Marishal Thompson Group

Arboricultural & Ecological Consultants

Arboriculture • Ecology • Land Management • Expert Witness • Risk Management & GPS Surveying
The National Arboricultural Consultancy team
provides survey and reporting expertise to a
broad range of clients nationally; services include:
Property Development Surveys
Our philosophy is to provide costs effective focused reports that allow clients to fully
understand the implications associated with acquiring a site and once purchased the optimum
tree solutions to allow effective development. Pre-acquisition implication, BS5837 and
planning condition surveys form the core of this service. Additionally, advice is provided on
site monitoring, contract management, method statements, landscape design proposals and
negotiations with Local Authority Tree Officers, Planners and Enforcement officers.

Ecological Consultancy
Ecological Consultancy has been undertaken
by Marishal Thompson & Co. since 1993;
this was focused on the rural environment
associated with Land & Forest Management. Since 2003 the service has been widened to cover all aspects
of urban development and the need for clients to demonstrate compliance with statute. Understanding the
ecological implications of purchasing land is essential if development potential is to be maximised. Marishal
Thompson provides a unique insight into managing ecological constraints effectively through the production
of simple no jargon reporting, mitigation plans and licence applications. A wide project experience ranging
from EuroTunnel Terminal Ashford through to individual house planning applications ensures that we are able
to tailor services specifically to meet client needs.

Tree Hazard , Risk and Inventory Evaluation

Tree condition and hazard evaluation surveys are integral to a greater of lesser extent
in most arboricultural surveys; however, situations arise that require detailed evaluation
of individual or groups of trees in particular in public open spaces.

Innovative technology utilising LIDAR radar pioneered by Marishal Thompson in

partnership with others is allowing rapid tree inventory and risk management
assessments to be undertaken within urban areas revolutionising the ability of Local
Authorities and other tree managers to assess their assets and implement cost effective
focused strategies to optimise the targeting of expenditure.

Mortgage &
Subsidence Surveys
Services range from pre-purchase
mortgage surveys for home-owners to
subsidence claim appraisals and remedial
action reports for Loss Adjusters, Engineers and Insurers. Emphasis throughout is upon ensuring that current and
future risk is clearly identified and effective management strategies recommended. Support throughout the life
of the claim is further provided by our Insurance Services and Expert Witness teams in dealing with mitigation,
negotiation and where necessary litigation aspects of the claim.

Land management
Land Management was the seed from which Marishal
Thompson & Co grew; between 1992-2001 the land area
upon which the Company was engaged as advisor and/or
manager increased to in excess of 30,000 acres of forest and
agricultural land nationally. Clients ranged from institutional
investors through to individual farmers. The impacts and
restrictive movements associated with foot and mouth
disease resulted in the company diversifying away from this
market. Today however the market has recovered and once
again strategic expansion of our activities is encompassing this
market.
Successful Planning & Development
Comprehensive Professional Support
Marishal Thompson & Co has provided specialist ecological advice since 1993. In that time our national network of in-
house consultants has provided national, regional and local support to the widest range of clients. We deliver advice
and practical support at each and every stage of the planning process - from comprehensive projects as an integrated
solution, through to one-off specialist advice.
We save our clients time, we save them money, and we help them maximise the potential of their sites.

Ecological Consultancy
Services cover the entire spectrum of species and habitat surveying, assessment and management, based on a full understanding
of all relevant National & European Legislation, and Planning Guidelines and Statements. Whether at an initial appraisal of a site, as
expert witness, or at any other part of the process, we help ensure full compliance, maximise the potential of any site and ease the
way through the planning system. PPS9 is set to have a significant impact - talk to our team to find out more

Ecological Mitigation
We not only devise solutions, we implement them too. From preparation of all protected species licenses through to scheme design
and implementation, we carry out all appropriate works in full compliance with statute and planning recommendations - including
licensed translocation, habitat creation, specialist fencing or other required solutions. Mitigating against potential future risks at the very
start of a project can be very cost effective and enhance the value of a completed scheme - call for advice

Arboricultural Consultancy
Marishal Thompson is a leading UK authority in the practical management of urban tree assets. From assessing the constraints and
potential of a site prior to acquisition through every aspect of site planning, surveying and successful planning applications (including
acting as expert witness), we provide totally professional support. We have unrivalled experience of engaging with tree officers and
planning departments to ‘unlock’ schemes. BS5837 is set to tighten controls - we are here to help.

