Tree Maintenance: Guidance to Local Authorities Debate
Full Debate: Read Full DebateJim Shannon
Main Page: Jim Shannon (Democratic Unionist Party - Strangford)Department Debates - View all Jim Shannon's debates with the Department for Environment, Food and Rural Affairs
(1 day, 12 hours ago)
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I beg to move,
That this House has considered the potential merits of issuing guidance on tree maintenance to local authorities.
It is a pleasure to serve under your chairmanship, Ms Lewell. Trees—beautiful, majestic and an enhancement to an area—are one of the most visible aspects of our scenery in the UK, yet their sheer size makes their maintenance essential for public safety. Sadly, on public land, the reality is that this work is seldom done and, as we are about to hear today, can lead to devastating consequences.
Last year, I met with my constituents Fiona and Sam Hall, whose lives were changed forever in August 2020, when Fiona’s husband and Sam’s father Chris Hall was killed by a decayed tree that was known to be dangerous. Chris had left the house for a routine lunchtime dog walk on what was a warm and calm summer’s day. He took that walk in The Carrs in Wilmslow, a local park popular with residents. While on his walk, the limb of a decayed 130-year-old tree of 22 tonnes fell and hit Chris, killing him instantly. Chris was, by all accounts, a life force for good—someone who
“loved life and life loved him.”
His wife Fiona described their passion for simple things—spending their time cooking together and walking their dog. Chris’s son Sam shared how much he missed everything about his father—his laughter, his wisdom and the adventures they shared together. The loss of a loved one is a tragedy by any measure, but Chris’s death was senseless and preventable.
Cheshire East council, responsible for the tree, knew it was unsafe. A year earlier, another limb had fallen off the same tree. Ansa Environmental Services, the council’s contractor responsible for tree maintenance, found the tree had significant structural defects and recommended it be crowned, but nothing was done. The tree was not crowned, and no action was taken to mitigate its risk or warn the public of the dangers that that tree presented.
When the case went to court, it was clear that the responsibility for the incident lay with Cheshire East, and after an investigation by the Health and Safety Executive, the council pleaded guilty to breaching the Health and Safety at Work etc. Act 1974 and was fined £500,000 in November 2024. The investigation found that since its creation in 2009, Cheshire East council had no formal tree maintenance strategy. The council agreed, following the court case, to develop a tree strategy and partnership with an arborist chosen by the Hall family. The council implemented its tree management strategy in 2021.
However, despite this tragedy, and others we have heard about through the news and in the newspapers of late, there still appears to be a legislative gap, and tree maintenance across the country continues to be ad hoc. Although councillors are required to ensure public safety, there is no statutory duty on them to carry out regular inspections of trees on public land. Regulatory maintenance work is voluntary, and the extent to which councils inspect trees is left to their own discretion. When budgets are tight, maintenance is often the first thing to fall by the wayside. However, maintenance by councils must be a priority—and, in this case, tree maintenance.
To address this, Fiona is now campaigning for Chris’s law, which would require councils to maintain a register of high-risk trees identified by location, species and age, legislating for those trees to be inspected on a regular basis. This is not all trees, but a targeted approach that is manageable for councils and presents a cost-effective solution.
As beautiful as trees are, like us, they have a lifespan and a life expectancy. As they get old, they become sick and weak, can decay and get disease. It is a predictable life cycle. Some examples of common trees in the UK include birches, which tend to live for 50 to 70 years; beeches, 150 to 200 years; and oaks and sycamores, which can last for 200 to 300 years. But they all have a life expectancy. Therefore, it is safe to say that after a certain age, trees need to be inspected.
I commend the right hon. Lady. One thing that has always come to my attention—I am dealing with such a case in my office at the moment—is about finding out who actually owns a tree and who is responsible for it. We have found great difficulty, through the local council, in finding out who that would be. As we have had more storms than ever —and probably more to come this winter, unfortunately—that means a responsibility on those who own adjoining land, from which a tree may fall into another’s property.
Does the hon. Lady agree that we perhaps need a system whereby, if there is uncertainty about who owns a tree, someone can step in? That perhaps underlines what the right hon. Lady is saying. It is slightly different from the purpose of this debate, but it does highlight an issue that is probably applicable to me—and, I suspect, to everyone else as well.
I think ownership of trees and people taking responsibility for their trees is essential. In this instance, it was the local council—they were on public land—but the hon. Member is quite right that they could also be on private land.
We know, too, that there have been large drives to plant trees, particularly after the two world wars, so we can age them. The Carrs in Wilmslow was bought by the council and established as a park in 1935 and, logically, there will be a record of when those trees were planted in the park. Those are quantifiable numbers that allow a methodological approach to inspections. Without providing such structure to a maintenance strategy, cases of concern can slip through the net.