The adopted SPDs below provide additional guidance on existing national and local planning policies.

The Conservation Management Plans also have SPD status and can be read in the 'Conservation Areas' section of the Buildings Conservation webpage.

The Design Guide (April 2016) sets out detailed guidance/good practice advice for new development and to protect/enhance the District's historic environment.

Land to the west of Pye Green Road, Hednesford is a strategic urban extension to help meet the housing need requirements within the District and to provide associated infrastructure.  The Development Brief provides guidance on how the area could be developed in the most effective way and was subject to public consultation from 08.12.10 until 19.01.11.  The following information is available to download:

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, instruction will be given to our tree contractor to make the tree safe within 24 hours.

1. If a tree poses an immediate and present danger it will be made safe within 24 hours (Very High Risk - emergency situation). If the level of risk is lower the tree will be made safe within 2 weeks (High Risk) or 2 months (Medium Risk).

2. Signs to look for which may mean that a tree is in such condition to warrant immediate attention include a tree which is:

a) Snapped or blown over

b) Rocking at its base – roots are damaged

c) Uprooted but held up by another tree or building

d) Large branch has broken off or is hanging off the tree

e) Blocking road, footpath, access to property

f) Fallen on to house or car

3. 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) Dead

b) Dying - few leaves in summer or dieback in the crown

c) Bark is loose and falling off

d) Mushrooms or fungi growing on or near the tree

e) Old splits and cracks in the trunk or large branches

f) Smaller branches falling from the tree

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

Customer Advice:

Bird droppings may be a nuisance, but the problem is not considered a sufficient reason to prune or remove a tree.  Nesting birds are protected under the Wildlife and Countryside Act (and other related wildlife law) and warm soapy water will usually be sufficient to remove the bird droppings.

The council has in place active tree management systems to avoid damage being caused to buildings and other structures as a result of the action of council owned trees. We rigorously defend claims to identify bogus or false claims.

a) Concerns about tree-related subsidence damage:

All concerns about tree-related subsidence damage involving a council owned tree will be acknowledged within 12 working days of receipt. In our response, we will advise that you should contact your insurance provider for advice. In addition, we will advise you that you should contact us again if you wish to make a formal claim for damages or to formally notify us of your concerns about future damage. 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 12 working days of receipt. In our response, we will follow the Joint Mitigation Protocol (http://www.ltoa.org.uk/resources/joint-mitigation-protocol ) for dealing with alleged tree-related subsidence claims and the CAVAT (Capital Asset Value for Amenity Trees - http://www.ltoa.org.uk/resources/cavat) methodology for assigning a value to a tree.

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 we will respond by advising that you should contact your property insurer. You should discuss your concerns with your property insurer to agree an appropriate course of action.

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 tree is causing (or may cause) subsidence damage to your property, then you should contact the council.

Cannock Chase District Councils' Insurance Team will manage your claim/notice in accordance with the 'Joint Mitigation Protocol'. The Joint Mitigation Protocol details the management of alleged subsidence claims where trees are implicated as being the cause of building movement. The Joint Mitigation 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.

If the trunk of a tree in council ownership is within 1m your property (dwelling house, boundary wall, garage etc.) we will take action to reduce or remove the nuisance.

Site inspection will be undertaken. Customers will be informed within 12 working days of receiptthat a site inspection is required and that such a site inspection will be undertaken within 12 weeks  of  receipt  and  the  customer  notified  of  what  action  is  considered appropriate.

In many cases the solution will be for the council to prune the tree, but in exceptional circumstances it may be more appropriate to fell the tree. If pruning is appropriate we will endeavour to undertake works to stop the problem re-occurring within three-years.

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

1. Tree roots typically invade drains that are already broken or damaged. Trees themselves very rarely break or damage the drain in the first place. 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.

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 heralds the start of spring. Blossom is a natural occurrence, which cannot be avoided by pruning.

2 Leaf fall usually occurs at the start of autumn, leaves are a natural occurance, which cannot be avioded by pruning.

We will not prune or fell a council owned tree to remove or reduce the nuisance of fruit / berries or nuts, or remove such fallen fruit from private land. However,  where  fallen  fruit  is  leading  to  a  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.