Tree Groundworks
Devising correct protections, building the right fencing and protections, devising and implementing specialist road surfaces, ensuring
correct compliance on site, are all practical management issues that require specialist understanding. We provide the fullest range of
support - from particular advice, through to acting as full clerk of works. The latest BS5837 Recommendations have strengthened tree
protection and other site compliance issues - we have got this covered for you.

ArbNET, is simply the national network of competency and health and safety audited tree
works contractors. Specifying and managing hazardous tree works can leave you open to
liability and compliance issues - unless you can show clear duty of care in who and how you
appoint. Utilise ArbNET and get everything you need, and peace of mind, from a single
source. Visit arbnet.co.uk to find out more.

The Right Advice -

Where and When You Need It
support@marishalthompson.co.uk
Support Hotline
0870 6094558
Planning Policy Statement 9
The New Guidelines and how they will affect Developers
What Are The New Guidelines
The objectives and policies
set out in PPS9 are likely to
effect changes in how nature
conservation and geology is dealt
with by planning authorities and
how, where and when
planning permission is
granted.
PPS9 gives a clear and up to
date statement of national
planning policy, incorporating
the Countryside and Rights of
Way Act 2000 (The CRoW Act)
and the Government Strategy
‘Working with the grain of nature
– the Biodiversity strategy for
England’ (DEFRA 2002). It will also
ensure that geological features
and sites of geological importance
are protected in the same way as
other sites of nature conservation
interests.
“ The planning system has
a significant part to play in
meeting the Governments
international commitments
and domestic policies
for habitats, species and
ecosystems. ” (PPS9)
The Government Strategy
‘Working with the grain of nature
– the Biodiversity strategy for
England’ (DEFRA 2002) aims
to ensure that biodiversity
considerations become
embedded in all the main
New Government Guidelines on
Biodiversity Now Released
The publication of the new government guidelines Planning
Policy Statement 9: Biodiversity and Geological Conservation is
important to everyone involved in development and planning.
As of August 2005, PPS9 (Planning Policy Statement 9: Biodiversity and
Geological Conservation) has replaced PPG9 (Planning Policy Guidance Note
9 on Nature Conservation). The document has been accompanied with a joint
ODPM and Defra circular and a separate ‘Good Practice Guide’ (which is still to
be published).
The aim of PPS9 is to ensure that the planning system plays its part
in delivering Government Policy on biodiversity.
Developers will need to take full account of this
The Right Advice at the Right Time
sectors of economic activity Marishal Thompson’s nationwide Reports to support planning
both public and private. network of ecological and applications
The strategy represents the arboricultural professionals is at Intelligent advice on how best to
bringing together of England’s key hand to provide expert advice manage the ecological
contributions to achieving the EU at any stage of a development issues involved in planning
Gothenburg target to halt the loss project: applications.
of biodiversity by 2010.
Preliminary surveys and Advice on project design
The Biodiversity strategy for desk based studies Commercially astute advice
England includes the broad aim A comprehensive suite of exploring opportunities and
that “planning, construction ecological surveys that will design options - ensuring
and development should identify potential constraints and that developments conserve
have minimal impacts on early solutions at the outset of a and where possible enhance
biodiversity and enhance project. biodiversity, are cost effective and
it wherever possible”, and planning permission friendly.
this strategy can be a material Detailed Phase I and Phase
consideration in the II surveys Environmental Impact
planning process. Professional, quality and timely Assessments
delivery Appropriate surveys and reports
throughout the process
Protective species licenses
Statutory license applications, and
design and implement of effective
mitigation strategies.
It will become increasingly important for developers to
demonstrate that their plans are consistent with the aims
and objectives of the Biodiversity Strategy prior to
submission of planning applications.
For further Information or Professional Advice at Any Time
contact support@marishalthompson.co.uk
Planning Policy Statement 9
What You Need to Know
How Will PPS9 Affect Developers Increased Protection for Species and
Habitats
To achieve the aims of the Biodiversity Strategy for England, the government
has published, through PPS9, 3 objectives for the planning process:
‘The new guidance gives increased protection for statutory
sites, ancient woodlands, veteran trees, and habitats and
1 To promote sustainable development - by ensuring that biodiversity is
species of principal importance in the UK (Biodiversity Action
conserved and enhanced as an integral part of economic, social and
Plan habitats and species). These habitats and species are
environmental development, so that policies and decisions about
now capable of being a material consideration in the planning
the development and use of land integrate biodiversity with
process. Increasingly developers will need to take account of this
other considerations.
before seeking planning permission.
2 To conserve, enhance and restore the diversity of England’s wildlife
The CRoW Act of 2000 places new duties on planning authorities in respect
and geology; sustaining and where possible improving, the quality
of the conservation of biodiversity.
and extent of natural habitat and geological and geo-morphological
sites; the natural physical processes on which they depend; and the
Under this act species listed in the UK Biodiversity Action Plan, and by Local
populations of naturally occurring species which they support.
Biodiversity Partnerships, together with Policies in the England Biodiversity
Strategy, are now capable of being a material consideration in the
3 To contribute to an urban renaissance by enhancing biodiversity
preparation of regional spatial strategies, local development documents, and
in green spaces and among developments in urban areas so
during the making of planning decisions. (There are currently 391
that they are used by wildlife and valued by people, recognising that
Species Action Plans, 45 Habitat Action Plans and 162 Local Biodiversity
healthy functional ecosystems can contribute to a better quality of life
Action Plans listed.)
and a sense of well-being; and ensuring that developments take
account of the role and value of biodiversity in supporting
Particular attention will be paid to ancient woodland, even where it is not
economic diversification and contributing to a high quality environment.
protected under statute (i.e. a Site of Special Scientific Interest), veteran trees
outside of woodlands, and networks of natural habitats.
Government policy on nature conservation and planning has shifted from
the minimisation of the ’adverse effects of development on wildlife’. It now
Where a SSSI or any other statutory site is going to be adversely
takes account of wider sustainability issues and gives greater emphasis to
affected by a development (either individually or in combination with
the importance of nature conservation beyond the development site itself
other developments) either within or outside the SSSI boundary, planning
and a strategic approach to conservation, enhancement and restoration of
permission will not normally be granted.
biodiversity. Developments which incorporate these objectives
within their plans are more likely to receive planning consent.
PPS9 gives clearer more concise guidance on Regional Spatial Strategies
and Local Development Frameworks so that government policy is integrated
Under the principles set out in PPS9, development plans and planning
at all levels of the planning system.
decisions should:
It will be in a developers best interest to make sure that they are
• be based upon up to date environmental information up to date with the biodiversity and geological issues highlighted
in these plans and that any development applications reflect
• aim to maintain, enhance, restore or add to biodiversity and this.
geological conservation issues.

