Tree risk assessment in the south-east of England
Our risk assessment follows the recommendations of the International Society of Arboriculture and the UK Arboricultural Association.
We'll discharge your duty of care under the Occupiers Liability Act 1957 (as amended) with our routine risk assessment system.
We are not affiliated with tree surgery contractors, so our mitigation recommendations are independent without conflicts of interest or conformation bias.
Trees have many benefits for humans, wildlife, and the environment, including human health and well-being. Trees are an integral part of the landscape. In some cases, they can increase the value of a property if they are healthy and growing in a harmonious relationship with surrounding built forms and infrastructure. No tree is entirely risk-free, and it is not possible to remove all the risks that trees impose without removing the tree. Decisions on the management of trees need to be balanced with the benefits they provide against a reasonable and tolerable level of risk they impose to sustain a healthy and green environment for all. With this in mind, my conclusions are balanced and proportioned to the benefits and risks of the inspected trees.
Are we qualified?
We are qualified in the International Society of Arboriculture Tree Risk Assessment Qualification (TRAQ), trained in the use of Quantified Tree Risk Assessment (QTRA), and a qualified user of Tree Risk-Benefit Management & Assessment (VALID). Professional Tree Inspection (LANTRA). Membership of the Arboricultural Association and fully insured.
Legal responsibilities -
The Occupiers’ Liability Acts (1957 and 1984) require landowners and managers to take reasonable steps to prevent foreseeable injury or damage caused by trees on their property. Tree owners, or those in control of tree management, owe a duty of care under common law to everyone the tree might injure. This includes identifying and managing risks from trees.
The Health and Safety at Work Act (1974) requires managing risks as low as reasonably practicable (ALARP).
Under common law, landowners have the right to prune back overhanging branches or encroaching roots to their boundary, provided the work is reasonable and does not damage the tree. However, this right is overruled by statutory restrictions, including tree preservation orders (TPOs) or conservation area legislation, which must be observed.
Local planning authorities have powers under the Town and Country Planning Act 1990 to serve tree preservation orders (TPOs) on trees where it is expedient in the interests of public visual amenity. Written consent from the local planning authority (LPA) is required for work to live tree parts unless it is to abate a nuisance or an imminent risk of actual harm. Unauthorised work on a TPO tree may result in prosecution, substantial fines and custodial sentencing.
In conservation areas designated under the Planning (Listed Buildings and Conservation Areas) Act 1990, trees with a stem diameter exceeding 75 millimetres at 1.5 metres above ground level are protected. Written notice must be served on the LPA at least six weeks before carrying out any work. Work must not proceed until the LPA confirms no objection or allows the six-week notice period to lapse. The LPA cannot refuse the work but must instead serve a TPO to prevent it from proceeding. Unauthorised work carries penalties similar to those for TPO violations.
Wildlife and Countryside Act 1981 (as amended) and conservation regulations: Tree work must comply with wildlife protections, including those outlined in the Wildlife and Countryside Act 1981 and The Conservation of Habitats and Species Regulations 2017 (as amended). Other legislation includes the Wild Mammals (Protection) Act 1996 and the Natural Environment and Rural Communities (NERC) Act 2006.
These laws protect habitats for species such as inter alia nesting birds and bats. Deliberately or recklessly disturbing or damaging bird or bat roosts is an offence. Trees should be inspected before any work commences, and if bats are suspected, advice should be sought from the National Bat Helpline on 0345 1300 228.
As far as possible, tree work should officially avoid the bird nesting season (Natural England) from February until August. However, the busiest time is from 1 March until 31 July. Pre-work ecological surveys by licenced specialists may be necessary to identify the presence of and risks to protected species.
If evidence of a bat roost or nesting bird is discovered during work, operations must cease immediately, and advice should be sought from Natural England, an ecologist or a local bat conservation group.