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S:\AGENDAS AND MINUTES 2012 onwards\3 Amenities, Culture & Leisure Committee\Amenties, Culture & Leisure May2020 to May 2021\1. 29 July 2020\ACL Committee Agenda 290720.docx

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22 July 2020 To

Councillors:

Meeting of the Amenities, Culture and Leisure Committee Wednesday 29

July 2020 Dear Councillor,

You are summoned to attend a meeting of the Amenities, Culture and Leisure Committee to be held virtually using the Zoom platform on Wednesday 29 July 2020 commencing at 7pm for transaction of the business given in the Agenda attached.

The meeting can be accessed by the following link or ID and password:https://us02web.zoom.us/j/81574374571?pwd=VGZHUWFSQ3BLdExudmU0MENXQkExZz09

Meeting ID: 815 7437 4571Password: CTC20

Please note members of the public are invited observe the meeting virtually and have the opportunity to address the council at this meeting at 7pm. A guide is available for members of the public, for any support in accessing the meeting virtually please contact the Town Council at least 24 hours in advance of the meeting.

Yours faithfully,

Mark Smith MBA LLB (Hons) CMgr FCMI FSLCCChief Executive

Desna Allen Pete BishopHolly Bradfield Bill DouglasTeresa Hutton Ruth LloydAndy Phillips Nina PhillipsDavid Powell Chris RuckMelody Thompson Sandie

Webb


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All council meetings are open to the public and press

RECORDING OF PUBLIC COUNCIL MEETINGSRecording and using social media is permitted at Council meetings which are open to the public. Please note that Chippenham Town Council will be recording this meeting for training and monitoring purposes only.

7pm – PUBLIC QUESTION TIME (not to exceed 30 minutes)The public are welcome to make representations, ask questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda.To aid the virtual meeting process, Chippenham Town Council ask members of the public to email their questions to [email protected] no later than 12pm on the day before the meeting.Any individual representation is limited to no more than 3 minutes. The Chairman will call the representation from those who are indicating that they wish to speak; written representations can also be received in advance of the meeting. A record of any public participation session shall not be included in the Minutes, but included as an appendix note to the Minutes of the meeting.

AgendaAmenities Culture and Leisure Committee – 29 July 2020

Wards affected Pageno.

1. APOLOGIES FOR ABSENCE

To receive apologies for absence.

2. NOTIFICATION OF SUBSTITUTION

To receive any notification of sub to the Chief Executive.

stitution made

3. DECLARATION OF INTEREST

All Members of the Town Council declare any pecuniary or non-pec they may have in any business of Committees orSub-Committees, in accordance w approved Code of Conduct.

Members are reminded to declare dispensation granted in relation tmatter.

are reminded to uniary interests the Council, its

ith the latest

anyo any relevant


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Wards affected

Page no.

4. ELECTION OF CHAIRMAN

To elect a Chairman of the Amenities, Culture and Leisure Committee for the ensuring municipal year.

Elected Chairman to take the chair.

5. ELECTION OF VICE-CHAIRMAN

To elect a Vice-Chairman of the Amenities, Culture and Leisure Committee for the ensuring municipal year.

6. MINUTES

To approve as a correct record and to sign the draft minutes of the meeting held on Wednesday 04 March (copy attached).

5

7. CHAIRMAN’S ANNOUNCEMENTS

To receive any announcements from the Chairman.

Item 8 - 13 to consider

8. APPOINTMENT OF WORKING PARTY FOR 2020/21

(a)To appoint the following Working Parties of the Amenities, Culture and Leisure Committee and to authorise the Chief Executive to determine the terms of reference, level of adequate support required and the date for the first meeting.:-

(i) Events Working Party (Min 5 Max 9 Councillors).

All

9. SPLASHPAD SUMMER 2020

To receive a report from the Head of Environmental Services regarding the Splash Pad operation 2020 (copy attached).

All 12

10. ROCK CROCODILE COMMUNITY STONES IN PEWSHAM

To receive a report from the Head of Environmental Services regarding the rock crocodile community stones in

Pewsham 15


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Pewsham (copyattached)


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Wards affected

Page no.

11. BARBEQUES IN PARKS AND OPEN SPACES

To receive a report from the Head of Environmental Services regarding Barbeques parks and open spaces (copy attached).

All 20

12. TREE MANAGEMENT POLICY

To receive a report from the Arboricultural Officer regarding the Tree Management Policy (copy attached).

All 22

13. MONKTON PARK PRELIMINARY ECOLOGICAL APPRAISAL

To receive a report from Head of Environmental Services regarding the Monkton Park Preliminary Ecological Appraisal (copy attached)

Monkton44

Item 14 to note14 NOTE ALL AMENITIES, CULTURE AND

LEISURE DECISIONS MADE UNDER DELEGATION

To receive a report from the Chief Executive regarding all Amenities, Culture and Leisure decisions made under delegation (copy attached).

All 66

15. ITEMS FOR COMMUNICATION

To consider any items for communication and any items to be consulted with the Youth Council.

16. DATE OF NEXT MEETING

The next meeting of the Amenities, Culture and Leisure Committee will take place on Wednesday09 September 2020.

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Minutes of a meeting of the Amenities, Culture and Leisure Committee held at the Town Hall, High Street, Chippenham on 04 March 2020 at 7pm.

Councillors present:Desna Allen Pete BishopHolly Bradfield Bill DouglasTeresa Hutton (Chairman) Ruth LloydAndy Phillips Nina PhillipsDavid Powell Chris RuckMelody Thompson Sandie

Webb

Officers present: Barry Pirie, Director of Community ServicesLynsey Nichols, Communications and Customer Service Manager Will Tidmarsh, Head of Environmental ServicesPaul Harvey, Head of Leisure Services (Acting) Daryl Jones, Business Support Manager Michael Weeks, Democratic and Civic Officer

Public present: There was 3 member of the public present.

PUBLIC QUESTION TIME

There was 1 verbal question from a member of the public, which is appended to these minutes at APPENDIX A

67. APOLOGIES FOR ABSENCE

No apologies were received from Councillors.

68. NOTIFICATION OF SUBSTITUTION

There were no notifications of substitution.

69. DECLARATION OF INTEREST

There were no declarations of interest.

70. MINUTES


The minutes of the meeting held on Wednesday 08 January 2020 were approved as a true record and duly signed by the Chairman.

RESOLVED that:


The minutes be accepted as a true record of the proceedings.

71. CHAIRMAN’S ANNOUNCEMENTS

i) The Chairman announced to Councillors the excellent news that despite the extremely difficult weather conditions over the last few months very few days had been lost to hirers.

The Chairman thanked the Head of Leisure Services (Acting) and the team at Stanley Park.

ii) The Chairman highlighted the current exhibition at the museum regarding Goldiggers. The exhibition had brought visitors to the museum that have never visited before.

iii) Although the conditions were not kind on the day, the Chairman announced to Councillors that the Pancake races in the town had been well supported by the public.

iv) The Chairman reminded Councillors that on 09 March 2020, the Town Council would be celebrating Commonwealth Day in partnership with 9 Regiment RLC, and if they hadn’t already Councillors should confirm their attendance.

v) On the 08 May 2020, the Town Council will be holding an event to celebrate VE Day. The Head of Museum and Heritage Services has been working hard on the event, and asked Councillors if they are aware of any interested community groups who may wish to take part in the day to contact the Head of Museum and Heritage Services.

vi) The Chairman confirmed the date for John Coles Park Fun day as Sunday the 14 June 2020.

vii) The Chairman reminded all Councillors about the Mayors Evening of Entertainment that will be taking place on the 28 March 2020. Councillors are encouraged to support the Mayor at this annual fundraiser.

7.07pm one member of the public arrived

72. WORKING PARTY NOTES

i) EVENTS WORKING PARTY NOTES

Councillors noted the notes from the Events Working Party meetings held on 05 February 2020 and the recommendations therein and all matters were resolved.

73. CCTV AUDIT OUTCOMES

The Business Support Manager presented the report to Councillors, reminding Councillors that at the previous Amenities, Culture and Leisure Committee on the 08 January 2020, Phase One of the project


was agreed by Councillors, and the purpose of this report was to agree the next phases after the agreed audit of the current system.


Councillor Desna Allen thanked the Business Support Manager for the comprehensive audit and report, highlighting that CCTV is important to the Towns Purple Flag status and Community Safety.

Councillor Pete Bishop supported the phased works planned, but asked officers to ensure the system could be expandable in the future and could officers research the possibility of a permanent camera being placed in Monkton Park.

The Business Support Manager confirmed there would be lots of scope to partner with venues such as the Olympiad, but the report was for Councillors to agree to the principles of the phased works.

The Director of Community Services confirmed the opportunity of a mobile element to the CCTV System, which could cover multiple sites.

Councillor Bill Douglas asked for confirmation regarding the time cameras stopped recording in the Town.

The Business Support Manager confirmed that the cameras record 24 hours a day, but are only manned 29 hours a week. The rest of the time the cameras are on an automated cycle.

7.21 pm Councillor Holly Bradfield arrived

Councillor Nina Phillips asked if the police had advised on the phases planned by the Town Council.

The Business Support Manager confirmed that the police had given their input during the audit.

Councillor Ruck thanked the Business Support Manager for the report, but pointed out that after a recent theft in Emery Gate, the CCTV image quality could not be used by the police.

Councillor David Powell confirmed having a mobile element to the CCTV system would be important. Areas like Westmead would benefit.

Councillor Holly Bradfield highlighted that signs stating ‘we are watching you’ could be put up to also discourage anti-social behaviour.

RESOLVED that

i) Councillors approved to Phase 2 at the cost of £9585 from the Earmarked Fund for CCTV.

ii) Councillors approved a contingency budget of up to £5000 to cover unexpected costs during the future implementation processes.

iii) Councillors agreed to all the future phased options and recommend to the Finance Working Group to be funded from the


Community Infrastructure Levy monies.

7.29pm two members of the public left the meeting.


74. LITTER ENFORCEMENT

The Head of Environmental Services presented the report to Councillors highlighting that Town Council staff are active in collecting litter but the issue is getting worse with an increase in the amount of litter and dog faeces being cleared. The Head of Environmental Services confirmed that the Town Council does have litter enforcement powers but no plan or strategy has been instigated previously.

Councillor Melody Thompson confirmed while not against the matter in principle, believed that education is key, and a school engagement and social media campaign plan should be produced.

Councillor Bill Douglas raised a concern regarding the misuse of powers historically in other towns, and it could reflect badly on the Town Council if a similar situation happened in Chippenham.

Councillor Desna Allen highlighted a recent visit to St Peters Primary School as Mayor, where the children also felt that littering was a major concern.

Councillor David Powell understood it was a tricky issue and how it should be dealt with. Litter is escalating in the Town, but felt the primary schools were aware of the issue while secondary schools not so much. Enforcement of the issue needed to be flexible.

Councillor Ruck highlighted that litter is also caused by adults and dog owner. It is a cultural issue that needs immediate tackling.

RESOLVED that:

i) Councillors agreed in principle to explore available optionsii) The Head of Environmental Services will report back to a future

Amenities, Culture and Leisure Committee meeting

75. CHRISTMAS LIGHTS PROVISION

The Head of Environmental Services presented the report to Councillors.

RESOLVED that:

i) The report be notedii) Councillors noted that a further report will be brought to a

future Amenities, Culture and Leisure Committee meeting.

76. SELF-WATERING HANGING BASKETS

The Head of Environmental Services presented the report to Councillors and showed Councillors a physical example of the new hanging basket.

Councillors Desna Allen and Chris Ruck as members of the Climate Emergency Advisory Group both commended the idea.


RESOLVED that:

i) The report be noted

77. GREAT BRITISH SPRING CLEAN

The Head of Environmental Services presented the report to Councillors, and encouraged all Councillors to participate.