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. But, there are some locations where fruit trees are less desirable, for example where soft fruit would make the pavement slippery or where anti-social behaviour could encourage fruit being thrown at houses or cars. When considering what tree to plant we take account of the likelihood of such problems. Equally, where fruit trees are established but there is a significant anti-social behaviour problem we may consider phased removal and replacement.

We will not prune or fell a council owned tree to improve natural light in a property.

In law there is no general right to light. Any right to light would need to be established via  a  specific  grant  (rare)  or  by  prescription,  which  can  only occur where the right has been enjoyed uninterruptedly for a minimum of 20-years.  Following  this,  a  legal  right  to  light  can  only  be  enjoyed  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.  Further,  if these conditions are met then an owner of the building is 'entitled to such access of light as will leave his premises adequately lit for all purposes for which they may reasonably expect to be used.

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 Anti-social Behaviour Act, 2003.  For further information refer to the council's planning web page on ‘High Hedges’.

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

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.

Unfortunately, there is little that can be done to remove the aphid which causes the problem and pruning the tree may only offer temporary relief and any 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 that are less likely to cause this problem. Where honeydew affects cars, warm soapy water will remove the substance, particularly if you wash the car as soon as possible.

We will prune around a cable to give 0.5m clearance from the cable.  We will not fell a council owned tree to remove or reduce interference with telephone wires.

If after the pruning works have taken place, and interference is still occuring, then maybe your telephone service provider will be able to suggest an alternative solution to the problem.

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

Overhanging branches is a natural occurance of trees and they do not have the ability to designate boundary lines.  Where a trees canopy does overhang the boundary, then these branches can be pruned back under your common law right.  We would request that inital communication must be made between the neighbour and the tree owner, as this can help to reduce future issues.  In most cases the Council will allow the pruning back of our trees branches, formal consent is not required.  We will not remove the branches for you and request that these can then be disposed of appropriatly in your green garden waste bin.  We would strongly recommend contacting Parks and Open spaces before arranging the works to ensure the trees are not protected by a Tree Preservation Order or within a Conservation Area.

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

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 ‘Trees Believed to be Dangerous’ policy for the Council to consider it to be dangerous.

We will not prune or fell a council owned tree to prevent interference with TV / satellite reception.

It maybe that your satellite or TV provider will be able to suggest an alternative solution to the problem, for example relocating the aerial/dish or means to boost the signal.

We will not prune or fell a council owned tree to prevent interference with solar panels.

Although we understand the green benefits of solar panels on a roof, this can not be to the detriment of other green benefits such as the benefits that trees give to people or the wider community.

 The trees on our 19 sites are of importance to the local wildlife that they attract.  We will ensure the trees are safe for our users and the local community.  We will allow our trees to grow to full maturity in order to aid the wildlife in the local area.

Further information on the courtyside team can be found here.

 We look after all the trees on housing estates and thoses within tenants gardens.

Inspections will only be carried out where a hazard has been identified and meets at least one of the criteria below

• If the tree is dangerous, diseased or deceased.
• If the tree is causing damage or disrepair to a council property.
• Emergency/Storm damage

For tree enquiries that meet the criteria, please contact the Cannock Chase Council Contact Centre on (01543) 462621 giving the customer service operator the following details:

1.  Name, address and telephone number.
2.  Location (front/rear etc.), type of tree if known.
3.  Reason for concern about the trees safety.  e.g. broken/damaged branch.

We currently do not look after trees owned and managed by County Council.  These trees are typically on streets, pavements and some walkways.  County Council can be contacted on: 0300 111 8000 or highways@staffordshire.gov.uk

The Cannock Chase is owned and managed by the Forestry Commission, we can not stop forestry works carried out by the Forestry Commission nor can we protect trees by a Tree Preservation Order.

The Forestry Commission will carryout large scale tree removal operations to keep a forest rejuvenated.  This is part of the life cycle of a forest and once trees are removed, the Forestry Commission will usually re-plant with new trees to grow up and become large mature trees.

If you have any comments or wish to contact the Forestry Commission or they can be contacted on: 01889 586593.

