LEISURE AND COMMUNITY POLICY PANEL –12 JUNE 2007
EXECUTIVE COMMITTEE – 25 JUNE 2007
PART I - NOT DELEGATED
11.URGENT TREE WORKS
(DLE)
1.Summary
1.1To advise the Panel on the requirement for urgent works to trees.
2.Details
2.1Lime avenue adjacent to the RoyalMasonicSchool (RMS):
2.2Following the failure of one of the Lime trees across the access drive to the RoyalMasonicSchool on Saturday 31 March, officers have surveyed the site to identify all works which need to be undertaken for health and safety reasons.
2.3The proposed works comprise the removal of 16 trees, the repollarding of 49 trees in the avenue to a point 2-3ft below the old pollard points and an extra reduction in height to a further 6 trees within the avenue.
2.4These works are significant and require specialist platform and crane equipment for which our arborists have no training. It is also a very large job, which it would not be practical for our team of two arborists to undertake.
2.5Officers are currently seeking three quotes for these works, with only one being returned to date quoting a price of £21,620. Officers have reviewed this quote and feel that this is a very reasonable price; however officers are continuing to pursue further quotes.
2.6Due to Health and safety implications these works are of an urgent nature. Officers would therefore recommend that the work be undertaken as soon as possible once the school has broken up for the summer holidays. It is considered that for the works to go out to full tender as specified in the Three Rivers Constitution would cause unnecessary delay and therefore officers request that, subject tomembers’ approval, that works proceed by not going to full tender but selecting the best of three quotes received from suitably qualified arboricultural contractors, as to do otherwise will cause significant delay to the works.This can be done under Contract Procedures, Rule 5 (a) (iii) of the Councils Constitution.
2.7The Avenue falls either side of a public footpath, so officers would be undertaking the works in full consultation with the Hertfordshire Rights of Way Team and also taking account of advice received from Hertfordshire Biological Records Centre (HBRC) with regard to bats and nesting birds.
2.8The tree works are to be undertaken because in their current condition the trees are structurally unsound. The public footpath is well used by both school children and others and as such the potential target if a further tree failed is a human life. The station car park, parts of the MasonicSchool car park and the vehicular access drive to the school are all within the target area should a tree or parts of a tree fail.
2.9All of the trees were pollarded around 40 years ago and as such the points at which the trees were reduced to are weak points in the structure. It is usual practice to repollard trees which have been pollarded because of this.
2.10The best trees are all to be reduced to a point just below the previous pollard points. This is to ensure that any decay pockets around the old pollard points are removed preventing arising branches from ‘breaking out’. Where significant decay is evident around the old pollard points (in 5 Lime and 1 Horse Chestnut) the trees are to be reduced back further to take account of this.
2.11In terms of amenity it is important to recognise that the avenue is a significant landscape feature in Rickmansworth and that all of the avenue trees should be managed as far as possible in a similar manner, or else this would detract significantly from the amenity of the area.
2.12Trees adjacent to Chiltern/Tube Line within Pheasants/Solomans Wood, Rickmansworth:
2.13Following an incident during the storms of February when a Silver Birch growing within Pheasants Wood failed and fell across the Chiltern Line a survey of other trees in the area had been undertaken. The incident resulted in a train colliding with the tree and the closure of the line for a number of hours, causing significant disruption to service. A letter was received from Metronet regarding this incident and the TLU have since been working with representatives of Metronet. Together they have agreed the extent of works which are necessary within the woodland where it abuts the railway line, to prevent any similar occurrences in future.
2.14The TLU have sought a quote for this work from only one company Arbortech, who are a specialist arboricultural company familiar with the requirements and additional health and safety requirements of working in close proximity to railway lines.
2.15A quote has been received from this company for the works at £10,700 and this has been assessed by Officers and considered to be reasonable.
2.16Due to the fact that there is potentially a very significant risk of death, injury or disaster with unsafe trees being retained in close proximity to the railway line, it is considered that we instruct these works on the basis of this quote, without the need to go out to tender due to the significant Health and safety related issues and consequent risk to the Council should another such incident occur.
2.17Trees adjacent to Chiltern/Tube Line within Carpenters Wood, Chorleywood:
2.18As a direct result of the above incident, it was considered appropriate to survey our only other woodland which may impact significantly on a railway line.
2.19As a result of this survey it has become apparent that a further eight trees within this woodland will need to be removed due to the fact that they are in a dangerous condition adjacent to the railway line.
2.20The TLU is currently seeking a further quote from the company detailed above for these works. This will be verbally reported at the meeting, however it is anticipated to be approximately £8,000.
3.Options/Reasons for Recommendation
3.1The works detailed above are necessary to ensure the continued safety of the public when using these open spaces and the railway in close proximity to our woodlands.
4.Policy/Budget Implications
4.1The recommendations in this report are not within the Council’s agreed budget. The recommendations are within the Council’s agreed policies:
2.2. “To conserve open spaces and make them accessible to the public by
2008”
5.3 “We will manage risk”
5.Financial Implications
5.1There is a financial cost of around £40,000 to enable all of the works detailed above to be undertaken. This is currently unbudgeted for. This will be firmed up in more detail as further quotes are received and reported to the meeting. Currently no equivalent savings can be found in the 2007/08 Leisure revenue budget; however officers will continue to monitor budgets and report any potential savings during the year.