Councillor Desna Allen asked could the litter picking equipment be offered to be used in schools

The Head of Environmental Services confirmed that schools could use the equipment for a litter pick.

Councillor David Powell asked can the Town Council clean areas that could possibly be inaccessible to members of the public for example close to the river during the Great British Spring Clean.

The Head of Environmental Services confirmed that it may be possible, dependent on the locations in question.

Councillor Nina Phillips asked if the Town Council could hire in an outside contractor during the event to help clean areas.

The Head of Environmental Services highlighted that the Great British Spring Clean is a voluntary event and would be going against the spirit of the campaign.

RESOLVED that:

i) The report be notedii) Councillors noted that they are encouraged to take part in the Great

British Spring Clean, and they need to contact the Head of Environmental Services and the Communications and Customer Services Manager to register their interest.

78. ITEMS FOR COMMUNICATION

For members of the public and the Youth Council to help identify any areas that need cleaning.

For the Great British Spring Clean to be communicated to members of public so they can volunteer.

For the litter enforcement report to be considered by the Youth Council so their views can be obtained and reported back to Councillors.

Chairman: Date:


79. DATE OF NEXT MEETING

The next meeting of this Committee will take place at 7pm on Wednesday 03 June 2020.

The meeting concluded at 8.00pm

These Minutes are subject to confirmation at the next

meeting Signed on behalf of the Committee as a true

record of the meeting


APPENDIX APublic Question

At the invitation of the Chairman a resident spoke regarding the towns CCTV provision. The member of public stated as Vice Chair of the Chippenham Community Safety Forum they were at the meeting to make a representation on agenda item 7, the CCTV audit outcomes report. The member of public hoped that the committee would support the recommendations as per the report produced by the Business Support Manager.

Updating the CCTV provision in the town would support community safety and the police in the town. The current system in place is well past its sell by date, and the future that it records is potentially unusable in certain situations.

The member of public highlighted the town of Calnes CCTV unit is considered the best in Wiltshire due to the investment by Calne Town Council and Chippenham deserves the same level of provision.

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Agenda Item 9Meeting Amenities, Culture and LeisureDate 29th July 2020Report Title Splash Pad operational summer 2020Author Will Tidmarsh - Head of Environmental Services

1.0 PURPOSE OF REPORT

1.1 To discuss the re-opening of the Splash Pad facility ay John Coles Park (JCP) for the summer of 2020 and determine the best way forward.

2.0 INTRODUCTION AND BACKGROUND INFORMATION

2.1 Due to the Covid-19 pandemic the usual spring start-up of the Splash Pad was unable to take place as the contractors were in lockdown.

2.2 As the pandemic continued a decision was made on 29.06.20 by the Chief Executive under delegated authority (with the agreement of Group Leaders) that the Splash Pad would not open for summer 2020, as water play was deemed unsafe and the money saved by not re-opening could be used to support the in-year Covid-19 budget deficit During the extraordinary council meeting held on Wednesday 15th July about the re- opening of play areas a question was tabled about the Splash Pad re-opening.

3.0 SPLASH PAD OPERATIONAL CONSIDERATIONS

3.1 Under normal circumstances the Splash Pad season runs from the Saturday of the late May Bank Holiday (this would have been 23rd May) until the second week in September. Chippenham Town Councils contractor could potentially complete the commissioning of the Splash Pad on Tuesday 4th

August this would give a 6 week opening period for the Splash Pad for the summer 2020 season.

3.2 Government announced that play areas could re-open on July 4th as long as the guidance is followed, outdoor swimming pools to re-open July 11th and indoor swimming pools re- open July 25th as long as guidance is followed.

3.3 Unfortunately at the time of writing this report there is no specific Government guidance available for the re-opening of Splash Pad facilities.

3.4 Indoor and outdoor swimming pools are chlorinated, chlorine is used to keep swimming pools free of bacteria that can be hazardous to humans. Chippenham Town Council’s Splash Pad, in support of our green agenda uses and re-uses fresh water, this therefore increases the potential risk of Covid-19 transfer to other users who come into contact with the same water.



3.5 There are 10 separate water play features in the Splash Pad, to follow the social distancing guidelines set out for swimming pools (users to not be within in 3 square meters of each other) only 7 children can be in the Splash Pad at any one time).

3.6 In the event that the Splash pad re-opens CTC will recycle the water as in previous years, however consideration should be given to the environmental impact of running the splash pad for a maximum of 7 children at a time per cycle, compared to the usual 25 minimum children that enjoy the cycle.

3.7 There is limited industry guidance, or indeed government guidance available on plans for re-opening of similar facilities. However, we aware of one other council in Wiltshire who are currently considering opening their Splash Pad in late August after it is commissioned, however it does use chlorinated water therefore will give some protection regarding transfer of Covid-19 but this will be late into August as it needs to be commissioned.

4.0 OPTIONS AVAILABLE TO THE TOWN COUNCIL

4.1 The Town Council has two clear options available, these are summarised below;

a) Open the Splash Pad for six weeks at a cost of circa £5,712.28

b) Do not open the Splash Pad for the summer season 2020, with clear communications about the reason why it has not opened for summer 2020

5.0 CONTRIBUTION TO CORPORATE PLAN PRIORITIES

5.1 The splash pad contributes to the following corporate priorities.

i). Corporate Priority 1 – Provide facilities and services which support and develop a well- connected town, which promotes health and wellbeing.

ii). Corporate Priority 3 – Maintain and enhance opportunities to create a green, clean and safe environment.

iii). Corporate Priority 5 – Effective and efficient use of resources.

6.0 STAFFING IMPLICATIONS

6.1 There are no staffing implications.

7.0 FINANCIAL IMPLICATIONS

7.1 For the Splash pad to be commissioned and de-commissioned for the 2020 summer season will cost £2312.28.

7.2 The cost of water consumption will be approximately £3000 and signage approximately£400.

7.3 The above cost will be an addition cost pressure of £5,712.28 on the Covid-



19 Budget for 2020/21.



8.0 RECOMMENDATIONS

8.1 Councillors to discuss the options set out at 4.1 a & b above and instruct officers on a way forward.

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Agenda Item 10Meeting Amenities, Culture and LeisureDate 29th July 2020Report Title Rock Crocodile At Pewsham Play parkAuthor Will Tidmarsh - Head of Environmental Services


1.1 For councillors to consider making permanent the Rock Crocodile temporary feature at Pewsham Park.


2.1 During the Covid 19 Pandemic lockdown children created pictures of rainbows to display in house windows to show their support for the NHS and essential services. The community of Pewsham decided to create a Rock Crocodile along the path edge at Pewsham Play Park to show their support.

3.0 TO MAKE THE ROCK CROCODILE A PERMANT FEATURE IN PEWSHAM

3.1 A request has been made by the creators of the current temporary Rock Crocodile feature to make it permanent. This then would be an ongoing celebration and reminder for all NHS and keyworkers and their selfless efforts during the Covid-19 Pandemic.

3.2 To make the Rock Crocodile a permanent feature it would mean removing it from its current location (see appendix A) and relocate it to more suitable location with the required depth.

3.3 An area behind the wooden bollards just at the entrance to the park from Pembroke road is a suitable location. A clear distance would have to be kept away from the root system of the trees in the location.(See appendix B) However as the Rock Crocodile is made of pebbles/small rocks concreting them in is not the best option as the smoothness of the rocks will make adhesion difficult

3.4 As the Rock Crocodile is made of smooth pebbles and small rocks concreting is not a permanent solution, therefore the Head of Environmental Services is looking into the possibility of using a type of resin that the rocks could be sunken into and possibly have a clear resin poured over the top to encase them to prevent them becoming loosened over time.

3.5 The proposed option would be to dig out a section of the turf behind the wooden posts approximately three meters squared, a selection of the best stones would then be arranged in the area and secured in with the resin and

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3.6 This is a task that is more suitable for the winter maintenance programme, it is recommended that the Rock Crocodile is lifted and stored by the Environmental Services team until the task is undertaken.


4.1 The rock crocodile community stones contributes to the following corporate plan priorites.







6.1 There will be minimal cost for the proposal which will be met by the current grounds maintenance budget for Play areas.

7.0 RECOMMENDATIONS

7.1 For councillors to discuss the option of making the Rock Crocodile a permanent feature.

7.2 If it is agreed that the Rock Crocodile becomes a permanent feature, all relevant parties are informed of the reasons for the council’s actions.

APPENDIX A

Appendix B

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,Agenda Item 11

Meeting Amenities, Culture and LeisureDate 29th July 2020Report Title Barbecues in Parks and Open SpacesAuthor Will Tidmarsh - Head of Environmental Services


1.1 To adopt a policy to prevent Barbecues on sites owned and maintained by Chippenham Town Council.


2.1 Historically John Coles Park (JCP) have had a strict rule of no Barbecues in the park. Now that the Town Council has achieved the successful devolution of services and assets from Wiltshire Council, most notably Monkton Park and Donkeyfields, it would be prudent for Chippenham Town Council to broaden the no Barbecues policy at JCP to all parks and open spaces under its management.

3.0 BARBECUES IN PARKS AND OPEN SPACES

3.1 Many councils have a policy whereby Barbecues are not allowed within their parks and open spaces. Chippenham Town Councils current policy states that Barbecues are not allowed in JCP, which is linked to an old version of its byelaws, however the Town Council do not have an all-encompassing policy covering other parks, play areas and open spaces.

Barbecues in public spaces are associated with causing a disruption for a number of reasons;

Disposable Barbecues can scorch grass and cause other damage to the environment and ecology.

Smoke causes a nuisance for other users of open spaces and residents living inneighbouring property.

Dogs that are off their leads can be drawn by the aroma of cooking food which cause conflict

Barbecues are associated with alcohol consumption that can lead to anti-social behaviour.

Discarded food encourages vermin. Unattended Barbecues discarded after usage could cause a danger to children. Barbecues gatherings generate more litter which is often discarded irresponsibly.

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3.2 A number of events that are held in Monkton Parks include professional organisations who cook using Barbecues techniques, this would of course be outside the policy and should be supported as this is carried out within clear and comprehensive risk assessment guidelines.

3.3 Some local councils have decided to have purpose built Barbecue areas in their parks and open spaces, however currently Chippenham Town Council do not provide such facilities. The Chippenham Town Council, has no current plans to introduce such facilities which may well conflict with our developing biodiversity agenda and strategy.


4.1 Not allowing barbecues in parks and open spaces contributes to the following corporate priorities.






6.1 There are no financial implications.

7.0 RECOMMENDATIONS

7.1 Councillors agree to a broader the policy whereby barbecues in parks and open spaces that Chippenham Town Council maintain are not allowed.

7.2 Professional operators who use a barbecues as part of an organised event can use them, provided that they are operated in a safe and controlled manner, with risk assessments submitted to and approved by the Town Council.

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Agenda Item12Meeting Amenities, Culture & Leisure CommitteeDate 29 July 2020Report Title Tree Management PolicyAuthor Jake Bailey- Arboricultural Officer


1.1 To seek approval from the Councillors to adopt the attached refreshed Tree Management Policy for Chippenham Town Council.


2.1 Up until Devolution other than John Coles Park, Chippenham Town Council were only responsible for a minimal number of trees in allotments, play areas and open spaces.

2.2 Since June 2019 Monkton Park and Donkeyfields has been added to Chippenham Town Council responsibilities.

2.3 Groundsmen carry out day to day and seasonal maintenance with contractors undertaking any major aerial or specialist works.

2.4 The asset and service transfer is now successfully completed and the full transfer of responsibility for all trees within the boundary of Chippenham will take place in approximately 6 months after Wiltshire Council have completed a tree survey and have carried out all remedial works necessary.

2.5 On May 18th an Arboricultural officer was employed by Chippenham Town Council to undertake a full survey of trees and develop a 5 year maintenance plan for all tree stock under Chippenham Town Council control. The Arboricultural Officer has also re-evaluated the current Tree Management Policy using his significant knowledge and experience. A Tree Management Policy is necessary as it sets out the framework from which Chippenham Town Council will develop clear and prioritised tree surveys and Tree Management Plans and Programmes.


