Freedom of Information Request – Tree removals and removal requests for insurance or building damage reasons
Thank you for your information request, which we received on 12 July. We have considered your request under the Environmental Information (Scotland) Regulations 2004 (‘the EIRs’).
Your Request
Trees that are near buildings are often threatened by requests for removal. These requests normally come from homeowners or property owners or their insurance companies after trees are alleged to be causing damage. In many cases these trees pre-date the buildings that are being affected.
Since you own a significant amount of land, you are responsible for a large number of trees - either through direct ownership or because of a responsibility for maintenance and any liability that may arise. I would like to understand more about how claims for building or infrastructure damage issue affect your organisation and the trees you are responsible for.
In particular, I would like to know, over the past 10 years:
- The locations of trees removed by your organisation due to property or infrastructure damage, ideally accompanied by their species and the date of removal where possible (locations via GIS data, What3Words, OS coordinates, or addresses as you find easiest)
- How many of/which of these trees were removed due to claims or requests from insurance companies
- How much your organisation paid to remove each tree (if this can be attributed per removal, or how much the organisation spent on tree removal each financial year if not)
- How much your organisation paid out in insurance claims for tree damage to properties (individual claim values preferred, but an aggregate value may be acceptable if you consider the individual values to be exempt from disclosure)
- The number of trees where removal has been requested, but was either refused, an alternative solution found, or the situation is still ongoing; any breakdown that can be provided (similar to above, e.g, species and location) would be appreciated
Please follow the following principles when considering this request:
- Data at an individual tree level is preferred, but where you consider this can't be disclosed due to commercial or legal agreements (e.g, insurance claims, contractor works) then aggregate data either annually or (worst case) over the whole period may be acceptable
- Some data is better than no data; for example, if data is only available for the last 5 years then that is better than refusing the request
Our Response
We have discussed your request with our Operations and Property Teams, and we have responded to each of your questions below based on your timescale of the past 10 years.
The locations of trees removed by your organisation due to property or infrastructure damage, ideally accompanied by their species and the date of removal where possible (locations via GIS data, What3Words, OS coordinates, or addresses as you find easiest).
NatureScot undertake regular tree surveys on all our sites and assess whether they are potentially dangerous for public safety or damage to buildings. Very few of our reserves have privately owned properties on or directly adjacent to them.
- Isle of Rum – 1 beech tree removed due to risk to a residential property – Grid Ref NM402996 – this tree was removed by tree surgeons due to the scale of the tree and its proximity to buildings. – cost to NatureScot - £1,500 – March/April 2024
- Loch Fleet NNR – 1 tree removed due to risk to power line(s) – Grid Ref NH812978 – this tree was removed by the electricity company - at no cost to NatureScot - September 2022
- Loch Fleet NNR – 1 tree removed due to risk to bird hide on the NNR – Grid Ref NH803974 – this tree was removed by estate staff – at no cost to NatureScot – December 2017
- Craigellachie NNR – 1 birch tree fell onto a garage of a residential property – Grid Ref NH885126 – It was not removed by NatureScot, and our records show no costs incurred by NatureScot – February 2016.
- Craigellachie NNR – 1 birch tree fell onto a fence on a neighbouring property – Grid Ref NH885126 – It is unclear from our records who removed the tree but our records show no costs incurred by NatureScot - February 2020
We have not provided the exact grid references for numbers 1, 4 & 5, as we consider that providing this information could, if combined with other information, identify the individuals involved, and this would breach the Data Protection Act 2018. We are therefore withholding the exact grid square information under EIRs Regulation 11(2) – Personal Data.
How many of/which of these trees were removed due to claims or requests from insurance companies
None
How much your organisation paid to remove each tree (if this can be attributed per removal, or how much the organisation spent on tree removal each financial year if not)
See point one above.
How much your organisation paid out in insurance claims for tree damage to properties (individual claim values preferred, but an aggregate value may be acceptable if you consider the individual values to be exempt from disclosure)
None
The number of trees where removal has been requested, but was either refused, an alternative solution found, or the situation is still ongoing; any breakdown that can be provided (similar to above, e.g, species and location) would be appreciated
None
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Online appeal service
FOI website
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot [email protected]