IMPORTANT NOTICE. This document has been prepared with reference

• take a strategic approach to the conservation, enhancement and
restoration of biodiversity.
• promote opportunities for the incorporation of beneficial
biodiversity and geological features within the development design.
Under the new guidelines planning authorities should permit developments
where the principal objective is to conserve or enhance biodiversity and
geological interests.
They should refuse permission for sites where it has not been
demonstrated that … ‘ harm cannot be prevented, adequately
mitigated against, or compensated for.
to: the Government Circular: Biodiversity and Geological Conservation
– Statutory obligations and their impact within the planning system; ODPM
Circular 06/2005; Defra Circular 01/2005; The Government Strategy ‘Working
with the grain of nature – the Biodiversity strategy for England (DEFRA
2002), and other relevant sources. It should not be taken as offering specific
advice or used directly in taking any environmental, ecological or commercial
decision. Appropriate professional advice should be sought at all times
regarding any of the issues discussed.
For Further Advice Contact
0870 6094558
Email: support@marishalthompson.co.uk
British Standard 5837: 2005
Trees and the Development Process
Local Planning Authorities
have a duty in Law under
Section 197 of the Town and
Country Planning Act 1990
to consider preservation or
planting of trees in every
planning application. Trees are
a material consideration in the
planning system, whether they
are protected or not.
It is therefore not appropriate
to only commission
Arboricultural Reports on sites
where TPOs or Conservation
Areas Status exists.
It has become increasingly
important for developers
to demonstrate that plans
are consistent with the
aims and objectives of the
Government’s Biodiversity
Strategy prior to submission of
planning applications.
email:support@
marishalthompson.co.uk
‘The Tree Officers Planning Handbook’
The upgrading of BS5837
from a ‘Guideline’ in 1991
to ‘Recommendations’ in
2005 means it will carry
more weight in all planning
decisions, from Tree Officer
opinion through to Planning
Inquiries.
Tree Officers have been waiting
for this review for years and will
be keen to strengthen procedures
and implement the changes - and
this will impact on how Trees
are dealt with during planning
applications.
The BS5837 requires that the
‘right’ trees are kept, in harmony
with the proposed development
and that trees are properly
protected during construction
works. It aims to improve the
protection distances afforded to
trees on development sites, and
also encourages arboricultural
appraisal and pre-planning
negotiations to select the correct
trees to retain.
The importance and type of Tree
Protection Fencing has changed
too - it is unlikely that wooden
stakes and chestnut paling will
now be acceptable. However
the materials recommended are
reusable. We can assist with the
specification and installation of the
new fencing to minimise the cost
impact of these changes.
Retained trees can add value
to and improve sales of your
properties, but at the same time
can prevent or delay planning and
reduce the development space
available on your site.
With our help and advice you can
determine the real constraints,
Contact the Tree Support Hotline on
08702 6094558
reduce delays, enhance your
financial reporting, and maximise
the potential design and potential
of your proposed layout.
The key to success is to deal with
tree issues professionally - and
as early as possible in the site
acquisition and planning process.
Dealing with the issues from
the outset, and being seen as
positive and proactive by the local
planning department, can make
that vital difference to a scheme.
Whatever the issue - from
initial site appraisal through to
management and implementation
of all necessary works the
commercially focussed,
professional help you need is at
hand.
British standard 5837: 2005
Trees in Relation to Construction
‘The revised BS 5837 will give us new teeth
Unlocking a site for development
when assessing Planning Applications”
A residential development company owned a site in
North London containing hard-standing and over 70
garages. For four years access to the site was denied
because of the potential impact on a large, mature, TPO
protected tree.

