Agenda item

Report of the Director of Streetscene and Regulatory Services

To consider the above petition currently bearing 167 e-signatures, which is being supported by Councillor Heaven, a Wainbody Ward Councillor who has been invited to the meeting for the consideration of this item, along with the petition organiser.

The Cabinet Member considered a report of the Director of Streetscene and Regulatory Services concerning a petition, bearing 170 e-signatures, requesting that the tree on the corner of Beanfield Avenue and Medland Avenue be saved from felling. The petition was supported by Councillor Heaven, a Wainbody Ward Councillor, who spoke in support of the petition. The petition organiser was invited but was unable to attend the meeting. A local resident spoke on behalf of the petitioners.

The Cabinet Member had considered the petition prior to the meeting and requested that the petition was dealt with by determination letter. On receipt of the determination letter, the petition organiser had requested that the petition be considered at a Cabinet Member for City Services meeting.

The report indicated that on 28 July, 2021, the Urban Forestry Officer was notified by Travel West Midlands, that one of their buses had struck a tree on Beanfield Avenue. The tree was a mature pollarded European Lime tree Tilia x europaea situated close to 89 Beanfield Avenue and a bus stop. The tree was pollarded once every 5 years. As the bus was manoeuvring from the stop and around some parked vehicles, it hit the tree. The damage would be dealt with by Travel West Midlands on this occasion, as they determined that the tree was not over the carriageway.

The Urban Forestry Officer had assessed the tree and found that the wound on the upper limb indicating the point of impact was directly over the kerb. The Design Manual for Roads and Bridges required that all highways should have a ‘Structure Free Zone’ of 450mm behind the kerbline, that allowed for a high sided vehicle to lean with the camber of the road surface. This defined that the tree is question was within the zone and that the Council should take action.

The report highlighted that nearly all trees, particularly those in Beanfield Avenue, were within this zone, but it would be unreasonable for the Council to remove them all, as most would not cause damage and so there was no expectation or duty to remove them all as part of active maintenance. Only those which were foreseen as going to cause damage or injury required action of some sort. The Cabinet Member was informed that when notified of a collision incident, the Council had to take action, to prevent a similar event occurring. A failure to take action would be seen by any court as negligence.

Many residents had commented on the type of bus that was deployed on the number 9 route that takes in Beanfield Avenue and had requested that this be reverted to the older type of single deck buses that were operated a few years ago. This was a matter for Travel West Midlands and had no effect on this tree and how the City Council managed it. The incident had occurred so consequently action was needed to prevent a negligent situation in the future.

The report set out a number of options for dealing with the tree which included remove and replacement the tree with a Norway Maple variety called ‘Perfect Upright’ which would reduce the need for constant pruning away from highway and property. It would also increase the species diversity of the road which would help to work against the risk of tree loss through pests and diseases. Pruning the tree was another option but this would lead to decay in the main trunk in the coming years and the amenity value of the tree would be reduced significantly.

The preferred option was to narrow the carriageway of the road by placing road markings on the edge of the carriageway. This would provide visual warning to drivers, of the presence of the tree on the edge of the carriageway. This option would not completely cancel out the liability that existed after the first damage event, but it demonstrated that action was being taken to prevent a similar event from occurring again. The Cabinet Member noted that placing reflectors on the tree could also be considered. The cost of undertaking the work could be met from within existing highway revenue resources. This option also provided time for the Council to progress the consultation on how the Urban Forest was managed in Coventry.

The spokesperson for the petitioners detailed the parking issues in the street and highlighted that many buses had made the same manoeuvre over the years and there had never been an issue before. Consequently, the isolated incident was likely to be a result of driver error. Concerns were expressed about the positioning of two bus stops which were directly by street trees. Support was expressed for the option of hatched markings on the carriageway by the tree rather than removal and replacement of the tree or pruning. Reference was made to the physical and mental health value of trees.

Councillor Heaven highlighted the importance of trees, also supporting the preferred option to progress the matter.

The officer informed that the City Council certainly recognised the importance of trees. The Council’s first tree strategy was nearing completion. It was the intention to plant a tree for every resident in the city, with the programme starting this year.

RESOLVED that:

1)  Having considered the content of the petition, the concerns of the petitioners be noted.

2)  The potential options outlined for dealing with the tree be noted.

3)  The option of narrowing the carriageway of the road by placing road markings on the edge of the carriageway be endorsed.