3.1 Maintain and enhance opportunities to create a green, clean and safe environment.



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4.1 There are no staffing implications associated with this report.


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5.0 FINANCIAL IMPLICATIONS?

5.1 Any tree surveys that are undertaken in the future will be catered for within site specific budgets.

6.0 LEGAL IMPLICATIONS

6.1 There are no legal implications associated with this report.

7.0 RECOMMENDATION:

7.1 Councillors adopt the Tree Management Policy in APPENDIX A as presented.

Appendix A

Tree Management PoliciesManagement of trees on land owned and maintained by Chippenham Town Council

Contents1.0 Introduction.....................................................................................................................................2

2.0 Useful Contacts/ Links.....................................................................................................................3

3.0 Tree Management Policy.................................................................................................................3

4.0 Common Law Right on Encroaching Trees.......................................................................................4

5.0 Tree Preservation Orders and Conservation Areas..........................................................................4

5.1 Tree Preservation Orders.............................................................................................................4

5.2 Trees in Conservation Areas........................................................................................................5

6.0 Specific Policies, Standards and Advice...........................................................................................5

6.1 Dangerous Trees Requiring Urgent Action...................................................................................5

6.2 Dangerous Tree Requiring Action but not an Imminent Danger Policy........................................6

6.3 Dangerous Tree- High Value Ancient/ Veteran............................................................................6

6.4 Tree Touching a Building..............................................................................................................6

6.5 Tree Overhanging a Building........................................................................................................7

6.6 Tree too big/ too tall....................................................................................................................7

6.7 View.............................................................................................................................................7

6.8 Light.............................................................................................................................................8

6.9 High Hedges.................................................................................................................................8

6.10 Personal Medical Complaint......................................................................................................9

6.11 Crime and anti-social behaviour..............................................................................................9

6.12 Vandalism/ Felling Council Trees Without Consent...................................................................9

6.13 Theft of Timber/ Wood..............................................................................................................9

6.14 Bird Droppings........................................................................................................................10

6.15 Blossom...................................................................................................................................10

6.16 Fruit, Berries, Nuts...................................................................................................................11

6.17 Poisonous Berries....................................................................................................................11

6.18 Pollen.......................................................................................................................................11

6.19 Ivy and Climbing Plants............................................................................................................12

6.20 Leaves/ Foliage........................................................................................................................12

6.21 Sap...........................................................................................................................................13

6.22 Wildlife- Wild Animal/ Insect Pest...........................................................................................13

6.23 Utility Cables- Overhead Lines.................................................................................................13

6.24 TV/ Satellite/ Telephone/ Broadband Reception.....................................................................14

6.25 Ancient, Veteran and High Value Specimen Trees...................................................................14

6.26 Tree Related Subsidence Damage to a Property......................................................................14

6.27 Direct Damage Caused By Trees..............................................................................................16

6.28 Why Was a Tree Pruned/ Felled?.............................................................................................16

6.29 Nuisance Third Parties- Private Tree........................................................................................16

6.30 Council Tree Surveying............................................................................................................17

6.31 Trees in Relation To Highways.................................................................................................17

6.32 Danger to Land Other Than Highway (private tree).................................................................17

6.33 Drains.......................................................................................................................................18

6.34 Trenching Works Adjacent to Trees.........................................................................................18

6.35 Tree Next to a Building Site or Proposed Development...........................................................18

6.36 General Tree Works to a Council Owned Tree Enquiries.........................................................19

6.37 Tree Replacement and Memorial Trees...................................................................................19

6.38 Reporting Tree Matters............................................................................................................20

1.0 Introduction

This policy sets out how the Council manages trees on council owned or maintained land. The Council recognises that trees are an important feature of our urban and rural landscape providing a whole range of contributions to environmental, social and economic sustainability. Trees can make places more comfortable in tangible ways e.g. contributing screening and shade, reducing wind speed and turbulence, intercepting snow and rainfall, and reducing glare. They are a significant part of the landscape in Chippenham, softening the harsh lines of the built environment as well as contributing to the history of our parks and gardens.Trees in the built environment face a number of challenges and an effective management policy is required to optimise the interface between trees and people.How do we define a tree, and what does this policy cover? In 2009 a High Court ruling concluded that with tree preservation orders there are no limitations in terms of size for what is to be treated as a tree; in other words, saplings are trees. However, other than that there is no legal definition of what constitutes a tree for more general purposes. The

following definitions have therefore been formulated to provide the boundaries within which this policy operates.Tree; A tree typically has a single trunk growing in excess of 6m tall and bearing lateral branches. It has a more or less permanent shoot system supported by a single woody trunk. For the purposes of this Tree Policy, saplings will NOT generally be regarded as trees. In woodland a tree has a trunk of over seven inches, 180mm, in diameter.Shrub; A shrub is a woody plant smaller than a tree and distinguished from a tree by its multiple stems arising at or near the ground (rather than a single trunk); a shrub is usually less than 6m tall.

2.0 Useful Contacts/ LinksEnquiry Department/

ServiceContact

General enquiries

Chippenham Town Council- Customer Services

Customer Services-The Town Hall, High Street Chippenham, Wiltshire SN15 3ER0249 [email protected]

Reporting tree issues/ enquiries

Chippenham Town Council-Report it

[email protected]

Tree preservation order/ conservation areaenquiries

Wiltshire Council 0300 456 0114http://www.wiltshire.gov.uk/planning-trees- hedges

Highways related tree issues/ enquiries

Wiltshire Council- My Wiltshire App

My Wiltshire App Register for the App:http://wiltshire.mycouncilservices.com/registerApp Login: http://wiltshire.mycouncilservices.com/

3.0 Tree Management PolicyChippenham Town Council will generally only undertake remedial works to trees where the trees pose an unacceptable level of risk to public safety or property i.e. if a tree is dead or dangerous or if the tree is causing damage to property. It is not reasonable to prune or remove healthy trees simply because of their size and proximity to buildings, roads or other infrastructure. Chippenham Town Council will manage any risk through tree inspections and undertake any necessary works to abate hazards due to mechanical faults within the tree’s structure, diseases or fungal infections and other conditions relating to tree health.

4.0 Common Law Right on Encroaching TreesYou have a Common Law right to remove (abate) the nuisance associated with trees encroaching onto your property. The following advice is given if you wish to exercise your Common Law right with respect to encroaching trees:a) You can only consider removing those parts of the tree from the point where they cross the boundary of your property. You have no legal right to cut or remove any part of a tree that does not overhang your property;b) You are strongly advised to consult a professional tree surgeon for guidance on how best to prune back encroaching trees, unless the works are such that you could do the works with hand secateurs or similar;c) Before you consider doing any works to a tree / trees you should find out who owns them and if they are protected by a Tree Preservation Order or are within a Conservation Area. If the trees are protected, you will need to gain consent by making an application / give notice to Wiltshire Council. For guidance on finding out if a tree is protected and applying to undertake works on a protected tree, refer to the following section.You are advised to discuss with your neighbour your intention to prune encroaching branches. Legally you do not own the encroaching branches and you should first offer them to your neighbour and if your neighbour does not want the cuttings you should make appropriate arrangements to dispose of them yourself. If the encroachment relates to a council owned tree, any cuttings must be disposed of appropriately; the council does not require nor expect to have these returned.

5.0Tree Preservation Orders and Conservation AreasChippenham Town Council has no control over Tree Preservation Orders or Conservation Areas. Tree Preservation Orders and protection of trees in a Conservation Area are enforced by the Local Planning Team’s Arboricultural & Landscape Officers (Wiltshire Council). Before you consider undertaking any works to a council owned or maintained tree / trees you should find out if they are protected by a Tree Preservation Order or are within a Conservation Area. If the trees are protected, you will need to gain consent by making an application / give notice to Wiltshire Council. To find out if the trees are protected and guidance on how to apply for works if they are protected customers can contact the Wiltshire Council.5.1Tree Preservation OrdersA tree preservation order (TPO) is an order made by a local planning authority (LPA) in respect of trees or woodlands. The principal effect of a TPO is to prohibit the:1) Cutting down,2) Uprooting,3) Topping,4) Lopping,5) Wilful damage, or6) Wilful destruction

Of trees without the LPA's consent. The cutting of roots, although not expressly covered in 1 - 4 above, is potentially damaging and so, in the Secretary of State's view, requires the LPA's consent (Wiltshire Council).Penalties for undertaking works to a Protected Tree without consent

Anyone who, in contravention of a TPO:1) Cuts down, uproots or wilfully destroys a tree, or2) Tops, lops or wilfully damages a tree in a way that is likely to destroy it is guilty of an offence. Anyone found guilty of this offence is liable, if convicted in the Magistrates' Court, to a fine of up to £20,000. In serious cases a person may be committed for trial in the Crown Court and, if convicted, be liable to an unlimited fine.It is also an offence for anyone to contravene the provisions of a TPO otherwise than as mentioned above. For example, anyone who lops a tree in contravention of a TPO, but in a way that the tree is not likely to be destroyed would be guilty of this offence. In this case, the Magistrates’ Court can impose a fine in the Magistrates' Court of up to £2,500.5.2Trees in Conservation Areas

Under section 211 of the Town and Country Planning Act 1990, anyone proposing to cut down or carry out work on a tree in a conservation area is required to give the LPA six weeks' prior notice (a 'section 211 notice'). Chippenham Town Council has no jurisdiction regarding Conservation Areas. The responsible LPA regarding Conservation Areas within Chippenham is Wiltshire Council.Penalties for undertaking works to a Tree within a Conservation Area without consentAnyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area without giving a section 211 notice (or otherwise in contravention of section 211) is guilty of an offence. The same penalties as those for contravening a TPO apply.

6.0 Specific Policies, Standards and AdviceThe following section contains guidance on the Council’s position on common tree related enquiries, including the time and nature in which we aim to respond to such queries.Tree RelatedEnquiry

Policy/ Standard/ Advice Response Timescale

6.1Dangerous Trees Requiring Urgent Action

If a council owned tree is in such a condition that it poses a very high risk to people or property and is considered to be an emergency situation, urgent action will be taken to make the tree safe.

An emergency is defined as a tree that is in immediate danger of collapse or causing an obstruction requiring urgent attention, as outlined below.

Customer Advice:

Urgent- Assoon as possible with immediate priority.

1. If a tree poses an immediate and present danger urgent action will be taken to make the tree safe.

2. If a tree’s condition could be described as any of the following, it may warrant urgent attention:a) Snapped or blown overb) Rocking at its base - roots are damagedc) Uprooted but held up by another tree or buildingd) Large branch has broken off, is hanging off or hung up within the treee) Completely blocking road, footpath, access to propertyf) Fallen onto house or car

6.2Dangerous Tree Requiring Action but not an Imminent DangerPolicy

If a tree is identified as dangerous, but the risk to the public is not high, then the tree will be made safe depending on the degree of risk identified at the time of inspection.

If not an emergency situation a site inspection will be undertaken and the customer notified of what action is considered appropriate.

Customer notified of appropriate action within 14 days following site inspection.

Customer Advice:

1. Signs to look out for which may mean that a tree is a risk to people or property but the risk does not require an emergency response include a tree which is:a) Deadb) Dying - few leaves in summer or dieback in the crownc) Losing barkd) Affected by mushrooms or other fungi growing on or near the treee) Affected by old splits and cracks in the trunk or large branchesf) Losing smaller branches which are falling from the tree

6.3Dangerous Tree- High Value Ancient/ Veteran

Policies regarding dangerous trees apply as above, however the following customer advice is given regarding ancient/ veteran trees:

1. Trees can be made safe by pruning or felling. We employ the most cost effective approach. However, for certain High Value and Ancient / Veteran trees we would consider other options to reduce risk to an acceptable level including those which would reduce the likelihood;a) Of the tree or parts of the tree failingb) Of persons being close to the tree if it did

fail

Above timescales apply as appropriate

6.4 Tree Touching aBuilding

If a tree in council ownership/managed by the council is touching your property (dwelling house, boundary wall,garage etc.) we will take action to remove the

Customerinformed of the need for a

nuisance.