Within weeks of being appointed, Marishal Thompson &

Co. had devised a solution and successfully negotiated
approval with the local Tree Officer

This previously ‘locked’ site is now being developed for

residential use.

Extending A Residential Site

The extension of a successful residential site in the

Midlands was refused for reasons that included the loss of
TPO’d trees.

After the Planning Appeal was submitted and during the

lead up time to the Planning Inquiry, Marishal Thompson’s
objections resulted in the TPO being removed. Before
the Inquiry the Local Authority dropped the tree
related reasons for the refusal and agreed that Marishal
Thompson’s proposals would allow development to
proceed - without detriment to the retained trees.

The Planning Appeal was successful and this

For Further Advice
development is scheduled to commence next year.
Call the Support Line On 0870 6094558

“Before Marishal Thompson arrived, working with our previous

consultant was like having another tree officer to contend with”
Tree Risk and Asset Management
Duty of Care and Avoiding Liability
The Responsibilities of
Tree Ownership
Trees are a prime asset to many businesses and
publicly accessible amenities. They enhance the
beauty of an area and can add considerably to the
desirability and commercial success of a particular
location.
However, with ownership of trees comes
responsibility. Any owner of a tree that is a
potential risk to people or their property could be
liable should the tree fail.
Whether in high winds, or simply failure due to
decay or old age, it is a common error to believe
that all falling tree accidents are unforeseeable
or an ‘act of god’. This is not the case. In the
law is a duty of care, and any failure to properly
and regularly inspect and maintain trees can be
considered negligent should the worse happen.
Whether you own farm or parkland, are an
educational establishment, hotel grounds, golf
course or other open amenity, or simply have
trees around your office or in your car park, there
is a duty in law to show that any accident was
unforeseeable.
Protecting yourself is simple - by applying best
practice guidelines to the management and
assessment of your trees:
Luckily, no-one was injured when this tree fell onto an adjoining car park
1. Carrying out appropriate and regular
professional inspections
2. Acting on the advice given by your inspecting
consultant.
Routine inspections should be carried out
frequently enough to detect any hazards that may
have recently developed - especially in any areas
where people or property could be put at risk
from failing trees.
Hazards from large old trees sometimes develop
quite rapidly, in which case an inspection at least
every year or more might be advisable.
Inspections should also be made immediately after
any exceptionally severe weather event that might
have caused damage to trees.
It may also be necessary to make more detailed
inspections of particular trees at prescribed
intervals.
Marishal Thompson is one of
the UK’s leading environmental
consultancies, advising a wide
range of companies and insurers
on the management of their
assets - in particular the impact
of trees.
Our professional consultants
provide expert, effective, practical
advice on all issues of tree and
ecological asset management.
Your consultant will help you by:
 Providing a full professional
survey
 Impartially advising you on the
correct works required
 Delivering a documented plan
showing Duty of Care
 Advising you on managing
any tree preservation order
constraints or other local
planning issues
 Offering you astute and
effective advice on how to
make the best from your
valuable tree assets
Tree Risk and Asset Management
Ensuring Duty of Care
Warning Signs and Professional Advice
The following checklist may help you identify where urgent
action is required:
Are there large dead branches in the tree?
Are there detached branches hanging in the tree?
Does the tree have cavities or rotten wood along the
trunk or in major branches?
Are mushrooms present at the base of the tree?
Are there cracks or splits in the trunk or where
branches are attached?
Have any branches fallen from the tree?
Have adjacent trees fallen over or died?
Has the trunk developed a strong lean?
Do many of the major branches arise from one point
on the trunk?
Have the roots been broken off, injured or damaged
by lowering the soil level, installing pavement, repairing
sidewalks or digging trenches?
Has the site recently been changed by construction,
raising the soil level or installing lawns?
Have the leaves prematurely developed an unusual
colour or size?
Have trees in adjacent wooded areas been removed?
Has the tree been topped or otherwise heavily pruned?
Defects and weaknesses are often hidden, and do not come to
light until the tree fails.
It is vital that tree health and risk assessments are only carried
out by a suitably qualified consultant.
Liability and the Law
In England and Wales, liability is governed by the Occupiers’ Liability Act
(1957) and (1984). The earlier Act deals with liability relating to visitors; i.e.
persons who enter land or premises either by invitation or by permission,
such as employees, customers, and guests. The later Act deals with liability