5.2
CASH IMPLICATION / Current Year 2007/08£ /
2008/09
£ /
2009/10
£ / Future Years per annum
£
Revenue
Expenditure / 40,000 / 0 / 0 / 0
Income/savings / 0 / 0 / 0 / 0
Net Commitment / 40,000 / 0 / 0 / 0
6.Legal Implications
6.1Enquiries disclose that the Council is the owner of the land on which all of the subject trees are situate. If the Council did not undertake the detailed works, and an incident occurred involving these trees which resulted in damage or loss of life, it is likely that the Council would be liable in civil law. In the event of a fatal accident, there are possible criminal law implications as well.
6.2 Under Rule 5 (a) (iii) of the Council’s Contracts Procedures Rules, works, services or supplies may be procured without the invitation of tenders where the need is urgent. The action must be reported to the next meeting of the Executive Committee. Officers do not believe there is sufficient time for a full tender exercise in this case and wish to proceed as set out in this report.
7.Equal Opportunities Implications
7.1Relevance Test
Has a relevance test been completed for Equality Impact?There is no proposed change to current policy. TRDC are legally obliged to keep its trees and woodlands in public open space in a safe condition. / No
8.Staffing Implications
8.1It is not practicable for our in-house team of two arborists to undertake the work alone, due to the size of the job and also that they are not currently trained in the use of platforms or cranes, or working in close proximity to railways.
9.Environmental Implications
9.1These works if undertaken will result in safer public open spaces and railways in close proximity to TRDC woodlands.
9.2Consultation with HBRC in the case of the avenue of trees adjacent to the RMS will ensure that protected species will be protected where possible.
10.Community Safety Implications
10.1It is necessary to ensure that these works are undertaken to ensure that the public are safe when using our open spaces and railways in close proximity to TRDC woodlands.
11.Customer Services Centre Implications
11.1Subject to members’ approval there may be an increased amount of calls when works are undertaken to the avenue adjacent to the RMS due to their visibility from A404 and the station car park and therefore prior to the works commencing, limited consultation will be undertaken and an information sheet will be provided to CSC.
12.Website Implications
12.1None specific. The works can be added to the TRDC website for general information
13.Risk Management Implications
13.1The Council has agreed its risk management strategy which can be found on the website at The risk management implications of this report are detailed below.
13.2The subject of this report is covered by the Leisure service plan. Any risks resulting from this report will be included in the risk register and, if necessary, managed within this plan.
13.3There are no risks to the Council in agreeing the recommendations.
13.4The following table gives the risks that would exist if the recommendation is rejected, together with a scored assessment of their impact and likelihood:
Description of Risk / Impact / Likelihood1 / Tree failure causing damage to property. / III / C
2 / Tree failure causing loss of life. / IV / C
3 / Tree failure causing a disruption to rail service resulting in a claim from rail operator. / III / C
4 / Tree failure causing rail accident/disaster / V / C
13.5Of the risks detailed above none are already managed within a service plan. The Panel should note that officers are currently surveying the Councils tree stock on a rolling basis. Officers will submit future reports to the Panel as this work is undertaken, this will enable the risks associated with the tree stock to be identified and added to the Service Plan. The issues identified in the report above have come to light as part of this process, but only post the clear up operation undertaken following the winter storms.
13.6The above risks are plotted on the matrix below depending on the scored assessments of impact and likelihood, detailed definitions of which are included in the risk management strategy. The Council has determined its aversion to risk and is prepared to tolerate risks where the combination of impact and likelihood are plotted in the shaded area of the matrix. The remaining risks require a treatment plan.
Likelihood / A / Impact / LikelihoodB / V = Catastrophic / A = >98%
C / 1,3 / 2 / 4 / IV = Critical / B = 75% - 98%
D / III = Significant / C = 50% - 75%
E / II = Marginal / D = 25% - 50%
F / I = Negligible / E = 2% - 25%
I / II / III / IV / V / F = <2%
Impact
13.7In the officers’ opinion none of the new risks above, were they to come about, would seriously prejudice the achievement of the Strategic Plan and are therefore operational risks. The effectiveness of treatment plans are reviewed by the Audit Committee annually.
14.Recommendation
That the Panel recommends to the Executive Committee:
14.1That officers are requested to undertake the works to trees detailed in the report as a matter of urgency
14.2That a one off revenue growth item of £40,000 in 2007/08 be approved to be met from balances to undertake the works.
14.3The Members agree in the case of the avenue at RoyalMasonicSchool that the contractors that provide the lowest quote can be instructed to carry out these works without the need to put the work out to full tender as detailed in the Contract Procedures Rule 5 (a) (iii).
14.4That Members agree in the case of woodland works adjacent to Chiltern/Tube lines that the one specialist company who has quoted for the work, be instructed to undertake the works, subject to evaluation of the cost by the Arboricultural Officer and pursuant to Rule 5 (a) (iii) above referred to
Report prepared by:Julie Hughes, Principal Landscape Officer
Background Papers
None
APPENDICES / ATTACHMENTS
None
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