building

d) Large branch has broken off or is hanging off the tree

e) Blocking road, footpath, access to property

f) Fallen on to house or car

Signs to look out for which may mean that a tree is a risk to people or property, but the risk does not require an emergency response include a tree which is:

1. Dead

2. Dying - few leaves in summer or dieback in the crown

3. Bark is loose and falling off

4. Mushrooms or fungi growing on or near the tree

5. Old splits and cracks in the trunk or large branches

6. Smaller branches falling from the tree

Trees can be made safe via pruning or felling. Typically, we would employ the most cost effective approach. But, for certain High Value trees we would consider other options to reduce risk to an acceptable level including options to reduce the likelihood of the tree failing or the likelihood of persons being close to the tree if it did fail.

Appendix 5 Tree Survey Protocol

TREE SURVEY PROTOCOL

Aim: To satisfy requirements in respect of tree inspection, identified in Arun District Council’s Internal Audit Report - Tree Safety 2025/2026.

Objectives:

1) To provide clear instruction and guidance for the full (all and only that which we require) and consistent capture of tree survey data in the field,

2) To foster a consistent approach to tree hazard evaluation and risk management.

3) To establish a formal process for the identification of essential tree maintenance work flowing from this survey work (H&S only).

- all utilising our dedicated tree management software (ARBORtrack).

Risk Management of Trees

Our approach is informed by guidance from the National Tree Safety Group (NTSG).

NTSG POSITION STATEMENT

‘NTSG believes that one fundamental concept should underlie the management of risks from trees; it is that the evaluation of what is reasonable should be based upon a balance between benefit and risk. This judgement can only be undertaken in a local context, since trees provide many different types of benefit in a range of different circumstances.’

The NTSG is an inclusive organisation with representatives from governmental and non-governmental agencies and professional and corporate bodies involved in the management of trees. Its membership is open to all stakeholders with responsibility for trees.

Membership currently includes the Forestry Commission, The Arboricultural Association, The Country Land and Business Association, the Woodland Trust, the Ancient Tree Forum, The Confederation of Forest Industries, English Heritage, The National Farmers Union, The Institute of Chartered Foresters, The British Standards Institution, The Royal Institution of Chartered Surveyors, The London Tree Officers Association, the Visitor Safety in the Countryside Group and the National Trust.

Source: The National Tree Safety Group | Research into tree risk and creation of basic principles as a framework for considering and managing tree safety in the public interest.

Inspection Level

This protocol is aimed at tree specialists (arboriculturists), who possess the specific competencies and experience required to undertake comprehensive hazard evaluation and risk assessment.

The minimum requirement is a formal arboricultural qualification, such as Level 3 certificate or diploma, accredited within the Qualifications Credit Framework (QCF) or the LANTRA Professional Tree Inspector certificate.

Other personnel within our service area who may undertake general tree inspection (i.e. Parks Officer) as part of their broader responsibility for site management, are expected to apply basic risk assessment principles, looking for obvious hazards (e.g. broken/hanging branches, large items of deadwood, dead trees) and appreciating the frequency of use in any area, whilst having their own system of record keeping. They will refer more complex tree issues to the Tree Officer for a specialist inspection.

Inspection Methodology

There is no specific and overarching tree assessment methodology to be followed in the field, as each surveyor will have developed their own approach, however, ARBORtrack (hereafter referred to as the system) displays a logical sequence for data entry and provides for supporting comments at each feature identified, allowing for all relevant information to be recorded (see Appendix 1). All fields must be completed, preferably in the field at time of inspection, although the system allows for retrospective data entry.

Popular and accessible resources available to inform and guide tree hazard assessment and risk evaluation / management processes, include:

- Lonsdale D (1999) Principles of Tree Hazard Assessment and Management, the Stationery Office

- Mattheck C (2015) The Body Language of Trees, Forschungszentrum Karlsruhe GmbH

- Dunster A (2017) Tree Risk Assessment Manual, second edition, International Society of Arboriculture

- The National Tree Safety Group (2024) Common Sense Risk Management of Trees, second edition, Forest Research and the Arboricultural Association

The following principles will be applied during all site visits:

Any features (individual tree or group) no longer evident in the area of survey, will be archived. This procedure retains historic information within the system but removes it from the leading inventory pages and symbol from the map.

