FOI request detail

Trees on Melrose Avenue

Request ID: FOI-0258-2021
Date published: 15 June 2020

You asked

It has been noted that you have repeatedly ignored my request for information. As you are aware given the vast number of complaints from Melrose Avenue residents, local councillors and the local MP. There is great concern about the felling of trees alongside the District Line in Wimbledon Park. In response to one of your previous emails: Rather it will be an operational decision based on what are determined to be the regular needs for running the railway. Disturbing nesting birds is illegal, so this will obviously be avoided. Our engineers are responsible for the stability of the ground in this area and it is up to them to determine whether or not cutting the trees will be detrimental to the stability of the ground. I'm not able to intervene any further on your behalf but if the council or other official bodies decide the work should be stopped then we will certainly have a conversation with them. We regularly cut trees in this way on our railways. What we find is that once cleared, new saplings quickly re-seed themselves and grow densely to a reasonable height within a few years. Thanks again for contacting us. If there is anything else we can help you with, please reply to this email. Alternatively, you can call us on 0343 222 1234 and we'll be happy to help you. Kind regards Jamie Elizabeth Parker Customer Service Adviser I request that TFL halt the tree felling works until the following information is provided to the Council and the residents of Melrose Avenue. • A copy of the TFL decision report that approved the cutting back of the vegetation. • Clarification of the extent of works (is it cutting back, or complete felling of trees?) • A copy of TFLs arboricultural assessment of the condition of the trees and assessment of the risk the trees pose to the safe operation of the District Line. • TFLs assessment of how the decision took into account the Nature Conservation status of the site. • TFLs plans to reinstate planting with species more suitable to minimising risk to the railway, given the site's policy designations. • TFLs assessment of how the works being undertaken now would affect nesting species. I'd like to bring to your attention that the location is part of a Green Corridor (Merton's Local Plan Policies CS13, DM01) and Site of Importance for Nature Conservation (Merton Local Plan Policies CS13, DM02) The loss of trees is not in line with the spirit of Merton's planning policies or the Council's recent declaration of a Climate Emergency in which we promote increasing the tree canopy cover in the borough. Understandably, it’s a loss to local residents visual amenity and the green infrastructure of the borough. The actions don't appear to reflect how TFL manage green infrastructure as set out on your website: https://tfl.gov.uk/corporate/about-tfl/green-infrastructure Whilst the works may be deemed essential; there is as yet, no evidence of how this decision was reached. We are keen to prevent the non-essential loss of trees and request that TFL; • Halt the felling works until we have received the relevant assessments and condition surveys • If the works are deemed essential, TFL provide plans for reinstatement of planting suitable for a Site of Importance of Nature Conservation and to offset the carbon impact, noise pollution, invasion of privacy on the local resident and of the loss of mature trees.. Again. Please escalate this to the highest possible point available to you so we can enter into discussion with the decisions makers and get the answers we require.

We answered

TfL Ref: EIR-0258-2021

Thank you for your request of 20th May 2020 asking for information about trees alongside the District line.

Your request has been considered in accordance with the requirements of the Environmental Information Regulations and our information access policy.

Specifically you asked for:

  • A copy of the TFL decision report that approved the cutting back of the vegetation.
  • Clarification of the extent of works (is it cutting back, or complete felling of trees?)
  • A copy of TFLs arboricultural assessment of the condition of the trees and assessment of the risk the trees pose to the safe operation of the District Line.
  • TFLs assessment of how the decision took into account the Nature Conservation status of the site.
  • TFLs plans to reinstate planting with species more suitable to minimising risk to the railway, given the site's policy designations.
  • TFLs assessment of how the works being undertaken now would affect nesting species.

I can confirm that we hold some of the information you require. Your requests are addressed in turn below:

  • A copy of the TFL decision report that approved the cutting back of the vegetation.

Please find attached copies of the inspection reports for this area. Note that the names of staff have been removed under section 40(2) of the Freedom of Information Act, the exemption that protects against the unfair release of personal data. Also attached is a copy of our “Vegetation Management Overview” which proivdes some further background and context.

  • Clarification of the extent of works (is it cutting back, or complete felling of trees?)

As per the information in the inspection reports.

  • A copy of TFLs arboricultural assessment of the condition of the trees and assessment of the risk the trees pose to the safe operation of the District Line.

As per the information in the inspection reports.

  • TFLs assessment of how the decision took into account the Nature Conservation status of the site.

There is no further documentation relating to this area or planned works other than those in the attached inspection reports and the Overview document. However, having liaised with the relevant Vegetation Delivery Manager I can report as follows: the tree and vegetation inspection teams are specialist arborists / ecologists, who are qualified to undertake risk assessments.  The hazard/risk dynamic next to a running railway is significantly greater than in the wider environment.  Therefore, a tree with significant defects could be retained for wildlife habitat if growing in a field with few targets, but would be recommended for urgent treatment if growing next to a railway.

It should be noted that trackside land is within the definition of “Operational Land” in accordance with Section 262 of the Town and Country Planning Act 1990 (as a Railway Company, London Underground Ltd is classed as a “Statutory Undertaker”).  This means that trees between the operational boundary fences of London Underground property are exempted from the Tree Preservation Orders and Conservation area legislation; therefore there is no need to seek planning permission before felling a potentially dangerous tree.

  • TFLs plans to reinstate planting with species more suitable to minimising risk to the railway, given the site's policy designations.

We will be looking at replanting in certain areas from next year. Currently we are still carrying out safety related maintenance works and do not have a planting programme for this area.

  • TFLs assessment of how the works being undertaken now would affect nesting species.:-

Vegetation operatives are briefed regards ecology and nesting birds. The site is assessed before and during works, and if a nest is found the work is stopped and a buffer zone of vegetation is left in place; work will then be completed at a later date when any chicks have fledged.  Due to the size of the LU estate it is necessary to work all year round to maintain a safe railway.

If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.

On a more general matter, please note that the Government has announced a series of measures to tackle the coronavirus. It is essential for London that we continue to provide a safe transport network for essential journeys.

In current circumstances, we are not able to answer FOI requests readily and we ask that you please do not make a request to us at present.

Answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. In any event, please note that our response time will be affected by the current situation.

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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