Site inspection required.

Customer advice:

1. In the majority of cases retention of the tree will be a priority and pruning will be undertaken which removes the nuisance but causes minimal damage to the tree.

2. If you wish to exercise your Common Law right toremove (abate) the nuisance associated with encroaching trees - see Common Law Right.

siteinspection within 14 days of receipt.Customer notified of appropriate action within 14 days following site inspection.

6.5 Tree Overhanging a Building

We will not prune or fell a tree in council ownership to alleviate overhanging branches.

Site Inspection is not required.

Customer advice:

1. If you wish to exercise your Common Law right to remove (abate) the nuisance associated with encroaching trees - see Common Law Right.

Customer informed of council policy within 14 days of receipt.Customers can receive an immediate response by searching for the relevant policy on the council’s web site.

6.6 Tree too big/ too tall

We will not prune or fell a council owned tree merely because it is considered to be 'too big' or 'too tall'.

Site Inspection is not required.

Customer advice:

2. A tree is not dangerous just because it may be considered too big for its surroundings. Other problems would need to be shown such as those described in the Dangerous Tree policies for the council to consider it to be dangerous.

3. Council owned trees are routinely inspected for defects as part of our Tree Management Policy .

Customerinformed of council policy within 14 days of receipt.Customers can receive an immediate response by searching for the relevant policy on the council’s web site.

6.7 ViewWe will not prune or fell a council-owned tree to improve the view from a private property.

Site inspection is not required.

Customer advice:

1. There is no legal right to a 'view'.2. If you wish to exercise your Common Law

Customerinformed of council policy within 14 days of receipt.Customers can receive an immediate

right to remove (abate) the nuisance associated withencroaching trees - see Common Law Right.

response by searching for the relevant policy on the

council’s website.

6.8 Light We will not prune or fell a council owned tree to improve natural light in a property. However please see customer advice below as there will be certain circumstances in which this might change.

Site inspection is not required.

Customer advice:

1. In law there is no general right to light with regard to vegetation. Any right to light would need to be established under the Prescription Act 1832, provided the light has been uninterrupted for at least 20 years. A legal right to light can be enjoyed only in relation to a specific opening (such as a window) in a building; there is no right to light in connection with open land, such as a garden.

2. If natural light is being blocked by the growth of a hedge then action may be taken to reduce the problem under the High Hedges Act, Part 8 of the Antisocial Behaviour Act, 2003 - See High Hedges .



6.9 High Hedges

Customer advice:

What is classed as a ‘high hedge’?

1. A high hedge is defined in the Anti-social Behaviour Act 2003 as a barrier to light or access and is formed wholly or predominantly by a line of two or more evergreen or semi-evergreen trees growing to a height of more than 2 metres above ground level.

2. Please note individual trees and shrubs are not covered by this legislation.

3. A complaint can be brought under the Act by the owner or occupier of the property affected by the hedge. The property must be residential and the hedge must detract from the reasonable enjoyment of your home and garden.

4. If negotiations with neighbours fail, high hedge disputes can be taken to the local authority council (Wiltshire Council). There is a £350 fee for the council to undertake the investigation. For more information visit Wiltshire Council’s Trees and Hedges web page.

5. Additional information on high hedge disputes is available on the Government website: https://www.gov.uk/government/collections/h

igh -hedges

6.10Personal Medical Complaint

Requests to undertake work to a council owned tree because of a personal medical condition will be treated on a case-by-case basis and on advice from a qualified medical practitioner.

Site inspection required depending on advice given by the complainant’s medical practitioner.

Customer advice:


Customerinformed of the need for a site inspection within 14 days of receipt of medical advice.Customer notified of appropriate action within 14 days following site inspection.

6.11 Crime and anti- social behaviour

Where a council owned tree is associated with criminal activity and/or anti-social behaviour, measures to reduce the problem will be considered on a site-by-site basis.


Customer Advice:

1. Where a tree is associated with criminal activity and/or anti-social behaviour, the Police should be contacted in the first instance.

2. Where a tree is associated with criminal activity and/or anti-social behaviour steps to reduce the problem will typically require the coordination of a number of agencies including the Police. Just pruning or felling a tree is not always the answerto the problem.

Customerinformed of the need for a site inspection within 14 days of receipt.Customer notified of appropriate action within 14 days following site inspection.

6.12Vandalism/ Felling Council Trees without Consent

We will look into reports of vandalism or felling of a council-owned tree and address any damage wherever possible.


Customer Advice:

1. We encourage local communities to report incidents of vandalism or illegal felling of council trees and we may take legal action where witnesses are prepared to come forward.

2. The Police should be contacted on their non- emergency number: 101 and then reported to thecouncil’s customer services.

Customer informed of the need for a site inspection within 14 days of receipt.Customer notified of appropriate action within 14 days following site inspection.

6.13 Theft of Timber/ Wood

We will look into reports of theft of council-owned timber/ wood and prosecute wherever

Customerinformed of the need for a site inspection

possible. Site Inspection Required.

Customer Advice:

within 14

1. We encourage local communities to report incidents of vandalism or illegal felling of council trees and we may take legal action where witnesses are prepared to come forward.

2. The Police should be contacted on their non- emergency number: 101 and the matter should be reported to the council’s customer services team.

3. You are not allowed to remove wood (or other parts of a tree) from parks or public open spaces without consent. Generally, we either remove cut timber from site or leave it in place as a wildlife habitat.

4. Unauthorised persons are not allowed to use a chainsaw or other tools and equipment in parks or public open spaces. If you see someone who may be removing wood without consent (i.e. a person not associated with a relevant sign written vehicle and/or without clothing that clearly identifies who they are) or they are using a chainsaw then callthe Police on their non-emergency number: 101 and the council’s customer services.

days ofreceipt.Customernotified ofappropriateaction within14 daysfollowing siteinspection.

6.14 Bird Droppings

We will not generally prune or fell a council owned tree to remove or reduce bird droppings from trees, or remove bird droppings from private land.


Site inspection not required.

Customer Advice:

1. Bird droppings may be a nuisance, but the problem is not considered a sufficient reason to prune or remove a tree. Warm soapy water will usually be sufficient to remove the bird droppings as long as this is done promptly.

2. Nesting birds are protected under the Wildlife and Countryside Act 1981 (and other related wildlife law).

3. If you wish to exercise your Common Law right to remove (abate) the nuisance associated withencroaching trees - see Common Law right.

6.15Blossom

We will not prune or fell a council owned tree to remove or reduce blossom from trees or remove fallen blossom from private land.


Customer Advice:

1. Tree blossom usually indicates the start of spring. Blossom is a natural occurrence,

Customer informed of council policy within 14 days of receipt.Customers can receive an immediate

which cannot be avoided by pruning. response by searching forthe relevant policy on the

2. If you wish to exercise your Common Law right to

remove (abate) the nuisance associated with encroaching trees - see Common Law Right.


6.16 Fruit, Berries, Nuts

We will not prune or fell a council owned tree to remove or reduce the nuisance of fruit, berries or nuts, or remove fallen fruit from private land. However, where fallen fruit is leading to significant anti-social behaviour problems we will consider measures to reduce the problem including whether a phased removal and replacement with alternative species is reasonable.


Customer Advice:

1. Fruit trees such as apple, cherry and pear have the double benefit of spring blossom and autumn fruit. This makes fruit trees good for wildlife and a source of free food. Equally, where fruit trees are established but there is a significant anti-social behaviour problem we may consider phased removal and replacement.

2. If you wish to exercise your Common Law right to remove (abate) the nuisance associated withencroaching trees - see Common Law Right.

Customer informed of council policy within 14 days of receipt.Customers can receive an immediate response by searching for the relevant policy on the council’s web site.

6.17Poisonous Berries

We have no general policy to remove trees bearing poisonous fruit or foliage (such as Yew trees), however where it is claimed or known that unsupervised young children or livestock are likely to be exposed to poisonous berries or foliage, such cases will be investigated and appropriate action considered.

Site inspection required, subject to specific circumstances.

Customer Advice:

If you wish to exercise your Common Law right to remove (abate) the nuisance associated with encroaching trees - see Common Law Right.

Subject tospecific circumstances; Customer informed of the need for a site inspection within 14 days of receipt.Customer notified of appropriate action within 14 daysfollowing site inspection.

6.18 Pollen

We will not prune or fell a council owned tree to remove or reduce the release of pollen.


Customer Advice:

1. The release of pollen from trees is a natural occurrence wherever trees are present.

2. As it occurs from reproductive parts

Customer informed of council policy within 14 days of receipt.Customers can receive an immediate response by searching

throughoutthe tree reduction of overhanging branches will do little to reduce the release of pollen.

for the relevant policy on the


6.19 Ivy and Climbing Plants

We will not prune or remove Ivy (Hedera helix) or any other species of climbing plant from a tree to abate a nuisance e.g. bird nesting, pollen, fruit or for the purposes of light. The control of plants climbing on or over trees is not a routine aspect of crown maintenance. We will, however, seek to balance conservation, tree safety and aesthetics with regard to ivy on trees within our ownership; see customer advice below.

Customerinformed of council policy within 14 days of receipt.Customers can receive an immediate response by searching for the relevant policy on the council’s web site.For safety purposes, Customer informed of the need for a site inspection within 14 days of receipt.Customer notified of appropriate action within 14 days following site inspection.

Site inspection not required, unless for safety purposes.Customer Advice:

The control of plants climbing on or over trees is not a routine aspect of crown maintenance. They may, however, be removed or cut back if this is considered necessary in the light of any of the following circumstances:

1. The plant is hindering visual inspection of a tree that could be posing a risk to people or property because of suspected presence of weakened tree structures in areas of high footfall.

2. The plant is growing high into the crown of a tree, so as to increase its resistance to wind;

3. The plant is significantly weighing down a branch or a leaning tree;

4. The tree is otherwise likely to be smothered (e.g. by Clematis, Russian Vine or, occasionally ivy) especially if it is old and therefore unlikely to outgrow the climbing plant;

5. There is potential for dead stems of the plant to become a hazard.

6.20Leaves/ Foliage

We will not prune or fell a council owned tree to remove or reduce leaf / foliage fall or remove fallen leaves / foliage from private property.


Customer Advice:

1. The loss of leaves / foliage from trees in the autumn is part of the natural cycle and cannot be avoided by pruning.

2. The maintenance of gutters is the responsibility of the owner/occupier and the council is not obliged to remove leaves that may have fallen from council owned trees. Where gutters are regularly blocked by fallen leaves owners/occupiers may wish to fit gutter guards to provide a low-maintenance solution.



6.21 Sap We will not prune or fell a council owned tree to remove or reduce honeydew or other sticky residue from trees.


Customer Advice:

1. Honeydew is caused by greenfly (aphids) feeding on the tree, which excrete a sugary sap. Often the honeydew is colonised by a mould, which causes it to go black. Where honeydew affects cars, warm soapy water will remove the substance, as long as this is done promptly.

2. Unfortunately, there is little that can be done to remove the aphids which cause the problem and pruning the tree may only offer temporary relief. Re-growth is often more likely to be colonised by greenfly thereby potentially increasing the problem. Some trees, such as limes, are more prone to attack by greenfly and in some years greenfly are more common especially following a mild winter. Honeydew is a natural and seasonal problem. Where new trees are planted we try to choose trees which are less likely to cause this problem.



6.22Wildlife- Wild Animal/ Insect Pest

We will not prune or fell a council-owned tree to remove or reduce incidence of perceived pests such as bees, wasps, or wild animals.


