Oak Tree: La Haule Hill: Visite Royale: Court Order: Narrowing of road to save tree

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 16 November 2012:

Decision Reference: MD-T-2012-0088
Decision Summary Title :	Visite Royale on La Haule Hill – Le Mont au Roux		Date of Decision Summary:	06 November 2012
Decision Summary Author:	Manager of Highways and Infrastructure		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Visite Royale on La Haule Hill – Le Mont au Roux		Date of Written Report:	06 November 2012
Written Report Author:	Manager of Highways and Infrastructure Manager of Parks and Gardens		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Court Order requesting Transport and Technical Services to save an oak tree that has encroached on to the Public Highway by making the road safe.
Decision(s): The Minister has decided to narrow the road to allow a further 10 years of tree growth and plant a semi mature tree close by such that when the oak tree has to be removed in 10 years time a replacement will be in place.
Reason(s) for Decision: Removing the tree at this time may cause negative public reaction. The cost to move the road is estimated at £83,750, excluding fees, a figure difficult to justify in the present economic climate. Narrowing the road to allow a further 10 years of growth and planting a semi mature tree that will eventually take its place is considered to be the most practical solution.
Resource Implications: The road narrowing will be undertaken by Transport and Technical Services Direct Labour Team.
Action required: Should the Court be agreeable to the removal of the oak tree, the Minister undertakes to the Court to: Narrow the road by 400 mm and realign the centre line; and Instruct officers to plant at least one semi-mature English oak tree close by such that when the tree has to be removed in 10 years time a replacement will be in place.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Oak Tree: La Haule Hill: Visite Royale: Court Order: Narrowing of road to save tree

TRANSPORT AND TECHNICAL SERVICES DEPARTMENT

VISITE ROYALE – TREE ON LA HAULE HILL

INTRODUCTION

During the Visite Royale in the Parish of St Brelade held on 15 August 2012, the Court ordered that an oak tree growing on States land had encroached on to the Public Highway. The Court ordered that Transport and Technical Services must provide to the Inferior Number of the Court proposals as to how the tree could be saved and the road made safe.

DISCUSSION

At the Visite Royale the Court was asked to determine whether or not a large oak tree growing over Le Mont au Roux, St Brelade was encroaching on to the public highway. The Court ruled that the tree was encroaching on to Le Mont au Roux and therefore contravened the Lois (1914) sur le Voire. It also ruled that the tree constituted a potentially serious danger to the public. As a result, the Court ordered that the States of Jersey Transport and Technical Services Department should, ‘within three months, provide to the Inferior Number of the Court proposals as to how to save the oak tree and to make the road in question safe’. This gives a deadline for submission to the Inferior Number of the Court of 15 November 2012.

A copy of the Court Order is attached together with a photograph showing the location of the tree.

The Oak in question is a very large English Oak approximately 150 years old in good condition. There are no signs to indicate that this tree is any way unsafe or suffering from any disease or serious decay. In its present condition it would be expected to live at least another 100 years.

The encroachment has been caused by the lean of the tree as it grows towards the light over the road and also by the annual increase of the girth of the trunk of the tree. The actual encroachment is approximately 150mm caused by the main trunk of the tree and not by any branches of the crown which are well above the 12 feet required for the Branchage.

There is no evidence that the tree has been hit by any high sided vehicle.

Remove the Tree

The Court has ordered that TTS provide the Inferior Number of the Court with proposals as to how the tree can be saved. It should be noted that due to the very large size and age of the tree there may be some negative public reaction to removing the tree. This negative reaction could be mitigated by ensuring that the tree is replaced with at least one semi mature extra Heavy Standard English Oak.

Widen Le Mont au Roux

Following discussions with TTS Traffic and Civil Engineers, the only way to ensure the tree will survive for a further 100 years is to widen the road away from the tree.

Any road widening scheme would need to accommodate the tree’s future growth over at least the next 100 years. It is estimated that the encroachment will increase by approximately 5mm each year as the tree continues to grow, increasing the encroachment over 100 years by 500mm. There is already an encroachment of approximately 150mm and therefore the road would need to be widened by a minimum of 1 metre. The grass verge south of Le Mont au Roux and directly opposite the tree is approximately 1 metre in width, this grass verge then drops steeply finishing approximately 2.5 metres below road level. If the road was widened as is being suggested, it would be necessary to engineer a support for the widened road in the form of a retaining structure and therefore the costs of the project would be extremely high. TTS Engineers have estimated a minimum cost of £83,750 based on similar structures recently constructed.

Narrow the Road Width

TTS Traffic Engineers have advised that the road can be reduced in width by 400 mm and by realigning the centre line it is estimated that the tree could survive another 10 years outside of the 12 foot Branchage height restriction. The cost of this road realignment is £10,000.

RECOMMENDATION

TTS have recommended to the Minister to narrow the road to allow a further 10 years of tree growth and plant a semi mature tree close by such that when the oak has to be removed in 10 years time a replacement will be in place.

DECISION

The Minister has decided to narrow the road to allow a further 10 years of tree growth and plant a semi mature tree close by such that when the oak has to be removed in 10 years time a replacement will be in place.

REASON FOR DECISION

Removing the tree at this time may cause negative public reaction. The cost to move the road is estimated at £83,750, excluding fees, a figure difficult to justify in the present economic climate. Narrowing the road to allow a further 10 years of growth and planting a semi mature tree that will eventually take its place is considered to be the most practical solution.

ACTION REQUIRED

Should the Court be agreeable to the road being narrowed, the Minister undertakes to the Court to:

Narrow the road by 400 mm and realign the centre line; and
instruct officers to plant at least one semi-mature English Oak tree close by such that when the tree has to be removed in 10 years time a replacement will be in place.

Written by:	Manager Highways and Infrastructure Manager of Parks and Gardens

Approved by:	Director of Engineering and Infrastructure

Endorsed by:	Chief Officer

Appendices:	Visite Royale Court Order Photograph of the tree