relating to other persons, including trespassers. Owners can be held
negligent in their duty of care even if injury or damage occurs on land where
people do not have access by right or by invitation.
Where a tree is hazardous because of foreseeable decay or structural
weakness and, the occupier of the land on which it stands is normally liable
under UK laws for any personal injury or other damage it causes by breaking
or falling.
The ‘occupier’ has a common duty of care to others who enter the land or
its vicinity (such as adjoining roads and footpaths).
The occupier is defined as the person ‘occupying or having control of the
premises’ i.e. whoever has possession of and controls the land. For example,
a golf course, hotel, or other owner of publicly accessible premises space is,
in law, the occupier.
Although there are cases in which occupiers are found liable for injuries
sustained by unauthorised visitors, such cases are most likely to arise when
there are insufficient clear signs or barriers in place indicating public access is
not permitted.
Occupiers are expected o be prepared for children to behave less carefully
than adults; for example, by climbing trees . It is especially important to
consider this when designing and managing sites such as play areas, where
parents can reasonably expect children to play unaccompanied.
The Courts expect occupiers to make regular inspections of all trees that
could place people or property at risk. It is also expected that they should, as
necessary, obtain specialist guidance, and to take reasonable steps to reduce
risk where appropriate.
“A number of recent legal cases have established that the owners of land on
which dangerous trees stand can be successfully prosecuted by HSE if a tree
or branch falls and causes an accident. There is also the risk that anyone
who may have been affected by such an accident may sue for damages. HSE
and insurance companies are encouraging landowners to take an active and
systematic approach, involving the identification of potentially dangerous trees
and a programme of action to make them safe.” (NERC)
For Further Advice Contact the
Tree Survey Principal Consultant at
Marishal Thompson
Bats and Planning & Development
The Law, Compliance and Effective Management

Strict Planning Protection for

Bats Set to Tighten
There are 16 species of bats in the UK each with its own lifestyle
and habitat requirements. Every one is fully protected under
EC and UK legislation and planning regulations. They use a
wide variety of roosts, including buildings of all sorts, trees and
underground places.
If the assessment of possible impact is inadequate, at best
schemes will be refused. At worst, fines or even jail sentences
are sanctions in law for deliberately or recklessly disturbing or
harming bats, or destroying, damaging or obstructing their roosts.
The issuing of PPS9 is expected to mean even greater control,
ensuring that developers fully take into account any impact on
bats at every stage of any plan and build.
Legislation applies to all operations - including those
that are independent of planning permission.

What You Need to Know
Advice from English Nature, a key
authority in planning consultations,
is absolutely clear:
“When planning a
development it is advisable
to check for the presence
of bats as early as possible
so that any planning and
licensing issues can be
addressed before resources
are committed. “
Demonstrating a clear duty of
care throughout the process not
only helps mitigate against refusal,
it is cost effective - restrictions or
delays imposed during a scheme
are extremely costly when
compared to an initial survey.
Although actions affecting bats are
allowed (strictly under license),
planning conditions are used to
ensure the conservation status of
all bat species.
Action to reduce or compensate
for the impact of a development
is likely to be a condition of any
licence and will be proportionate
to the impact. This may require
re-timing of operations (taking
into account time of year and bat
activity), protection of existing
roosts or the creation of new
roosts .
In some cases, a considerable
period of time may be required
to carry out this work, including
monitoring of any effects.
The Right Advice at the Right Time
Marishal Thompson provides
a nationwide network of
ecological expertise - ready to
offer professional advice and
consultancy, and help you plan
and implement the most effective
course of action.
Helping ensure that you meet
all of your protected species
obligations, we work with our
clients at every stage, providing
Help and advice by phone
Are there protected species
issues on my site? What do I do
next? I have had a survey, but
what does it mean in terms of my
development?
We can advise you on any issues,
wherever and whenever they
arise.
Carrying out a Professional
Bat Survey
A full survey covering scope of
the issues, providing proof of
good practice prior to planning
applications, and providing a
clear basis for early, cost-effective
action.
Design and Implementation
of Mitigation
Smart, fully licensed solutions
designed to fulfil all legal
obligations whilst minimising the
impact on the scheme.
Appeals and Expert Witness
Suitably qualified support as and
when you need it.