Customer Advice:



6.23 Utility Cables- Overhead Lines

We will undertake work to a council owned tree to prevent damage to overhead lines/telephone wires, if damage is occurring to poles, OHL’s or other utility equipment.

Customer informed ofthe need for a site inspection

within 14


Customer Advice:

1. The local utility provider undertakes clearance work of their OHL’s on a cyclical basis and should be contacted by the customer in the first instance.


days ofreceipt. Customer notified of appropriate action within 14 days following site inspection.

6.24 TV/ Satellite/ Telephone/ Broadband Reception

We will not prune or fell a council owned tree to prevent interference with TV or satellite, telephone or broadband reception as there is no legal right to TV, satellite, telephone or broadband reception.


Customer Advice:

1. Your service provider may be able to suggest an alternative solution to the problem, for example relocating the aerial/dish or a means to boost the signal.


Customer informed of the need for a site inspection within 14 days of receipt.Customer notified of appropriate action within 14 days following site inspection.

6.25Ancient, Veteran and High Value Specimen Trees

The council will seek to help prolong the life of council owned Ancient, Veteran and High Value trees through inspection, protection and as a last resort remedial works.

There are a number of threats to Ancient/Veteran trees; these shall be identified through an inspection if required.

Customer Advice:

Response timescales on a case by case basis, any enquiries shall be replied to within 14 days of receipt.

1. Where Ancient, Veteran or High Value trees are in private ownership: When appropriate, the Council will offer advice to land owners who are the guardians of an Ancient, Veteran or high value trees.

2. Management of ancient trees is sometimes needed to ensure that the threats identified do not cause loss of the trees.

6.26 Tree We will prune or remove a council owned tree only where

All suchclaims will be acknowledged within 14

Related damage has been caused to buildings and other structures

Subsidence

as a result of the action of council-owned or maintained

Damage to a

trees. We rigorously defend claims of tree-related

Property subsidence damage and require that the claimant and/or

their representative supplies sufficient evidence to establish that the vegetation is responsible.

a) Concerns about tree-related subsidence damage:All concerns about tree-related subsidence damage involving a council owned tree will be acknowledged. In our response, we will advise that you need to notify your home insurer. In addition, we will advise you that the burden of proof lies with the claimant and should you wish to make a formal claim for damages or to formally notify us of your concerns about future damage you will have to supply supporting evidence. We would then respond as detailed below:

b) Claims / Notice of alleged tree-related subsidence damage:All claims or notice of claims against the council relating to a council-owned tree will be acknowledged within 14 working days of receipt. In our response, we will tell you what evidence we require so that we may assess your claim.

Customer advice:

1. If you believe that your property is suffering subsidence damage due to the action of trees in council ownership (or that you are concerned about potential damage) then you should first contact your property insurer. You should discuss your concerns with your insurer to agree an appropriate course of action.

2. Should you, or those acting on your behalf, wish to make a claim for damages, or make formal representation of your concern about future damage, alleging that a council owned or maintained tree is causing (or may cause) subsidence damage to your property, then you should contact the council. Chippenham Town Council will manage your claim / notice in accordance with the 'Joint Mitigation Protocol'. The Protocol details the management of alleged subsidence claims where trees are implicated as being the cause of building movement. The Protocol seeks to establish best practice in the processing and investigation of tree-induced building damage including agreed standards of evidence and working timescale. In response to your claim / notice we will write to you (or your representative) and detail the level of evidence required to process your claim, which will be proportionate to the value of the tree implicated.

3. Details of the Joint Mitigation Protocol can be found at

days ofreceipt.

An initial report based on evidence supplied by the claimant will be issued within 21 days of receipt of the report.

The subsequent timescale will adhere to those outlined in the Joint Mitigation Protocol, unless agreed otherwise.

https://www.ltoa.org.uk/resources/joint-mitigation-protocol

6.27 Direct Damage Caused By Trees

We will prune or fell a tree in council ownership to resolve a direct damage issue.

Site inspection required.Customer Advice:

1. If you believe that your property is suffering damage due to trees in council ownership then you should first contact your property insurer. You should discuss your concerns with your insurer to agree an appropriate course of action.

2. The burden of proof lies with the claimant and should you wish to make a formal claim for damages or to formally notify us of your concerns about damage you shall have to supply supporting evidence.


Customerinformed of the need for a site inspection within 14 days of receipt.Customer notified of appropriate action within 14 days following site inspection.

6.28 Why Was a Tree Pruned/ Felled?

A response to the question of why trees have been felled will be given whenever possible.

Clarification of why a tree is to be or has been felled will be provided as necessary.

Enquiries shall beresponded to within 14 days.

Customer Advice:

1. Tree removal is regrettable but necessary in some circumstances. The decision to remove a tree is not taken lightly; most trees that need to be are felled because the tree has become unsafe and there is no cost-effective solution to otherwise retain it.

2. Trees are pruned for a variety of reasons including the removal of damaged or poorly-formed branches, to reduce the likelihood of failure by taking 'weight' out of the tree and generally to keep a tree as healthy and attractive as possible.

3. Where tree works are undertaken we use the services of fully qualified, insured and experienced arboricultural contractors.

4. All tree work is carried out in accordance to the British Standard 3998:2010 Tree Work – Recommendations, unless otherwise specified bythe councils Tree Officer.

6.29Nuisance Third Parties- Private Tree

The council has no authority to intervene in a dispute between neighbours. However, if the problem is due to a 'high hedge'- see High Hedges.Site inspection not required.

Customer Advice:

Customerinformed of council policy within 14 days of receipt.

Customers can receive

1. The council cannot provide a mediation service so you should try to resolve a dispute between yourself and your neighbour amicably or seek advice from a solicitor or Citizens Advice.


an immediateresponse by searching for the relevant policy on the council’s web site.

6.30Council Tree Surveying

All council trees are surveyed by the council Tree Officer/ appropriately qualified contractors.

Customer Advice:1. Trees are inspected on a timescale

appropriate to their condition and location, in order to ensure the council fulfils their duty of care as tree owners.

2. The Council applies a common sense approach to tree safety, considering perceived vs actual risk and balancing this with the benefits that trees provide to the public. Remedial tree works and/ or removal may be recommended as a result of such inspections in order to maintain trees in a condition that is as safe as is reasonablypracticable/ cost effective- see ‘why was a tree pruned/ felled’.

6.31 Trees in Relation To Highways

Highway trees are the responsibility of Wiltshire Council and issues should be reported via the ‘My Wiltshire App’:

Or by calling Wiltshire Council Customer Services.

Customer Advice:

1. Examples of tree related Highway issues that fall under the jurisdiction of Wiltshire Council include:a) Carriageway obstruction due to treesb) Danger to highway (private trees)c) Pavement- Obstructiond) Trip Hazarde) Road- Sightlines Obstructionf) Traffic Signal/ Street Sign Obstructiong) Street Light- Obstruction

6.32 Danger to Land Other Than Highway (private tree)

If a tree in private ownership is shown to be an imminent danger to non-highway land; the landowner may be contacted and instructed to make the tree safe (under the Local Government Miscellaneous Provisions Act 1976). If it is necessary that the council undertakes this work then the owner will be charged in full for the council's costs.

Site inspection required;a) A site inspection will be undertaken in order to

establish the imminence of the danger and the customer notified of what action is

Customerinformed of the need for a site inspection within 14 days of receipt.Customer notified of appropriate action within 14 daysfollowing

considered appropriate. site inspection.

b) If the tree fulfils the categories for level of risk and imminence of danger the council will notify the owner of the tree of what works they are responsible for to make the situation safe, they are given 21 Days in which to do this.

If necessary,tree owner informed of action required on their part to be fulfilled within 21 days of beingnotified.

6.33 Drains

We will not prune, fell a tree or cut the roots of a council owned tree to prevent roots entering a drain that is already broken or damaged.


Customer Advice:

1. Tree roots typically only invade drains that are already broken or damaged. Tree roots found in a drain are usually symptomatic of an underlying problem requiring repair of the broken pipe. If you are concerned about the condition of your drains then you are advised to contact your water and sewerage company.



6.34Trenching Works Adjacent to Trees

Consent from the council is required for any form of trenching works that is to be carried out, under or through a council owned or maintained trees root plate.

An agreement will be entered into between the trenching operators and the council whereby any works carried out must follow and adhere to industry best practice and guidance in the form of The National Joint Utilities Group Guidelines for the Planning, Installation and Maintenance of Utility Apparatus in Proximity to Trees - Volume 4 (NJUG Vol. 4). Where such an operation shall beundertaken within the ‘Prohibited Zone’ an arboricultural officer shall have to be consulted and where necessary undertake an onsite inspection.Customer Advice:

Refer to The National Joint Utilities Group Guidelines for the Planning, Installation and Maintenance of Utility Apparatus in Proximity to Trees - Volume 4 (NJUG Vol. 4)for further guidance.

6.35 Tree The council is not required to prune or fell a council Customerinformed of council policy within 14 days of

Next to a owned tree to allow building works to proceed, whether

Building Site

planning consent was necessary or via permittedor development. We expect that our trees are taken

Proposed into receipt.Developmen

consideration during the initial surveying/permission

t

phase of the development and adequate protection is given to council owned trees during the development.

Site Inspection Not Required.

Customer Advice:

1. If you wish to exercise your Common Law right to

remove (abate) the nuisance associated with encroaching trees - see Common Law Right.

Customerscan receive an immediate response by searching for the relevant policy on the council’s web site.

6.36General Tree Works to a Council Owned Tree Enquiries

In cases where we would not normally undertake tree works or permit tree works other than in accordance with common law right, we may consider permitting tree work to be undertaken on a council owned tree on a case by case basis, at the customer’s expense, using one of our approved contractors.


Customer advice:

1. If we deem the requested works to be justifiable, but they do not fall into a category where we would undertake the works at the expense of the council, the customer may request to use a council approved contractor at their own expense.

2. We will generally advise the customer if this circumstance applies.

3. Subject to our approval of the works, a list of council approved contractors can be provided.

4. If approved, these works can extend beyond the scope of ‘Common Law Right’ (see Common Law right ), e.g. a full crown reduction rather than pruning encroaching branches to the boundary but no further.

Customer informed ofcouncil policy within 14 days of receipt.If this circumstance applies customers will be informed on a case by case basis.

6.37 Tree Replacemen t and Memorial Trees

It is our policy to replace any council tree that is removed. Arboricultural judgement will be applied as to the replacement species and location.

Customer advice:

Enquiriesshall be responded to within 14 days.

1. Mature trees are irreplaceable in the short term and their removal is generally a last resort. Any replacement trees will generally be of ‘semi- mature’ specification.

2. In some instances, it may not be practical or sensible to replace with the same species in the same location, for example to broaden species diversity and environmental resilience, or to avoid the same problems that lead to the tree being removed.

3. Memorial trees can be included in our tree

replacement policy, or as new plantings. Memorial

trees are paid for by the customer and maintained by Chippenham Town Council on Council owned land. If you’re interested in the planting of amemorial tree, please contact enquiries.

6.38Reporting Tree Matters

Customers are advised to report tree related matters within Chippenham via ‘Report it’.

When reporting trees, an accurate description of location(e.g. a screenshot of a pin on a google maps) and an image of the tree is very useful, if possible.

Enquiriesshall be responded to within 14 days.

7.0 AcknowledgementsChippenham Town Council would like to thank Wiltshire Council for their help in producing this document.

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Agenda Item 13Meeting Amenities, Culture and LeisureDate 29th July 2020Report Title Monkton Park Preliminary Ecological AppraisalAuthor Will Tidmarsh Head of Environmental Services


1.1 To update Councillors on the progress of Monkton Park Management Plan and share the Preliminary Ecological Appraisal of Monkton Park and Monkton Meadow.