Tree Preservation Orders (TPO’s) are produced by the Local Authority where it is seen that the tree brings significant impact to the local environment.  They are legal protection under the Town and Country Planning (Trees) Regulations 2012.  It is unlawful to allow the cutting down, topping, lopping uprooting, willfully damage or willful destruction of trees without the planning authorities permission.

Conservation Areas automatically protect trees once they are greater than 75mm in diameter at 1.5m.  It is unlawful to carry out works to a without giving 6 weeks notification of your intended works.

Further details can be found by following the link here.

CONTENTS

1. Background

1. 1. Rough sleeping is the most extreme and visible form of homelessness and yet many rough sleepers do not qualify under the homelessness legislation as being eligible for housing assistance. A Government commitment is that no rough sleeper should have to spend a second night out (Vision to end Rough Sleeping No Second Night Out July 2011) and in 2018 the MHCLG launched a Rough Sleeping Strategy setting out the Government’s vision for halving rough sleeping by 2022 and ending it by 2027.  
2. 2. The Council is committed to working with partners to link rough sleepers with the services that can help them find a way off the streets and into settled accommodation. However, in times of extreme and cold weather, rough sleepers are particularly vulnerable to harm and death.
3. 3. This Severe Weather Emergency Protocol (SWEP) sets out the arrangements that Cannock Chase Council will put in place to ensure that people are not at risk on the streets in the Cannock Chase area during severe weather.
4. 4. The Protocol will be in place at any time where the criteria in Section 3 applies.
       
5. Purpose of the Protocol

1. 1. This protocol will ensure that the Council takes the necessary action to ensure that all rough sleepers have the opportunity to have access to shelter if it is believed that they are at risk due to sleeping rough during severe cold weather. This protocol refers to SWEP Guidance (2018 and 2019) provided by Homelessness Link www.homeless.org.uk 
       
2. Triggers for putting the protocol into place

1. 1. Historically SWEP has been triggered when temperatures have been forecast at zero degrees or below for three consecutive days. However, this advice to Local Authorities was updated in October 2018 and now recommends that a common sense approach is taken, where the impact of the rain, snow and wind chill are taken into account, and the ‘feels like’ temperature is checked, along with conditions underfoot (i.e. ice), when deciding to implement SWEP provision.

1. 2. Therefore, taking into account the revised recommendations the SWEP Provision for Cannock Chase Council will be implemented if the following criteria applies:

The temperature is forecast to drop to zero degrees celsius or below on a single night or consecutive nights.  In addition, local conditions such as prolonged periods of heavy rainfall, flooding, snow on the ground, severe high winds, wind chill and other predicted extreme weathers will also be considered as potential triggers.

1. 3. At times of extreme hot weather/heatwaves people sleeping rough may find it difficult to source drinking water and sun protection, increasing risks around dehydration, sunburn and sunstroke. Needs are likely to be more urgent during daylight hours, so a different approach to SWEP will be employed: i.e. the provision of water, sunscreen and support, rather than overnight accommodation provision.
2. 4. The Housing Options Team receives weather alerts direct via email from the Civil Contingencies Unit and the regional weather forecast will be checked daily on the Met Office website www.metoffice.gov.uk . If the above criteria are met the SWEP will be implemented.
3. 5. SWEP will be deactivated when the forecast predicts temperatures of 1 Degree Celsius or above for two or more consecutive nights, however, as previously stated local conditions of prolonged periods of extreme weather will be considered when deactivating SWEP.
4. 6. The Council’s website www.cannockchasedc.gov.uk  will be updated to advise members of the Public and Statutory/Voluntary agencies that the Protocol has been implemented and to refer any rough sleeper identified within the Cannock Chase District to the Housing Options Team on 01543 462621, the same contact number applies for the ‘Out of Hours’ Homelessness Service.
       
5. Eligibility

1. 1. The Council will not apply Part VII Housing Act 1996 criteria (as amended by the Homelessness Reduction Act 2017) that govern access to housing when deciding whether to assist a person sleeping rough during the period of the SWEP.  As a result, the individual concerned will not be required to demonstrate eligibility for assistance (including whether they have any recourse to public funds), priority need, intentionality or local connection.

1. 2. The individual concerned must only:

• Be at risk if they continue to sleep rough during the course of the severe weather;
• Have no where to sleep indoors during the period of the severe weather (indoors does not include cars, sheds or garages);
  • Agree to the assistance offered by the Council.

