Trees on the Estate
There are approximately 2M trees on Calthorpe Estate. They may be divided into:
> Street Trees (adopted roads) – managed by Amey for BCC. There are relatively few street trees in the Edgbaston Conservation Area
> Societal Trees – e.g. in public parks consequently, very few on CE
> Non-societal Trees – The majority of CE trees are on institutional, e.g. University of Birmingham, and private land.
Some Further Tree-Related Matters
> The High Hedges legislation applies to a hedge of two or more trees or shrubs and can require a hedge to be limited to 2 metres high.
> If leaves fall on your property, it is your responsibility to clear them and to deal with them, for example, by composting them to leaf mould or using the green waste bin, even if the leaves do not come from a tree on your property.
Tree owners’ obligations
Tree owners need to know their obligations with respect to trees and to understand their value.
Capital Asset Value of Amenity Trees (CAVAT) has been adopted by BCC. This method takes into account factors such as size, quality (including species), can the public see it, historical value, expected life span (including species) to generate a monetary value for a tree. This method contrasts with the previous method of valuing trees which was for their wood value only.
There should be a respect for trees because of their ecosystem services including air quality, heat island cooling, flood mitigation, enhanced human well-being – psychological and physical.
There is a societal obligation to look after trees even though they might be owned privately.
Street trees on adopted roads are the responsibility of Birmingham City Council Birmingham City Council Tree Policy (06.02.2018)
Some points to note (cross reference to sections in the report given in brackets):
> Drawn up by a cross-party group of councillors, plus others including P Muir of Treeworks (consultants to Calthorpe Estates)
> Street tree maintenance from 2010 to 2035 is covered by the BCC contract with Amey (3.5)
> Policy supports Birmingham membership of the Biophilic Cities Network (5.4.4), go to http://biophiliccities.org/
> Use of CAVAT (6.2.2 and 10.2.4)
> Policy proposes an independent Birmingham Tree Group (9.2) to inform the development of tree strategy.
> Policy aspires to increase the Birmingham Tree canopy from its current 2% to 25/30% (10.2.4) i-
Private Residential Plots
> Trees on freehold and leasehold residential properties (excluding fruit trees) are subject to the Scheme of Management (SoM) made pursuant to Section 19 THE LEASEHOLD REFORM ACT OF 1967 for the management of the Calthorpe Estate, Edgbaston, Birmingham.
> Sections 24 and 25, pages 11 to 13 of the SoM apply to trees. The above link is to the actual SoM, not to the later Guidelines
> To comply with the SoM an owner/resident requires permission for agreed tree work. > To obtain permission an owner/resident contacts Mainstay, the managing agent appointed by CE.
> The contact at Mainstay for SoM is Steve Richards at Mainstay Residential Ltd., Whittington Hall, Whittington Road, Worcester WR5 2ZX; tel. 01905 361001; firstname.lastname@example.org
> visits the property to discuss the proposed tree work.
> issues a letter to the owner/resident giving permission for tree work agreed on site.
> engages a contractor to carry out the approved tree work. There is a short list of ‘approved’ contractors available from Mainstay but an owner/resident does not have to use them.
Section 38 of the SoM prevents owners/residents from being in dispute over SoM matters. All complaints should be addressed to Steve Richards for resolution.
Trees on Calthorpe Estate Land includes amenity and street trees on private developments with private roads.
> Trees on private developments with private roads where residents pay a Service Charge are covered by the tree consultant to Calthorpe Estates (CE), Treework Environmental Practice, Bristol. The contact at Treework for CE is Paul Muir, who:
> maintains a computer-based map and inventory of the trees. Trees are tagged. This does not include trees on non-CE private land
> Inspects and reports on the trees
> Draws up an annual tree works list
> Obtains costs for the annual tree works
Residents pay for all of this and for any subsequent arboricultural work by contractors through the service charge
Tree Preservation Orders (TPO)
> A TPO is issued by a local authority where a single tree, group of trees or woodland brings amenity value to the local area.
> All trees in a conservation area (including the Edgbaston conservation area) have TPO status. There are TPO’s elsewhere on the Calthorpe Estate outside the conservation area.
> Go here for more information on TPOs
> Permission for work on a TPO tree has to be requested from Birmingham City Council (as well as CE under the SoM)