2.1 Chippenham Town Council have been working in partnership with colleagues from the Wiltshire Wildlife Trust to deliver a Preliminary Ecological Appraisal of Monkton Park and Monkton Meadow (see Appendix A).

3.0 UPDATE ON PROGRESS OF MONKTON PARK MANAGEMENT PLAN

3.1 Before the start of the Covid-19 Pandemic it had been arranged with the Wiltshire Wildlife Trust to jointly host several public engagement events, where they would make a presentation of their appraisal for wider community and public discussion.

3.2 Unfortunately these were cancelled due to the lockdown restrictions and the Wiltshire Wildlife Trust staff being furloughed.

3.3 Wiltshire Wildlife Trust staff are now back to work and officers at Chippenham Town Council are very keen to move this project forward.

3.4 New public consultations need to be set up to progress this, this would progress quicker if we arranged the meetings via Zoom alternatively we could wait until social distanced meeting could once again take place at the Town Hall and Neeld.

3.5 A separate meeting will also be held between Wiltshire Wildlife Trust and the newly appointed Arboricultural Officer who can offer important input on not only on Tree Management but also on Ecology and Botany.

3.6 Once all the community and public engagement events are complete Wiltshire Wildlife Trust will use all the coordinated and consolidated information gathered to develop a management plan for the future maintenance of Monkton Park and Monkton Meadow This finalised Monkton Park and Meadow Management Plan will be presented to a future Amenities

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Culture and Leisure Committee meeting for ratification.

S:\AGENDAS AND MINUTES 2012 onwards\3 Amenities, Culture & Leisure Committee\Amenties, Culture & Leisure May 2020


2to May 2021\1. 29 July 2020\Reports\item 13 Monkton Park Preliminary Ecological Appraisal.docx


4.1 The Monkton Park preliminary ecological appraisal contributes to the following corporate priorities.







6.1 All payments to Wiltshire Wildlife Trust are funded from the Devolution Budget.

7.0 RECOMMENDATIONS

7.1 Councillors note and support the continuation of the project laid out in 3.4-3.6.

APPENDIX A

Preliminary Ecological AppraisalLand at Monkton Park,

Chippenham

Chippenham Town

Council

Date of report: 23rd January 2020 Author/s: Nick Self and Chelsie PhillipsDocument signed off by:

Date:

Summary This report is produced to present an initial assessment of the potential ecological constraints and opportunities relating to the site known as Monkton Park, Chippenham, and to inform the land owners (Chippenham Town Council) of potential future management changes.

The report is based on a desk study of designated wildlife sites and records of protected or notable species, and a field site visit for site assessment carried out in January 2020.

A full management plan will be compiled following review and feedback from the client. Additional surveys will be required before this report can provide a sufficient baseline for the site with regards to bats, otter and water vole.

List of Contents 1. Site Information Page 12. Introduction, Terms of Reference and Scope Page 23. Site Context Page 24. Wildlife Corridor Page 25. Designations Page 36. Habitats Page 4

a. River Avon Page 4b. Formal Parkland & Golf Course Page 7c. Informal Parkland & Riverside Corridor Page 9d. Baydons Wood & Baydons Meadow Page 14

7. Key recommendations Page 168. List of references Page 18

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Site Information

Site name Monkton Park

Address

Near Emery Gate Shopping Centre Chippenham

Wiltshire SN15 3JP (Nearest)

Grid Reference ST 925 732 (Centre)

Contact detailsName Barry Pirie – CTCEmail [email protected]

kNumber 01249 446699

Figure 1: Satellite image of site (Google Earth)

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Introduction, Terms of Reference and Scope Wiltshire Wildlife Trust Wild Landscapes project has been contacted by Barry Pirie of Chippenham Town Council (the client) to conduct a preliminary ecological assessment of various sites in and around Chippenham. The first, and largest of the sites lies is Monkton Park which mainly lies on the north bank of the River Avon, starting at Town Bridge and ending a kilometre north-east where National Cycleway 403 crosses the River Avon..

This report presents the findings of the desk study and field site, carried out on January 20th, 2020, and then goes on to present discussion and key recommendations for each part of the site.

The whole site encompasses approximately 77 acres and, for the purpose of this report, has been arbitrarily split into six sections as shown on the map above.

1. Emery Gate2. Main Parkland3. Golf Course4. Lower Riverside Meadow Corridor5. Baydons Wood & Baydons Meadow6. Upper Riverside Corridor & Woodland

Site Context The site, located to the east of Chippenham town centre, primarily consists of land on the north bank of the River Avon corridor and is immediately surrounded by residential development to the north and Emery Gate shopping centre to the south. Further to the east, on the south bank of the river lie Baydons Wood and Baydons meadow, the latter of which is owned by Chippenham Borough Lands Charity. The west end of the north-bank land consists mainly of formal parkland and a golf course, whilst the land to the east is managed as a country-park.

The land to the east of the site is open agricultural fields and classified as priority habitat flood- plain grazing marsh. The land at Harden’s Farm has been designated for future urban development. The whole site is bounded to the north by the line of the old Calne branch railway line, now National Cycleway route 403.

Wildlife Corridor Monkton Park and the River Avon act as a wildlife corridor into and out of the town from the surrounding landscape, however, the movement of terrestrial animals may be impeded to a degree by the fenced embankment of cycleway 403. There is scope for improving movement into the surrounding landscape along the river bank and riparian habitat.

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Designations The Multi-Agency Geographic Information for the Countryside (MAGIC) database was accessed on 24th January 2020 in order to establish the presence of statutory sites such as Sites of Special Scientific Interest (SSSIs), Special Areas of Conservation (SACs), Local Nature Reserves (LNR) and important habitats.

Table 1 Statutory Designated Sites within 2km

Site Name Distancefrom Site

Designation

Summary Interest

Kellaways, River Avon

1.1km Geological SSSI

“The locality includes a number of highly- fossiliferous exposures of the famous ‘Kellaways Rock’”(www.naturalengland.org.uk)

Mortimore’s Wood

1.3km LNR “Urban fringe, habitats include woodland,woodland edge and river bank” (www.naturalengland.org.uk)

Figure 2: Geographical map of site (Magic Maps, 2020)

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Table 2 MAGIC Priority Habitats On-site

Habitat MapColour

Section

Summary Interest

Parkland Light green with tree and grasssymbols

2 “Deliberate tree planting, often with non-native species into a designed landscape, represents a significant component” (www.naturalengland.org.uk)

DeciduousWoodland

Darkgreen

1, 6

Low DensityWoodland

Lightgreen

1

YoungWoodland

Yellow 5 Baydons Wood

NeutralGrassland

No mapcolour

5 Baydons Meadow, County Wildlife Site (NonStatutory Designation), old riverside hay meadow

Flood-PlainGrazing Marsh

Blue N/A East bank of River Avon, outside of site

Habitats

River AvonThe Bristol Avon is an extremely important natural feature and acts as an arterial route into (from the east), and out of (to the west), Chippenham town centre. The river is nationally important for its communities of dragonflies and aquatic plants.

Currently, in the formal parkland areas (1, 2 & 3) the bankside is, in the main, left un-cut except for the vicinity of a number of fishing platforms and several other areas where public access has eroded the bankside vegetation.

Fishing: Chippenham Angling Club control the rights to fishing along the north back of the river across the entire site from the Town Bridge (in the west) to Black Bridge (in the east). Many of the fishing platforms are in a state of disrepair (some are missing entirely) and most show signs of bank erosion because of a lack of formal access steps to the platform.

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Although the fishing rights are due to be discussed by the council in the near future, it is felt that the council members are unlikely to agree to remove the platforms entirely. Therefore, the suggestion of this report is that all platforms be repaired, or replaced and formal access (such as steps) be installed to limit public access to, and erosion of, the bankside. Certain areas had significant bankside erosion and ground damage from footfall to the river edge where no fishing platform remained – in these cases, valuable wetland edge habitat for ground nesting birds will be impacted and these areas should be restricted access if no platform or pathway is present. Similarly, important areas such as these could be identified and restricted to limit disturbance whilst other areas are improved for safe fishing access.

Figure 3: Footfall damage to wetland edge/bank habitat, in some cases, no fishing platform present (Authors Own, 2020)

Otter: The European Otter (Lutra lutra) is a protected species in the UK following a crash in numbers during the 1960’s. However, otters are now increasing in numbers across Wiltshire and they are an important indicator of good river health (Sussex Wildlife Trust, 2016). Six records of Otter were returned from within 250m of the site from Wiltshire & Swindon Biological Records Centre. Although the last WSBRC held record related to 2016 a member of the public provided anecdotal record of otter from 2019, confirming the continued presence of this species along the Monkton Park Avon.

Water Vole: In the last 30 years water vole (Arvicola amphibious) has declined by 90%. This has been caused by a range of factors, including habitat loss and the introduction of American mink (Neovision vision) (Sussex Wildlife Trust, 2013). Whilst no records of mink were returned by WSBRC, eleven records of water vole were returned from within 250m of Monkton Park. However, the latest record was dated 2006 and all eleven records were unverified. Therefore it is suggested that a further ecological survey to establish baseline presence of water vole be carried out in 2020.

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Conservation of River & Bankside Habitat: Advice on instream habitat management to conserve fish, otter, water vole and other aquatic species is a specialised service outside the scope of this report. However, the Water Team at Wiltshire Wildlife Trust may be able to provide advice and practical works to improve the overall habitat quality of the River Avon at Monkton Park. Funding streams may be available to enable this work.

Although bankside vegetation is generally left uncut, this is usually only up to where the bank starts to slope away to the river. An increase of uncut vegetation of 1-2m on flat ground away from the sloping bank will provide habitat that wildlife depends on for food and shelter, protection from erosion and encourage native plants to thrive. Native trees with overhanging branches should be left in situ, unless a health and safety hazard. Dead wood in the river and on the banks is very beneficial for invertebrates and will be used by otters for shelter, as long as not interfering with water flow.

Figure 4: Examples of bankside vegetative growth seen; photo one with dense bankside scrub and photo two with low grass vegetation (Authors own, 2020)

Figure 5: An example of an area of river edge grassland which could be set-aside as an area of long growth/bankside vegetation and scrub for wildlife (Authors Own, 2020)

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Pesticides are extremely hazardous to fish and other aquatic life and the use of pesticides is a major cause of invertebrate decline. Very few pesticides are approved for use within 5m of a river. Permission should be sought from the Environment Agency before using herbicide on bankside vegetation. Best practice would be to refrain from pesticide or herbicide use entirely within at least 10m of the bank, or the site in its entirety as leaching through soil layers is rarely addressed as a contraindication.

Formal Parkland & Golf Course

Figure 6: Outlined areas of 1, 2 and 3; Formal Parkland and Golf Course (Edited; Google Earth)

Areas 1, 2 and 3 (Emery Gate, Main Parkland and Golf Course) are, outside of the immediate riverside habitat, all amenity parkland areas associated with the grounds of the old Monkton House. The three areas all see high levels of public usage and will require regular tree inspection as suggested in Tree and Woodland Management at Monkton Park (Wolf, W 2019).

This report suggests that the schedule of works and timeline in the above document should be adhered to unless that document is superseded, or any further survey detects a feature that must be conserved (see below: bats). Furthermore a general adherence to the current fortnightly cutting regime is also suggested, outside of the riparian corridor and any other features suggested below.

As suggested in Tree and Woodland Management at Monkton Park (Wolf, W 2019) little recent tree planting has been noted in the formal parkland areas. Opportunities exist in area 2 (Main Parkland) to introduce new trees, both native and ornamental, to encourage a diversity of tree age, create understorey and replace some of the bank-side Sycamore. Mature and ancient woodland is of significant importance to wildlife and local ecology but as these trees inevitably become diseased or require felling, essential habitat is lost. Natural succession of younger trees through regeneration would occur in woodlands under less artificial

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management. By planting young saplings and shrubs, the diversity of canopy layers and understorey could be greatly improved, providing additional nesting and feeding sites for wildlife.

