Tree preservation orders on WBC owned land

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Birgitta Kuhlmann-Muller

Dear Wirral Metropolitan Borough Council,

On Thursday 8th November during a phone call to Streetscene, I was informed by a WBC officer that all Wirral trees can be issued with a tree preservation order by WBC -regardless whether they are growing on public land or are privately owned. I was referred to a "Map of Tree Preservation Orders in Wirral",
Wirral.gov.uk/planning-and-building/built-conservation/tree-preservation/tree-preservation-orders,
but when I couldn't find a particular area, I was told that my electronic device ( ipad) might be the reason why I couldn't find the ref numbers.
The library computer afterwards showed me locations but no numbers.
Community volunteers state that WBC trees can NOT be issued with TPOs
Could you please let me know :

1. Which information is correct : that of the WBC officer or that of the volunteers?
Are there any trees on WBC land which carry a TPO?
2. If WBC does issue TPOs on WBC owned land : could you please provide me with ref numbers for TPO protected trees in and around Ashton Park West Kirby?
3. Could you please provide me with the amount of trees felled in Ashton Park between 2015 til today, and how many of them carried a TPO ( if issued)
4. Could you please disclose the survey for trees to be felled / or already just felled this season in Ashton Park - that should include the examination for each tree and the reason for felling.

Yours faithfully,

Birgitta Kuhlmann-Müller

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

3 Attachments

Dear Ms Kuhlmann-Muller

 

Further to your recent Freedom of Information request, please see the
Council’s response below.

 

1. Which information is correct : that of the WBC officer or that of the
volunteers? Are there any trees on WBC land which carry a TPO?

 

A local Authority can serve TPO’s in relation to trees on its own land,
however generally this is not done wholesale as it places a significant
administrative burden on the LA.  The LA would have to apply to itself and
if tree work was undertaken without an application, the LA would have to
investigate itself and/or Caution or prosecute itself.  Further there are
exemptions for the need to apply for tree work, two such being;

The authority’s consent is not required for carrying out work on trees and
woodlands subject to an Order if that work is in compliance with any
obligation imposed by or under an Act of Parliament.

 

Unless work is urgently necessary because there is an immediate risk of
serious harm, 5 working days prior written notice must be given to the
authority before cutting down or carrying out other work on a dead tree.
The authority’s consent for such work is not required.

 

The exceptions allow removal of dead branches from a living tree without
prior notice or consent.

 

Both of these exceptions cover work commonly carried out by the council.
The highways department will generally (but not always) carry out tree
work to comply with the Highways Act and for reasons of safety.   The
majority of works carried out by other departments is to fulfil the LA’s
duty of care to the public so would broadly come under the remit of the
second exemption.

 

The local authority does sometimes inherit land with a Tree Preservation
orders on it, or it may serve a TPO on land it currently owns that is to
be sold into private ownership, e.g Sylvandale, 191 Spital Road,
Bromborough  and Mendell Court, Mendell Close, Bromborough.

 

2. If WBC does issue TPOs on WBC owned land : could you please provide me
with ref numbers for TPO protected trees in and around Ashton Park West
Kirby?

 

There are no TPO’s on WBC land at Ashton Park, nor is it within a
Conservation area.  You can find more information at:
[1]https://www.gov.uk/guidance/tree-preserv...

 

3. Could you please provide me with the amount of trees felled in Ashton
Park between 2015 until today, and how many of them carried a TPO (if
issued)

 

Please see attached 2017 tree safety survey. In addition there was also a
monkey puzzle tree next to the bowling green felled.  Other trees may have
fallen of their own accord but we do not hold any further records in this
regard.  There are no TPOs in Ashton Park.

 

4. Could you please disclose the survey for trees to be felled / or
already just felled this season in Ashton Park - that should include the
examination for each tree and the reason for felling.

 

Please see attached 2018 tree safety survey for Ashton Park, which
includes the reason for work or felling.

 

 

Yours sincerely

 

 

Lynette Paterson

Principal Information Management Officer

Business Management

 

Treasury Building

Argyle Street
Birkenhead
Wirral
CH41 1AH

 

[2]Tel: 0151 691 8201

[3][Wirral Borough Council request email]

 

 

[4]LGC Awards15_Winner_MIP

 

 

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References

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1. https://www.gov.uk/guidance/tree-preserv...
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