1. 3. Many entrenched rough sleepers may be wary of services and less likely to engage. However, extreme weather increases the risk of death or serious illness to people who sleep rough. Continued refusal to accept assistance during severe weather conditions may therefore provide grounds to trigger referrals to other services, such as mental health services, to safeguard the individual.
       

5. Procedure

1. 1. If the rough sleeper meets the eligibility criteria (detailed in Section 4) they will be offered accommodation for the duration of the severe weather.

1. 2. Within office hours the Housing Options Team will manage the arrangements for booking of emergency accommodation. Outside of office hours the Council’s ‘Out of Hours’ Homelessness Service will arrange to place rough sleepers into emergency accommodation during the period of time the SWEP is in operation. The contact number is 01543 462621.

1. 3. All rough sleepers placed into emergency accommodation when the SWEP is in operation will receive assistance from the outreach team provided by Spring Housing, a housing options assessment and referred to other agencies for support, subject to their consent.

1. 4. Once the minimum temperature is predicted to have risen above zero degrees Celsius, emergency accommodation will no longer be provided.

1. 5. The rough sleeper will continue to be offered advice and assistance to deal with their longer term issue of homelessness.

1. 6. If any incidents of anti-social behaviour or unacceptable behaviour occur during the period of time that the emergency accommodation is being provided, the Housing Options Team will review the assistance being provided to ascertain if there are any alternative options to prevent rough sleeping during the severe weather whilst at the same time managing the risks.

1. 7. The temporary accommodation accessed will comprise Hostel, Supported Accommodation, Bed and Breakfast establishments.
       

6. Financial Implications

1. 1. The cost of providing emergency accommodation during the SWEP will be met from existing Council resources: The Bed and Breakfast Budget, Government Homelessness Prevention Fund and Housing Benefit.
       

7. Monitoring and Review

1. 1. The following information will be recorded and used to monitor the extent of rough sleeping in the district.

• Source of the referral
• Number and composition of rough sleepers
• Number of nights accommodated
• The cost of emergency accommodation provided
• Information from the Housing Options assessment
• Referrals to partner/voluntary agencies

8. Partner Agencies

Disclaimer: Cannock Chase District Council accepts no responsibility or liability whatsoever for the actions taken by the Partner Agencies under this Protocol, as they are subject to their own policies and procedures. Being included on the list of Partner Agencies does not imply or infer that the Council approves, endorses or supports the services provided by them and no contractual relationship exists between the Council and the Agencies.

Copies of the Severe Weather Emergency Protocol (SWEP) will be sent to the Partner Agencies listed below:

Organisation

• Accord
• Adullam Housing Association
• Anchor
• Birch and Samson
• Bromford
• Heantun
• Housing 21
• Midland Heart
• Sanctuary / Beth Johnson
• SSHA
• Platform
• Wrekin Housing Trust
• Cannock Chase NHS Primary Care Trust
• Adult Services (Social Services)
• Leaving Care (Social Services)
• Staffordshire & West Midlands Probation Trust
• Staffordshire Police
• Age Concern Staffordshire
• Aelfgar House
• HealthWatch
• Leaving Care (Social Worker)
• Barnardos
• Staffordshire Children’s Placement Service
• Staffordshire Youth Offending Team
• Staffordshire Women’s Aid
• Substance Misuse Commissioning Team
• BID
• Rethink
• Community Safety Team
• Autism West Midlands
• South Staffordshire Network for Mental Health
• Human Kind Charity
• CCDC Housing Options
• Cannock Advice Centre
• Midstaffs MIND
• Support Staffordshire
• South Staffordshire Family Mediation Service
• Salvation Army
• Pye Green Christian Centre and
• Cannock District Food Banks 
• Chase Lighthouse
• Cannock Lions Club

9. Your views

1. 1. As a reader of this protocol your views are important, please contact us if you have any comments on any aspect of the information provided.

For further information please contact:

Housing Options Team

Civic Centre, Beecroft Road, PO Box 28, Cannock, Staffordshire, WS11 1BG

Tel:   01543 462621

Email: housingoptions@cannockchasedc.gov.uk

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