Does Henleaze Junior School manage the trees growing on its site?

The request was partially successful.

Mark Clifford Durham Ashdown

Dear Bristol City Council,

Dear Bristol City Council,

I have been advised that Bristol City Council no longer maintains or manages trees growing on some sites owned by it.

In respect of Henleaze Junior School, is it a site where the responsibility for the care of the trees growing on its site has been passed to the school?

If so, please provide the following information:

1. Does the Council retain the ownership of the trees on the site?
2. If it no longer retains ownership, who does?
3. Does the Council still retain liability for any damage caused by trees on this site?
4. If it no longer retains liability, who does?
5. is this site available for tree planting by the public through sponsorship schemes such as TreeBristol or through tree-planting initiatives such as One Tree Per Child or the Urban Tree Challenge Fund?
8. Who makes decisions about the planting, maintenance or felling of trees on this site?
9. If it is not the Council, is the decision maker obliged to consult the Council before proceeding to maintain or fell a tree, whether or not the tree is growing in a Conservation area, or is protected by a Tree Preservation Order or is the subject of a planning application?

Please provide a copy of any lease entered into between to Council and Henleaze Junior School for the lease of its site.

Yours faithfully,

Mark Clifford Durham Ashdown

Bristol City Council

 
Dear Mark Clifford Durham Ashdown
 
Freedom of Information Act 2000
 
 
Thank you for your request for information that was received on 8 January
2020.
 
We are dealing with your request and we aim to send a response by 5
February 2020.
 
If you have any further queries about your request please contact
[1][email address].
 
 
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Customer Relations Team
 
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Dear Mark Clifford Durham Ashdown
 
Thank you for your request for information received on 8 January 2020.
 
Please find below and attached our response to your request.
 
I have been advised that Bristol City Council no longer maintains or
manages trees growing on some sites owned by it.

In respect of Henleaze Junior School, is it a site where the
responsibility for the care of the trees growing on its site has been
passed to the school?  Henleaze Junior School became an Academy on 1
^st October 2011 and so responsibility for the care of any trees on the
site, passed to the Academy on that date.

If so, please provide the following information:

1. Does the Council retain the ownership of the trees on the
site?  Bristol City Council (BCC) holds the Freehold of the site and so
retains 'ownership' of the site, along with 'ownership' of the trees.

2. If it no longer retains ownership, who does?  The site is let to the
Academy on a 125 year Department for Education (DfE) standard Academy
Lease.  BCC holds the Freehold of the site, but the responsibility for the
management of the trees has passed to the Academy.

3. Does the Council still retain liability for any damage caused by trees
on this site?  No.

4. If it no longer retains liability, who does?  The Academy.

5. is this site available for tree planting by the public through
sponsorship schemes such as TreeBristol or through tree-planting
initiatives such as One Tree Per Child or the Urban Tree Challenge
Fund?  Yes, but the Academy has a long leasehold interest in the site and
so consent by the Academy would be required.

8. Who makes decisions about the planting, maintenance or felling of trees
on this site? The Academy, subject to any Tree Protection Orders (TOP's)
and/or Conservation Area requirements that may exist for trees on the
site.

9. If it is not the Council, is the decision maker obliged to consult the
Council before proceeding to maintain or fell a tree, whether or not the
tree is growing in a Conservation area, or is protected by a Tree
Preservation Order or is the subject of a planning application?  The
Academy is not obliged to consult the Council regarding the maintenance,
removal or planting of trees on the site, except where 'legal' permissions
are required.  For example, if a tree is subject to a TPO, planning
permission must be obtained prior to any maintenance works or removal.

Please provide a copy of any lease entered into between to Council and
Henleaze Junior School for the lease of its site.

Please see attached

This response should answer your request in full.

Yours sincerely

Bristol City Council
 
If you're not satisfied with our response, or if you want to appeal
against any exemptions:

Email: [1][Bristol City Council request email] Write to: Customer Relations (100TS), PO Box
3176, Bristol, BS3 9FS

If you're still not satisfied with our response: You can complain to the
Information Commissioner. Find out how to do this on the Information
Commissioner Office website (link to [2]http://ico.org.uk/concerns)

NOTE: Please do not edit the subject line when replying to this email.

 
Bristol City Council
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
not the intended recipient, an addressing or transmission error has
misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email. Any views expressed in
this email are those of the individual sender, except where the sender
specifically states these to be the views of Bristol City Council.
 
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Bristol City
Council cannot accept responsibility for any loss or damage arising from
the use of this email or attachments.

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Council services: http://www.bristol.gov.uk/service
Latest council news: http://www.bristol.gov.uk/ournews
Consultations: http://www.bristol.gov.uk/consult

References

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2. http://ico.org.uk/concerns

Mark Clifford Durham Ashdown

Dear Bristol City Council,

Thank you for your helpful reply.

Is this arrangement and lease typical of all or most other educational sites which are no longer managed by the Council?

You answered 'Bristol City Council (BCC) holds the Freehold of the site and so retains 'ownership' of the site, along with 'ownership' of the trees.' Why is the word 'ownership' in quotes?

Yours sincerely,

Mark Clifford Durham Ashdown