Meeting Your Obligations Can be Straightforward

Obtaining the right support as early as possible is vital and cost effective
For further information or advice, contact our
Planning & Development Support Team on 0870 6094558
Bats, Planning & Development
What You Need to Know
How Do I Recognise Bats as an Issue?
Important:These Are Guidelines Only
Bats are often very difficult to detect. Absence of clear evidence
does not mean that bats are not present. If in any doubt refer
directly to a suitable professional consultant for advice.
Bats Can Be Found Anywhere
It is important to recognise that bats can be found anywhere. Taking
a ’quick look’ should always be avoided, it is inadequate anyway, and
might result in disturbance. All developments should be professionally
assessed at the outset, especially where they involve:
 Demolition of any Existing Buildings
 Alteration of Existing Buildings
 Removal of Mature Trees
 Intrusion into any suitable roosting environment
Immediate professional advice should be sought wherever there
is direct evidence, such as:
Bats observed feeding on the wing
Bats are most evident during summer evenings and nights. Although
they hibernate from November to March, they sometimes become
active during milder spells.
Bats seen at roost
It is important to understand that bats can be found in any
structure of any type or age, and can require little space.
If they are observed or accidentally disturbed they must
be left completely alone until professional advice has been
sought.
Older, derelict and modern buildings all provide ideal conditions for
roosting bats. As well as roof spaces and boxed in eaves, bats can
utilise tiny spaces for roosting, such as the gaps behind hanging tiles
and cladding, and a crevice of less than 1.5cm is sufficient for entry.
Trees on site require careful consideration too as they can provide
natural roost sites.
Droppings
Similar to mouse droppings, bat droppings are dry and friable and
contain insect remains.
Soiling and other Signs
The presence of bats is often difficult to detect - marks or soiling
around even small cracks and crevices can be evidence of use.
Understanding The Law
The Wildlife and Countryside Act 1981 (as amended) transposes
into UK law the Convention on the Conservation of European Wildlife
and Natural Habitats (commonly referred to as the ‘Bern Convention’). The
1981 Act has been strengthened most recently by the Countryside and
Rights of Way [CRoW] Act 2000. All species of bats are subject to the
provisions of the Act, which make it an offence to:
 Intentionally kill, injure or take a bat
 Possess or control any live or dead specimen or anything derived from a
bat
 Intentionally or recklessly damage, destroy or obstruct access to any
structure or place used for shelter or protection by a bat
 Intentionally or recklessly disturb a bat while it is occupying a structure
or place which it uses for that purpose.
In addition, The Conservation (Natural Habitats &c.) Regulations
1994 (the Habitats Regulations) transpose into UK law the European
Council Habitats [and Species] Directive. All bats are listed on Annex IV of
the Directive. Member states are required to put in place a system of strict
protection, making it an offence to:
 Deliberately capture, kill or disturb a bat
 Damage or destroy a breeding site or bat resting place
 Keep, transport, sell or exchange, or offer for sale or exchange a live or
dead bat or any part of a bat
Any structure or place which is used for shelter or protection by a bat can be
considered a roost - whether or not bats are present at the time.
“Local planning authorities are bound by Regulation 3(4) of the
Conservation (Natural Habitats &c) Regulations 1994 to have
regard to the protection afforded to bats when exercising their
functions.
Relevant survey information should be made available to local
authorities to enable them to meet their obligations under
European legislation when considering planning applications”
IMPORTANT NOTE: Information supplied here is indicative of issues only
and should not be used in isolation regarding any action taken or to indicate
the absence or otherwise of bat activity. Whether or not bats or other
protected species are an issue at any site can only be confirmed through
appropriate professional advice. For any issue with potential to affect
protected species, suitably qualified consultancy advice should be sought at
the earliest opportunity.
For Further Advice Contact
0870 6094558
Email: bats@marishalthompson.co.uk
Tree Root Barriers
An Effective Alternative to Underpinning
The Role of the Root Barrier
When properties are affected by subsidence they need to be protected from further damage. This
may involve extensive vegetation management - which may not be desirable or even possible.