Any features not recorded on the system and evident in the field, will be surveyed and added to the system.

Whilst subject and beholden to the primary consideration of risk management principles; the use of group features to capture a record of multiple trees on a site is encouraged. This to ensure field survey work is as efficient as effective risk management will allow.

Off-site and overlapping trees may present a hazard to users of our sites. Where obvious from within the site, further investigation may be necessary from 3rd party land and/or require notification and reassurance of sound management. Items can be added to the system inventory and retained temporarily until such time as any risks are mitigated to our satisfaction and then archived. Only generic information need be recorded.

Any feature assigned a Dangerous risk rating, Emergency or Urgent work priority rating, demands immediate notification to the local authority Tree and Maintenance Team Manager or Tree Officer, to ensure a timely response, and to be followed up with an email. Tree Inventory - data capture

This section provides guidance for entering information into the system via Inventory, from a hand-held device (usually an iPad). There are differences in system presentation between the desktop and portable device versions, although both prompt the capture of all relevant information. Only those fields with a subjective element are included here, a majority of which are directly related to our risk management processes:

Next Inspection

A date must be entered into this field, as will inform the planned inspection programme. It is greatly influenced by present condition of the tree feature and its setting/location.

Whilst subject and beholden to the primary consideration of risk management principles; consideration should be given to staging the next inspection during a season likely to reveal different characteristics from the current, for complete observation (e.g. active growing and dormant periods for deciduous trees have a revealing canopy and a naked limb/branch framework respectively).

Age

This assessment will be influenced by knowledge of a tree type’s usual life expectancy, growing conditions and other environmental factors.

All trees on staked support and in a programme of aftercare will be classified as Newly planted.

Condition

This assessment will be influenced by observations available during the inspection. Any further detailed investigation (e.g. climbed inspection, use of specialist decay equipment) necessary will be noted, instructed and may require a revision of this rating immediately following receipt of a report.

Risk

This is a stand-alone risk rating which is derived from condition of the tree feature and its setting, at time of inspection. It is a general descriptor and will influence the date of next inspection but does not automatically generate or directly relate to a timescale commitment.

Medium, High and Very High ratings will usually demand a remedial action, i.e. tree work instruction.

Very low – Example: Isolated copse of young trees in the far corner of a large park, rarely visited and beyond the reach of any buildings, infrastructure or furniture.

Low – Example: Deadwood branches (<50mm diameter) high in crown of a large oak tree, located over an informal footpath experiencing moderate frequency of pedestrian use.

Medium – Example: Epicormic growth on main stem encroaching into pedestrian/vehicle sightlines at junction with low frequency usage.

High - Example: Large hybrid poplar in residential area; a lapsed pollard with scaffold limbs above established knuckles extending to over half of top-height in length.

Very High - Example: Mature lime tree in area of park experiencing high frequency of pedestrian traffic and inviting static use (e.g. play areas, benches, concessions, staged events) with large items of deadwood (>50mm diameter) in crown.

Tree Maintenance Work

Programmed (or routine) inspections will also identify and record any essential work necessary, i.e. that which reduces a known risk of harm to a reasonable level. That work will be assigned a priority rating which has an associated desirable timescale for completion, to assist with work programming. The latter is outside the scope of this protocol.

The system provides a logical sequence for data entry on both desktop or portable devices, within the maintenance section of the over-arching inventory, offering options for; adding a Requirement Type (the specific operation), Considerations (notable feature characteristics), assigning a Priority rating and with free-text fields for supporting comments/notes (see Appendix 2).

All information should be entered at time of inspection, although the system allows for retrospective data entry.

Non-essential work items are those without an identifiable health and safety element and should only be assigned a low priority rating.

Priority ratings (with desirable timescales for completion)

Emergency – within 24 hours

Urgent – within 4 days

Very high – 6 weeks

High – 3 months

Medium – 9 months

Low – 18 months

Document prepared by: Mark Warwick

Tree Officer, Environment and Climate Change

Arun District Council, Civic Centre, Maltravers Rd

Littlehampton, West Sussex, BN17 5LF

Date: October 2025