Figure 7: Circled areas indicating sites for potential young tree regeneration planting (Edited; Google Maps)

In addition, opportunity also exists within area 2 for designated areas of longer grassland inter- planted with bulbs and/or wildflower plug plants to offer colour and interest as well as benefit for wildlife.

Figure 8: Highlighted areas indicating potential sites for longer grassland and/or bulbs/wildflowers (Edited; Google Maps)

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A post and wire fence exists between the Golf Course and the Riverside Path and along an area of this a hedgerow has been planted. This report suggests that the hedgerow be continued along the whole southern boundary of the golf course at a greater density. Native hedgerow species should be included such as Hawthorn, Blackthorn, Crab Apple, Hazel etc. This will not only provide a better boundary and privacy for the golf course but will also offer a greater food and shelter source for wildlife, connecting the woodland to a lower shrub layer. Once established this hedge should be managed on a 3 year cutting cycle and will provide a shelter-belt and continuation of the linear habitat corridor.

Figure 9: Existing boundary between footpath and golf course (Authors own, 2020)

Informal Parkland & Riverside Corridor

Figure 10: Areas 4 & 6 outlined on map (Edited; Google Maps)

To the south and east of the golf course, areas 4 & 6 are much less rigorously managed than the formal parkland that precedes it. The bankside of the river is wider here, with more scrubby areas and bankside trees. A number of small areas of scrub sit within the rough grassland which

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is currently cut once a year, with some areas left uncut. A thicket of blackthorn scrub lies on the boundary between areas 4 and 6. The whole area has a country-park feel.

Flora records from as far back as 1888, returned from WSBRC show that historically this area had some botanical interest. In particular records of wild clary (Salvia verbenaca) and basil- thyme (Clinopodium acinos) suggest that the underlying soil, at least in seams, is lime-rich or chalky.

Taking into account the flora records, current management and the country-park feel, the suggested future management would be a continuation, expansion and maintenance of a grassland/scrub/woodland habitat matrix. Small areas of scrub, maintained on a long cutting rotation should be interspersed with areas of planted woodland and natural regeneration, whilst a sequence of grassland areas should be managed to maintain botanical interest.

As seen from Figure 11, Area 4 shows the beginnings of a habitat matrix with areas of varied grass heights, some shrubs, standing dead wood etc. It is however lacking the quality and diversity needed to be truly beneficial for wildlife. This would be improved through additional planting of scrub layers and trees as well as a considered cutting regime to form better grassland matrix.

Figure 11: Grassland of Area 4 (Authors Own, 2020)

There is a small number of Blackthorn thickets which are relatively mature and dense. The edges of these thickets should be allowed to naturally succeed outwards into adjacent grassland to a certain degree, enabling fresh regeneration which is beneficial to butterflies and other invertebrates. For example, the Brown Hairstreak butterfly lays its eggs and its caterpillar thrive on young blackthorn growth.

The main thickets which are mature and dense could be improved by creating small scallop or glade clearings within each clump to allow for younger regeneration. This could be done on a 3 year rotation, essentially bringing the thickets to a more rejuvenated state over time. Clear (“scalloping”) areas of mature blackthorn (Prunus spinosa) to make way for the younger 2-3 year old growth is hugely beneficial. By cutting crescents, or scallop shell shapes into the

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hedge line, you not only create space for new growth, but also create slightly sheltered alcoves which will warm up more quickly and retain heat. This allows more herb growth and in turn benefits various insect and mammal species, as well as effectively extending the total length of the hedgerow.

Figure 12: a) Blackthorn thicket at Monktons Park (Authors own, 2020) b) Large blackthorn scallop on a similar larger site (Sutton Nature Conservation Volunteers (2020)

Scrub: A stand of scrub with varied plant species, age and structure will support a great variety of species and will provide a continued source of nectar, fruits, seeds and shelter, breeding and roosting sites. Scrub is the transitory stage between open habitats such as grassland and closed canopy woodland and as part of the habitat mosaic it will provide food and shelter for invertebrates, amphibians, reptiles, mammals and birds.

Some tall herbs, often associated with scrub edge, are vital to many grassland invertebrates that need nectar-rich shrubs to complete their lifecycles. Species such as blackthorn, hawthorn, bramble and herbs provide early pollen and nectar, as well as foraging habitat for herbivorous and predatory invertebrates in both adult and larval stages. Standing and fallen dead timber is valuable habitat for fungi and wood-boring insects.

Grassland: Permanent rough grassland is the preferred habitat for mammals such as the field vole, shrews and wood mice which are the main food sources for barn owls and birds of prey in the UK.

Grassland can also support rare species such as orchids and butterflies. Invertebrates also thrive in rough grassland as the insects and their eggs are better able to overwinter within the taller grass stems.

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The most important aspect of managing rough grassland is not to disturb the litter layer which is the perfect environment for mammals, reptiles and invertebrates. However, grassland that is never cut or grazed will gradually become over-grown by brambles and scrub, and eventually trees, so some form of management is essential in the long term.

One option is in late July or August to cut alternate strips across the field to a height of about 80mm. The following year, cut the other strips in the same way and so on, so each strip is cut every two years.

Areas next to hedges should be left to grow long. A number of other areas should be cut once or twice a year, with the cuttings removed. This prevents a build-up of nutrients which causes coarser weeds to out-compete the more delicate wildflowers.

Reducing the number of cuts and delaying the cut until later summer has a number of benefits for wildlife as well, allowing plants to set seed and avoiding conflict with other wildlife interests such as invertebrates and nesting birds.

Woodland: To provide the final aspect of the scrub/grassland/woodland habitat matrix small copse areas should be planted up with native species of locally sourced saplings. In the wetter areas alder, willow and silver birch should be selected, whilst in the dry areas a good mix of oak, hazel, field maple, wild cherry and rowan is suggested.

Without some form of management the deciduous woodland in area 6 will become dark, over-shaded and dominated by big mature trees without any variation in structure, age or cover. Ultimately this will reduce the amount of wildlife that can live there. This often involves a mix of approaches – some areas can be coppiced and some areas can be left to go wild. Selective thinning will ease competition, provide structural diversity and allow light to the woodland floor. This in turn will encourage the field layer and understorey. Log piles and dead- hedges can be left as habitat for invertebrates.

At the north end of area 6, away from the electricity wires, there is potential for community fruit orchard project of small, local variety, apple, pear and plum trees.

*

Woodlands and Ivy: This familiar plant, seen climbing up trees and walls everywhere, is a great provider of food and shelter for many species from butterflies to bats. However, as stated in Tree and Woodland Management in Monkton Park (Wolf, W 2019), “Ivy on trees is often a point of disagreement and misunderstanding for many.” The Wiltshire Wildlife Trust position on ivy broadly follows the document above in that whilst it does provide a valuable habitat, it can also hide tree defects and overwhelm an already declining tree. Management should

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therefore be taken on a case-by-case basis. Ultimately in areas of high public use, where a health and safety risk is present, severing at the base can be employed as a last resort. In areas of semi-natural woodland ivy should be left to grow for its nature conservation benefits where appropriate. If a general rule were to be applied, then trees in high risk areas (near pathways, entrances etc.) could be cut when the ivy reaches two thirds of the height of the tree. Elsewhere on site, trees clad with ivy should be left as a valuable habitat resource for nesting and feeding birds and invertebrates. Trees clad with ivy will require careful health monitoring, not because ivy causes disease or death, but because signs of disease or dieback within the tree itself may be more difficult to notice through the vegetation (Tree Advice Trust, 2004).

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Bats: Records of eight species of bats were returned from within 250m of the site from Wiltshire & Swindon Biological Records Centre. These were Lesser Horseshoe, Barbastelle, Daubenton’s, Whiskered, Noctule, Common Pipistrelle, Soprano Pipistrelle and Brown Long-eared. Of these Lesser Horseshoe and Barbastelle are classified as at least scarce.

Bats use the landscape in three ways, for foraging, for roosting and for commuting. To conserve bats provision must be made for each of these three key areas.

Bats are insectivores, so creating and enhancing features that provide a mixture of flowering plants, trees and shrubs, will attract nocturnal flying insects. Dense understorey should be retained in woodland. Standing and fallen deadwood should be left in situ unless a health hazard. Flower-rich areas and uncut grass will provide foraging opportunities in open grassland, whilst the creation of a pond complex and the retention of bankside trees should be encouraged along the river.

All bat roosts are protected by law. Some species rely on holes and cracks in veteran trees, whilst others will use buildings. Because of the rare species listed above a further specific bat survey is recommended to be carried out to detect the presence of roost sites. The results of this survey will inform the decision on carrying out the work specified in Tree and Woodland Management at Monkton Park (Wolf, W 2019)

Commuting between the roost and foraging area is an essential requirement for bats. All known bat commuting routes should be retained and enhanced. Routes usually follow linear features, in the case the river itself will be the main route, but hedgerows, gardens and woodland edges are also used.

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Baydons Wood & Baydons MeadowBaydons Wood: On the south bank of the River Avon to the west of area 5 lies Baydons Wood, a new millennium woodland, planted in 2000 that was transferred to Chippenham Town Council ownership from Woodland Trust after 2015. The underlying geology is Kellaways clay with fine alluvial topsoil. To the south west an area bordering Baydons Lane is now fenced off from the wood and under development.

At the time of the site visit in January 2020, a CTC employee was using a tractor mounted flail attachment to cut the pathways through and around the wood. This has led to very wide, muddy pathways and woodland edges, with a lack of scrub, understorey and field layers. It is also a relatively destructive method for maintaining woodland habitats for the benefit of wildlife. The use of such large machinery in this small woodland is also negatively impacting on ground flora and soil structure, leading to compaction and lack of biodiversity.

Figure 13: Baydons Wood damage from flailing woodland pathways/edges (Authors own, 2020)

The key to managing pathways, rides and glades for wildlife is to maintain open conditions without compromising a structurally diverse, shrubby woodland edge. A ride or glade needs to be wide enough to allow sunlight to reach the central area as well as the south-facing shrubby edge. The south-facing edge of a pathway will be warm in the summer sunshine, whilst the north facing edge will be cooler and damper. Both aspects are important for insects; the sunny edge supporting basking insects and the shady edge more attractive to feeding insect larvae.

It is important not to lose valuable habitat such as a scrubby woodland edge as the edges where one habitat transcends into another (woodland to grassland) can actually be the most biodiverse and beneficial areas for wildlife, offering regeneration of young saplings, increased ground flora and herbs. Pathways must be managed to prevent scrub growth developing into woodland, and to maintain the diversity and quality of the habitat mosaic.

Timing and frequency of cutting sections of a pathway should be varied to increase their value for wildlife. The central zone of a path should be mown once or twice a year to

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maintain the

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short turf. Cut up to 25% of the tall herb zone on rotation each year, to create a mosaic of tall herbs of at least four different ages. Ideally, you should undertake this in late July or August to maintain a species-rich sward. Providing the paths are mown in rotation, and only a small area is cut each year, then insect populations in the area as a whole should not be harmed. The cuttings from this will rot down if left, effectively creating a nutrient-rich compost which would encourage rank and weedy vegetation, such as nettles and grasses, while suppressing more desirable species. These should be removed, or at least stacked in one place.

The shrubby woodland edge should also be cut, but at less regular intervals, or it will grow up into high forest. Lengths should be cut or coppiced every 8–20 years, to create a mosaic of structural diversity along the edge with panels of different aged shrubs and coppiced trees. This should ideally be carried out by hand, aiming to leave healthy cuts and strong branches/limbs. Ideally the rotation period should match the point at which an area of scrub has reached the maximum size and density required. This work should be undertaken outside the bird nesting season and ideally overwinter between November and the end of February. These methods will eliminate the need for flailing within the woodland. Some brash may be retained in localised piles along the woodland edge in the cut areas, as a source of deadwood.

