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• Injury or harm was caused as a breach of that duty


This is further reinforced by the Occupiers Liability Act 1957 and 1984. A recent court case - Poll v


Viscount Asquith of Morley 2006 - should be noted with interest. This case involved a motorcyclist colliding with a fallen tree. The motorcyclist made a claim against the tree owners (defendants) for damages. Judgement was awarded in favour of the


enjoying trees and treating them as a potential liability. What we must do is enjoy


our trees, manage them correctly by removing and pruning those that become dangerous and planting new ones on a sequential basis. Risk should be quantified, based upon location and potential ‘targets’ i.e. what a tree might hit if it falls. Work should be kept to an acceptable minimum, and need not become a financial


PONSIBILITY


claimant. The tree was multi-stemmed and had a fungal bracket in an obscured position growing below the fork. The tree had been inspected by a forestry worker undertaking a ‘drive- past’ inspection and the fungal bracket went unobserved. The judge ruled that the inspection regime in place was insufficient to detect this type of structural weakness and that a different, more detailed, method of inspection would have detected the warning signs. Both expert witnesses in the case were agreed that a prudent landowner with responsibility for trees adjacent to a public highway should have employed a ‘level two’ tree surveyor/inspector - someone who had sufficient training and expertise to identify, manage and assess trees for hazards.


What this judgement serves to show is the heightened need for competence in undertaking tree hazard inspections. Within the United Kingdom there are a plethora of forestry and arboricultural qualifications, ranging from levels one to seven (National Qualification Framework). Recently, Lantra Awards and the Arboricultural Association launched two new


qualifications in inspecting trees, aiming to create a standard that could be adopted throughout the industry. These include a three day course in Professional Tree Inspection (estimated NQF level 3) and an integrated assessment at the end of the course. Currently, there is British Standard for Tree Inspection which went for draft/industry consultation last year. This will undoubtedly be a critical standard for anyone monitoring the condition of trees.


tree owner?


So, where does this leave the What we must not do is stop


burden. Here are some of the common symptoms of tree defects:


• Sparse foliage, unusual colour, small leaves. Foliage is often the very first part of a tree to show symptoms of stress, and is a good tool in assessing a trees condition. The Forestry Commission assess forest health from aerial photography and colour analysis.


• Canopy die-back, dead branches. An obvious symptom, particularly in summer. However, be aware that some species


(particularly Oak) naturally ‘retrench’ to a smaller canopy size with age.


• Cracks, Splits, Bulges and Unusual Swelling. A possible sign of bio-mechanical tree defects. These are often not particularly significant, although in some cases leave the tree liable to limb shedding or failure


• Fungal Fruiting Bodies, Decay. Most fungi are best observed in Autumn, and can range from around the rooting area to the upper canopy. Decay can be monitored over time and often does not mean that the tree must be felled or pruned immediately.


• Rootplate


Movement/Leaning Tree. Sudden movement of the rootplate can be a


significant issue, particularly after high winds. Leaning trees that have always leant, should have adapted their growth to compensate. Sometimes, partial rootplate failure can be compensated for by limited canopy pruning.


Article written by Brian Higginson, Associate Director, Arboriculture, The Landscape Agency www.landscapeagency.co.uk


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