There may be a number of reasons why it is not desirable or possible to remove a particular tree, or
there may be obstacles involving statutory protection.

In such instances a professionally designed and installed root barrier can manage the risk to the
property whilst allowing nearby trees to be retained - providing a positive alternative to costly and
intrusive underpinning or other structural solutions.

A professionally installed root barrier:

 Provides protection to the property from the cause of damage
 Retains the amenity value of the tree whilst reducing its influence
 Is quick to implement - faster solution, better for the insurer and homeowner
 Is external to the property: helps avoid large scale and intrusive building repairs and the need to
move to alternative accommodation - cleaner, faster, less disruptive
 Is less expensive than long term maintenance or underpinning
 Can be favourable to Local Authority funding

Assessing Feasibility The Product Installation

Although a root barrier might be
desirable, certain restrictions may
affect the feasibility of a barrier as
the preferred solution:
How close is the intended
barrier to the tree?
• The size, maturity and species
of the tree will affect its
tolerance to root loss and
future health
• Root severance can affect
the tree’s structural stability.
Professional input and
judgement is imperative.
• The local environment (hard
paving etc.) might affect the
symmetry of the roots
• Complementary pruning of
the canopy might be required
How close is the intended
barrier to the building?
An engineering judgement will be
required—but a minimum of 2m
clearance is required
For comprehensive technical advice
and support contact the Root Barrier
Principal Consultant at Marishal
Thompson
Can we get site access?
The site must allow for working
with a mechanical digger (1-3m
width machine depending on
depth required), so working
constrictions need to be taken
into account (including temporary
removal and reinstatement of light
structures, walls, fences etc.)
Will it affect Third Parties?
What are the implications for
neighbouring properties?
What services cross the site?
Complex services might not affect
technical feasibility but might have
implications for time and cost.
Other Considerations?
Installing a root barrier will have
the same effect on the property
as removing the tree, so careful
consideration has to made of
heave issues.
Tree Preservation Order
restrictions still apply and need to
be considered and managed.
The Marishal Thompson solution The barrier is trench and back-fill
combines the latest research and installed, usually to depths up to
materials with an understanding 2.5-3.0m (90% of tree roots are
of the practicalities and technical located in the top 60cm of soil).
issues involved in achieving an
effective solution on site. A specialist team use small-scale
mechanical diggers to create the
The Marishal Thompson line of the barrier. Once installed
Root Deflector is a practical, the garden is re-instated to its
effective and 100% resistant to former condition.
root penetration, forming an
impermeable barrier for at least All work is external to the
50 years. property and can usually be
completed within a few days.
The Deflector is constructed
from a high density, semi-rigid
polythene membrane, with a
thickness of 2-3mm depending
on application.
The material weighs 1.92kg/
m2, combines effectiveness
with flexibility, is sealed to
accommodate service runs,
and reduces the risk of
damage and loss of integrity
during installation.
Success is achieved through
an understanding of every
aspect of the solution: the
impact and needs of the
tree, its relationship to the
site and building, and an
effective and practical design,
professionally installed.
Tree Root Barriers
Root Growth, Morphology & Type of Barriers
Role and Type of Root Morphology Root Distribution Barrier Types
Roots Root Cap Root growth is opportunistic Traps are fibre sheets and fabrics
Concentric cells surrounding the and occurs only where the soil that allow root penetration and
Root elongation, radial expansion
apical meristem protecting the environment can sustain it. growth through the fibres while
and lateral growth of roots
growing tip of the root. constricting radial growth. They are
provides anchorage/stability and
Variability of soil type and permeable and do not constrain
colonises and retains space in the
Apical Meristem condition, together with obstacles the movement of water or air in
soil which provides the resources
The zone of dividing cells giving and barriers will influence root the soil. Nylon fabric and copper
for tree growth.
rise to new cells stimulating root distribution and result in an screen are often used.
elongation. element of unpredictability.
Maintenance of a healthy root
Inhibitors use chemical control
system allows material transport,
Epidermis Radial roots may extend a distance agents or toxins to constrain
food storage, element processing
The outermost layer of the root in at least the tree’s height and may root growth—most commonly a
