Please Ask For:  Alison Sipson
Direct Line:  01246 242383
E-mail:   [Bolsover District Council request email]
Date: 21st September 2023
 
Abdul Hai
[FOI #1028701 email]
 
Dear Abdul
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
 
Your reference number – F/336/2324
 
Thank you for your email of 18th September 2023 requesting information
about tree planting.
 
Your request is being considered under the Freedom of Information Act
2000. We aim to answer your request within 20 working days from the date
we received it, as prescribed under the Act.  
 
For your information, the Act gives you the right to be told whether we
hold the information (subject to absolute exemptions). The Act also
defines a number of exemptions which may prevent release of the
information you have requested. You will be informed if this is the case,
together with your rights of appeal.
 
If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. You will be informed if we need more time
to do this.
 
A fee may be charged for disbursements. If a fee is to be charged you will
be notified in writing.
 
If you have any queries about this letter please do not hesitate to
contact us on the above contact details. Please remember to quote the
reference number above in any future communications.
 
Further information is also available from the Information Commissioner
at:
Information Commissioner's Office
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire 
SK9 5AF 
Telephone:   0303 123 1113
[1]www.ico.org.uk
 
Yours sincerely
 
Dawn Webster
Information and Policy Officer
Performance Team
Bolsover District Council
The Arc
High Street
Clowne
Derbyshire
S43 4JY
Tel: 01246 217688
 
 
 
 
 
 
 
 
 

Disclaimer

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It is intended solely for the addressee. If this email was sent in error please notify the sender, delete the email and do not disclose, copy, distribute, or rely on it. Under the Data Protection Act 2018 and the Freedom of Information Act 2000 the contents of this email may be disclosed.
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References

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1. http://www.informationcommissioner.gov.uk/

Please Ask For:  Alison Sipson
Direct Line:  01246 242383
E-mail:   [Bolsover District Council request email]
Date:  13th October 2023
 
 
Abdul Hai
[FOI #1028701 email]
 
Dear Abdul
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
 
Reference F/336/2324
 
Your request for information has been considered and, to the best of our
knowledge, the information we hold which relates to your request is as
follows:
 
Since the 2020 financial year can you publish. (we have taken this to mean
'can you provide')
1. All documents related to where to plant trees?
 
Streetscene Department - No information held
 
Planning Department - No information held, however, through the Council’s
Bolsover Community Woodlands project, we are developing a Tree & Woodland
Strategy and this will guide where we consider trees should be planted. It
will also recommend long term management plans for both newly planted
trees and existing woodlands.
 
2. Long term management plans for planted trees?
 
Streetscene Department - Streetscene maintenance statement extract taken
from Streetscene policy section 4.9
 
Tree Maintenance
Trees situated upon Council green open space, recreation grounds, open
plan
Council housing areas will receive maintenance on a 3 to 5 year cyclical
basis, where required. However, where maintenance arises due to public
safety, maintenance will be undertaken as and when required.
The Council’s Planning Policies aim to protect trees which have historical
importance and\or contribute to the aesthetics of the District. A range of
measures are in place to protect trees; for instance by way of Tree
Preservation Orders (Town and Country Planning Act 1990) which are set out
separately from this policy.
We recognise that on occasion it may be necessary to remove trees;
however, we will not normally remove a tree unless:
 It is dead, dying or dangerous.
 In the interest of good arboriculture practice.
 It is obstructing or frustrating a statutory requirement (i.e. Highway
safety)
 There is immediate risk to the safety of people or property.
Trees that interfere with television and/or satellite reception will only
be pruned when all alternative solutions have been explored and only where
it is possible to do so without being detrimental to the health or amenity
value of the tree.
Residents in general enjoy sunlight and as a result expect to have light
to their property. However, there is no absolute right to light from
across a neighbour’s land, although, under the Prescription Act 1832, a
right to light can be acquired provided the light has been uninterrupted
for at least 20 years. This is known as an easement, which is a peculiar
legal right or privilege; however, this right applies most commonly to a
building and more particularly, to the window through which the light
enters.
For the right to be infringed, the loss of light must be substantial and
interfere with the reasonable use and enjoyment of the property. Needing
artificial light during the daytime to read a newspaper might fall into
this definition. Shading of a garden is unlikely to constitute an
infringement of a right to light Also, there is no right in law to a view
and the obstruction of a view by tree growth
cannot legally be regarded as a nuisance; unless, it is causing damage to
property arising from the land owner’s negligence to undertake proper
maintenance.
The Council recognises that trees may give rise to concerns over resident
desire to light from shading and\or unobstructed view. However, we will
not normally remove trees arising from such; rather, we may undertake
pruning operations to alleviate a resident’s concerns where this is
without being detriment to the health or amenity value of the tree.
We may selectively remove trees that are causing significant shading to
properties or gardens where formed from dense groupings of trees and some
can be removed to allow more light through without being detrimental to
the landscape, or character of the area.
Works to trees which are situated within boundaries of Council tenant
gardens, in particular those not included within our ‘Assisted Garden 
Maintenance Scheme’ are excluded from our tree maintenance arrangements.
However, where mature trees are identified, we may arrange to undertake
pruning works to maintain aesthetical and environmental value to the local
amenity; in particular, where this is considered outside the practical
scope and capability of a tenant’s gardening skills, disability and \ or
infirmity.
 
Planning Department - as per Q1 above
 
3. Survival rates of planted trees?
 
Streetscene Department - Since 2020 approximately 90 trees planted with
only one not surviving.
 
Planning Department - No information held as yet
 
Please see the link below to our website for further information:
[1]https://www.bolsover.gov.uk/index.php?op...
 
I hope that you are satisfied with our response. However, if you are
dissatisfied in any way with the handling of your information request your
next step would be to clearly state in writing why you are dissatisfied
and the Council will treat this as a formal complaint in accordance with
our Compliments, Comments and Complaints policy. The policy together with
information on how to make a complaint is available on the Council’s
website [2]www.bolsover.gov.uk or by emailing CCCAdmin[3]@bolsover.gov.uk.
 
 
I also have a duty to make you aware of the Information Commissioner's
Office, which is an independent body who monitors the Data Protection Act,
the Freedom of Information Act and Environmental Information Regulations,
and make sure organisations fulfil their legal obligations under the
Acts.  They can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Telephone:   0303 123 1113
[4]www.ico.org.uk
 
Yours sincerely
 
Dawn Webster
Information and Policy Officer
Performance Team
North East Derbyshire District Council / Bolsover District Council
Tel: 01246 217688
Website: [5]www.ne-derbyshire.gov.uk / [6]www.bolsover.gov.uk   
 
 
 
 
 
 
 
 

Disclaimer

This email is confidential, may be legally privileged and contain personal views that are not the views of Bolsover District Council.
It is intended solely for the addressee. If this email was sent in error please notify the sender, delete the email and do not disclose, copy, distribute, or rely on it. Under the Data Protection Act 2018 and the Freedom of Information Act 2000 the contents of this email may be disclosed.
This message and attached files have been virus scanned. Attachments are opened at your own risk.

References

Visible links
1. https://www.bolsover.gov.uk/index.php?op...
2. http://www.bolsover.gov.uk/
3. mailto:[email address]
4. http://www.ico.gov.uk/
5. http://www.ne-derbyshire.gov.uk/
6. http://www.bolsover.gov.uk/