Figure 14: Profile of a three-zone path cutting system (Woodlands.co.uk, 2010)

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Baydons Meadow: This 5.5 Acre hay meadow County Wildlife Site is situated on the south bank of the River Avon in area 5. The land here is owned by Chippenham Borough Land Charity and is managed by Baydons Meadow Wildlife Group (BMWG), which was set up with help from Wiltshire Wildlife Trust (WWT) in 2005. At that time a management plan was set up by WWT to formalise management of the meadow over a 5 year time period.

Hay meadow management, as suggested in the 2005 plan, is based on ancient traditional farming methods which were once prevalent in the clay vales of North Wiltshire. Traditionally wildflower grasslands were managed either for making hay with aftermath grazing or as pasture with low-level grazing throughout the year.

After World War 2 the widespread use of fertilizers and intensive management of grassland for silage has brought about a rapid decline in unimproved hay meadows and the wildlife that they support. Therefore in this low-productivity area of derelict grassland bringing back the old system has improved local biodiversity and created an area that can be used for education and to improve public health and wellbeing in the locality.

As a stakeholder in the site BMWG were contacted by WWT to inform them of this assessment of their land. The group are currently engaged in updating the management plan and intend to bring this into use during the 2020 summer season. Further to this, the group leaders have expressed an interest in a closer working partnership with Chippenham Town Council.

Key Recommendations River Avon

o Survey current number and quality of fishing platforms. Start phased maintenance schedule of repair and replace, including access steps or pathways

o Commission ecological survey to provide base line data on water vole population

o Seek advice on instream habitat management works from Wiltshire Wildlife Trust Water Team

o Implement new cutting regime to increase width of bankside vegetation by 1- 2m

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Formal Parkland & Golf Courseo Continue regular yearly tree inspectionso Continue with current tree management schedule of works unless specific

trees are detected in ecological surveyso Continue current fortnightly grass cutting regimeo Implement new tree planting in areas specified in forthcoming

management plano Implement new wildflower area as specified in forthcoming management plano Phase in plant-up of new golf course hedgerow

Informal Parkland & Riverside Corridoro Expand and maintain and create grassland / scrub / woodland habitat

matrix as per management plano Manage existing woodland as per management plano Plant new woodland as per managemento Implement community orchard projecto Monitor health of ivy clad treeso Commission ecological survey to provide base line data on bat population

Baydons Wood & Baydons Meadowo Baydons Wood

Change path management regime to a more sympathetic 3-zone cutting system

Cut centre zone of pathways 2 or 3 times a year over summer Cut no more than 25% of tall herb zone per year July – September Cut no more than 10% of shrubby edge zone per year November –

February Engage with public on how management is changing to improve

habitat for wildlifeo Baydons Meadow

Initiate contact with BMWG to establish a closer working partnership

19

List of references Wolf, W 2019, Tree and Woodland Management at Monkton Park, William Wolf Tree Surgery 2019, Draft Tree Management Policy V1, Chippenham Town Council2020, Data Search for 250m area around Monkton Park Chippenham, Wiltshire & Swindon Biological Records Centre2016, Managing Your Land to Benefit Otters, Sussex Wildlife Trust 2013, Managing Land for Water Voles, Sussex Wildlife TrustGunnell, K 2012, Landscaping and Urban Design for Bats and Biodiversity, Bat Conservation TrustThe Tree Advice Trust (2004) Ivy – Boon or Bane? [online] Available at: https://www.trees.org.uk/Trees.org.uk/files/f0/f0e3a76b-926f-4cde-b703-417563ae93df.pdf

Figure 1: Annotated Geographical map of the site [online], Google Earth, Jan 2020< https://www.google.co.uk/intl/en_uk/earth/>Figure 2: Geographical map of the site [online], MAGIC, DEFRA Jan 2020<https://magic.defra.gov.uk/home.htm> Figure 3: Authors own, 2020Figure 4: Authors own, 2020Figure 5: Authors own, 2020Figure 6: Annotated Geographical map of the site [online], Google Earth, Jan 2020 Figure 7: Annotated Geographical map of the site [online], Google Earth, Jan 2020 Figure 8: Annotated Geographical map of the site [online], Google Earth, Jan 2020 Figure 9: Authors own, 2020Figure 10: Annotated Geographical map of the site [online], Google Earth, Jan 2020 Figure 11: Authors own, 2020Figure 12: Authors own, 2020Figure 13: Authors own, 2020Figure 14: Profile of a three-zone path cutting system (Woodlands.co.uk, 2010)

Table 1: Statutory designated sites within 1km, MAGIC, DEFRA Jan

2020 Table 2: Priority habitats on-site, MAGIC, DEFRA Jan 2020

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2May 2021\1. 29 July 2020\Reports\Item 14 ACL Delegated Decisions.docx

ACL - Delegated decisions made 17 March-29 July 2020

Agenda Item 14

During the COVID19 pandemic, the Chief Executive had delegated authority to take necessary actions required during exceptional circumstances to continue the council’s activities and to respond to the requirements of government, Wiltshire Council and other appropriate authorities, including responding to planning applications.All decisions made during this period relevant to the Amenities, Culture and Leisure Committee are listed below by date for the Committee to note:RelevantCommittee(s)

Date ofDecision

Decision Made

FullCouncil/ACL

25/03/20 Closure of all Town Council buildings and Suspension of TownCouncil meetings.

ACL/S&R 25/03/20 Meeting Place works, 2 quotes received, agreed to progressonce contractor available.

ACL/S&R 25/03/20 Extra plots to be installed at the cemetery.ACL 01/04/20 Agreed to keep public conveniences open with two extra

dailycleans at a cost of £42 extra per day, approximately £1000 a month in total. To be reviewed monthly.

ACL 15/04/20 To purchase a Ford Transit and a Ford Ranger, as this allows a potential 7 year vehicle life versus an expensive 4 year lease option (purchase cost £55,365). To lease a Grave Digger, Pavement Sweeper and 2 Ride-On Mowers (total lease cost£26,188 p.a.). To defer the replacement of a Ride-On Mower at Stanley Park until the Covid-19 position is clearer. This means that instead of a Capital Cost in 2020/21 of £184,142 to outright purchase all these vehicles, the year 1 (2020/21) cash impact will be £81,553 and years 2 to 5 will be £26,188 p.a. lease cost. All costs (lease and purchase) can be chargedagainst CIL income as confirmed by Wiltshire Council.

ACL 18/04/20 On Saturday 18 April at the daily COVID-19 briefing, Robert Jenrick, Secretary of State for Housing, Communities & Local Government instructed all councils to open all of their parks. We opened John Coles Park on Monday 20 April whilst keeping the play area, refreshment kiosk, car park and other facilities closed to support the social distancing guidelines. A specificclosing time of 8pm has been introduced.



ACL 13/05/20 Following some planned maintenance, the tennis courts, car park and public toilets at John Coles Park will re-open w/c 18 May 2020 in accordance with government guidance. The sensory garden in John Coles Park has re-opened. The MUGA sites will remain closed until the opening of facilities at JohnColes Park has been monitored.

ACL 19/05/20 Decided to re-open the catering concession at John Coles Park from 22 May 2020 for takeaway only and with clear signagesocial distancing measures in place.

ACL 19/05/20 Agreed to trial a Saturday Market on 30 May 2020 for essential food items only for reduced hours of trading between 10am- 2pm. Social distancing measures and a one-way system will bein place. The Market and Compliance Officer will supervise with the assistance of two members of Halls Team staff.



ACL 26/05/20 Agreed introduction of online Museum Shop.ACL/S&R 29/05/20 Agreed to suspend Market fee increase for stallholders

for sixmonths due to the current situation and review in six months.

ACL 29/06/20 All Multi Use Game Areas (MUGAs) opened on Monday 29 June with seating removed in John Coles Park to prevent groups gathering. Government guidance has changed however, we have decided not to reopen any of our 13 children's play areas at this stage, this will be reviewed in two weeks. The SplashPad will remain closed for the season as water play is unsafe. Chippenham Museum will be trialling a national online booking system for two weeks from 20 July to establish if itwould be viable and safe to reopen to the public.

ACL 21/07/20 Agreed to re-open Stanley Park Sports Ground in line with FA and Government guidelines from Monday 27 July with thenecessary risk assessments, cleaning and monitoring by staff in place at an additional unbudgeted cost of £276 per week.



ACL - Delegated decisions made 17 March-29 July 2020

Agenda Item 14

During the COVID19 pandemic, the Chief Executive had delegated authority to take necessary actions required during exceptional circumstances to continue the council’s activities and to respond to the requirements of government, Wiltshire Council and other appropriate authorities, including responding to planning applications.All decisions made during this period relevant to the Amenities, Culture and Leisure Committee are listed below by date for the Committee to note:RelevantCommittee(s)

Date ofDecision

Decision Made

FullCouncil/ACL

25/03/20 Closure of all Town Council buildings and Suspension of TownCouncil meetings.

ACL/S&R 25/03/20 Meeting Place works, 2 quotes received, agreed to progressonce contractor available.

ACL/S&R 25/03/20 Extra plots to be installed at the cemetery.ACL 01/04/20 Agreed to keep public conveniences open with two extra

dailycleans at a cost of £42 extra per day, approximately £1000 a month in total. To be reviewed monthly.

ACL 15/04/20 To purchase a Ford Transit and a Ford Ranger, as this allows a potential 7 year vehicle life versus an expensive 4 year lease option (purchase cost £55,365). To lease a Grave Digger, Pavement Sweeper and 2 Ride-On Mowers (total lease cost£26,188 p.a.). To defer the replacement of a Ride-On Mower at Stanley Park until the Covid-19 position is clearer. This means that instead of a Capital Cost in 2020/21 of £184,142 to outright purchase all these vehicles, the year 1 (2020/21) cash impact will be £81,553 and years 2 to 5 will be £26,188 p.a. lease cost. All costs (lease and purchase) can be chargedagainst CIL income as confirmed by Wiltshire Council.

ACL 18/04/20 On Saturday 18 April at the daily COVID-19 briefing, Robert Jenrick, Secretary of State for Housing, Communities & Local Government instructed all councils to open all of their parks. We opened John Coles Park on Monday 20 April whilst keeping the play area, refreshment kiosk, car park and other facilities closed to support the social distancing guidelines. A specificclosing time of 8pm has been introduced.



ACL 13/05/20 Following some planned maintenance, the tennis courts, car park and public toilets at John Coles Park will re-open w/c 18 May 2020 in accordance with government guidance. The sensory garden in John Coles Park has re-opened. The MUGA sites will remain closed until the opening of facilities at JohnColes Park has been monitored.

ACL 19/05/20 Decided to re-open the catering concession at John Coles Park from 22 May 2020 for takeaway only and with clear signagesocial distancing measures in place.

ACL 19/05/20 Agreed to trial a Saturday Market on 30 May 2020 for essential food items only for reduced hours of trading between 10am- 2pm. Social distancing measures and a one-way system will bein place. The Market and Compliance Officer will supervise with the assistance of two members of Halls Team staff.



ACL 26/05/20 Agreed introduction of online Museum Shop.ACL/S&R 29/05/20 Agreed to suspend Market fee increase for stallholders

for sixmonths due to the current situation and review in six months.

ACL 29/06/20 All Multi Use Game Areas (MUGAs) opened on Monday 29 June with seating removed in John Coles Park to prevent groups gathering. Government guidance has changed however, we have decided not to reopen any of our 13 children's play areas at this stage, this will be reviewed in two weeks. The SplashPad will remain closed for the season as water play is unsafe. Chippenham Museum will be trialling a national online booking system for two weeks from 20 July to establish if itwould be viable and safe to reopen to the public.

ACL 21/07/20 Agreed to re-open Stanley Park Sports Ground in line with FA and Government guidelines from Monday 27 July with thenecessary risk assessments, cleaning and monitoring by staff in place at an additional unbudgeted cost of £276 per week.

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