and survival during unfavourable
direct contact with the soil, some be more in compacted or infertile geotextile fabric and controlled
conditions.
developing root hairs. soils. release herbicide. This is will only
kill root tips which come in close
Seminal root
Cortex Over 90% of all roots and virtually contact (10cm) penetration.
The root produced from a seed
Cells found between the epidermis all the large structural roots can be Length of effectiveness is
and the stele, typically with large found in the upper 60cm of soil. dependent on soil temperature
Adventitious root
vacuoles for storing solulates. (c.50 years @ 20C).
Root arising from a stem
The distribution of tree roots
Endodermis is affected by soil bulk density, Deflectors are designed to
1st order lateral root
A layer of cells within the cortex aeration and fertility. In general change the normal orientation of
Roots growing from a seminal or
next to the vascular stele cells. roots will not develop or survive in the roots and to exclude growth
adventitious root
water logged soil conditions. within an area. Types include
Casparian Strip plastic, metal, concrete and wood.
2nd & 3rd order lateral root
Specialised wall structure believed A penetrometer reading of 1.4 As solid barriers, they effect on
Roots that arise from a 1st order
to prevent the passage of water to 2.0 Mpa can be sufficient to local soil moisture equilibrium
root, in turn producing 3rd order
and other materials within the cell critically restrict root growth. and water drainage. Needs to be
laterals and so on
wall space. considered. Sheet thicknesses
from 0.15mm have been effective,
Primary Roots
Stele (vascular cylinder) but thicker barriers are less likely
The initial growth caused by cell
The zone containing specialised to be damaged during installation.
division in the apical meristem
tissue (xylem & phloem)
region. The rapid elongation and
responsible for the transport of The Marishal Thompson preferred
branching of lateral roots often
water and minerals to the stem. solution is a deflector type,
forms the mass of the root system.
Layers of xylem and phloem are combining flexibility, ease of
formed radially during secondary installation, and cost savings against
Secondary Roots
growth. Initiation of lateral growth alternative approaches - and
Mature, thicker “woody” roots with
also occurs within the stele. delivering long term protection
bark primarily acting as conducting
against further damage.
vessels to and from the trunk.
They have a longer life span and
can have large diameters near the
trunk or the surface, but taper For further information comprehensive technical advice
rapidly and within 2-3m from the
trunk will have lost their rigidity
and support contact the Root Barrier Principal Consultant
and strength. at Marishal Thompson
Feeder / Fine Roots
Generally short lived (1-2
years) and in conjunction with Major Functions of Roots Root Morphology
mycorrhizal fungi are responsible Endodermis with Casparian Strip
for water and nutrient uptake. Pericycle
Mainly developing from the upper Storage Conduction of
side of lateral roots into well water and Root hair
solutes
aerated soils and usually less than
2mm in diameter. Stele
Absorption of
Root Hairs Water and Minerals
Narrow cylindrical hair-like cell Cortex
extensions of an epidermal cell. Anchorage of
Plant in soil
Epidermis
H20
Casparian Strip
Root Cap Endodermal cytoplasm H20
Marishal Thompson & Co Consultancy Division
provides a national service in the following core
areas of expertise:
Arboriculture:
• Mortgage and Subsidence surveys
• Tree condition & hazard evaluation surveys
• Pre-acquisition and BS5837 surveys
• Arboricultural implication reports
• Advice on planning conditions
• Site monitoring and method statements
• Landscape Design and contract management
• Tree surgery management

Ecology:
• Pre-acquisition implication surveys
• Protected Species Surveys
• Specialist surveys for birds, mammals (including bats), reptiles, amphibians and invertebrates
• Phase 1 Habitat surveys
• Phase 2 and National vegetation Classification (NVC) surveys
• Pre-acquisition site assessments
• Ecological Mitigation planning and implementation
• Planning Application & Appeal support
• Training and Industry Guidance

Land Management:
• Estate management plans
• Forest design and management
• Grant aid sourcing and management
• Rural “green auditing” and Stewardship compliance investigations
• Rights of Way planning and representation

Expert Representation:
• Planning committee meetings
• Planning Appeals
• Tree Preservation Order Appeals
• Subsidence claims
• Ownership Disputes
• Mediation, negotiation & arbitration
 Newcastle

Wakefield

Bangor

Borehamwood

Leamington Spa

Bristol

Epsom

Ecology
Arboriculture
Land Management
Expert Representation

t 08702 416180 f 08702 414339

office@marishalthompson.co.uk
www.marishalthompson.co.uk

Marishal Thompson & Co Ltd. Registered in England No. 2954257 Registered Office : Greensfield Court, Greensfield Ind Est, Alnwick, Northumberland, NE66 2DE