Decision
Analysis
outcome: The Cabinet approved the updated Tree Policy and agreed to consider the request by Southampton International Airport Ltd for tree works, including tree felling, in the specified area.
summary: The decision at stake involves approving tree works requested by Southampton International Airport for operational reasons on council-owned land near South Stoneham Cemetery.
topline: The Cabinet has decided to approve tree works requested by Southampton International Airport near South Stoneham Cemetery for operational reasons.
reason_contentious: This issue is contentious due to potential environmental and ecological impacts, as well as concerns about airport safety and the management of council-owned trees.
affected_stakeholders: ["Southampton International Airport Ltd", "Council's Arboricultural Team", "Local residents near South Stoneham Cemetery"]
contentiousness_score: 7
political_party_relevance: There are no explicit mentions of political parties in the decision.
URL: https://www.southampton.gov.uk/modernGov/ieDecisionDetails.aspx?ID=3544
Decision Maker: Cabinet
Outcome:
Is Key Decision?: Yes
Is Callable In?: Yes
Purpose: To consider the report of the Cabinet Member for Economic Development following a formal request by Southampton International Airport for tree management of council trees, within the area of the South Stoneham Cemetery. The proposals have come forward after an assessment by the Civil Aviation Authority and will involve works to trees on council-owned land and will include tree felling for airport operational reasons.
Content: To consider the report of the Cabinet Member for Economic Development following a formal request by Southampton International Airport for tree management of council trees, within the area of the South Stoneham Cemetery. The proposals have come forward after an assessment by the Civil Aviation Authority and will involve works to trees on council-owned land and will include tree felling for airport operational reasons. (i) To approve the updated Tree Policy as set out at Appendix 3 of the report. (ii) To consider the request by Southampton International Airport Ltd to carry out further tree works as set out in their formal request, and non-technical summary, at Appendix 1 and discussed in the report. (iii) To form a decision on (ii) and identify what, if any, officer delegations (as contemplated in the report) are needed to be given as part of the decision and to delegate accordingly. 1. Trees on council owned land are currently managed by the Council’s Arboricultural Team on behalf of the relevant department or team which is responsible for the land. There are occasions, however, where a third party may seek approval to undertake work to these trees under licence. In this case a formal request has been made by SIAL for operational reasons. 2. The request from SIAL for tree works at South Stoneham Cemetery follows unsuccessful applications to undertake works to TPO protected trees in a nearby area called Marhill Copse, which sits directly south of the cemetery and within the flightpath of the airport runway. In order to satisfy the CAA, SIAL is exploring alternative areas where works to existing obstacles, such as trees, could be undertaken to achieve safe routes should the need arise. Officers have already agreed with SIAL that (subject to the grant of a licence) works to a number of trees around South Stoneham Cemetery can be carried out for good arboricultural reasons where they have previously been reduced for airport safety reasons, but now require additional approvals (with an agreement for ongoing management) for a further 29 trees, with 19 of these trees identified for felling. The request is also for an ongoing management plan to avoid the need for repeat requests for these trees. 3. SIAL advise that if works to obstacles at either South Stoneham Cemetery or Marlhill Copse cannot be undertaken, in agreement with the Council, they will need to then explore a formal request to Government (that the Secretary of State make an order under s.46) to enable them to directly manage the issue. This process would make the Council a consultee rather than the decision-maker. 4. The Council protects its own trees as though they have the benefit of a Tree Preservation Order (TPO). This is set out in the Council’s adopted Tree Policy (2023), which is attached for reference at Appendix 3. This approach has been in place across Southampton since at least 1957. It has been identified however that the Policy requires updating to change the decision maker from Planning & Rights of Way Committee (‘PROW’) to Cabinet. The decision to manage trees on Council land is an Executive function that can only be determined by Cabinet (or officers acting under delegation from Cabinet) unlike Trees on third party land protected by TPO legislation (which is a non-executive function and will remain with PROW). Further updates have also been introduced to reflect current practice within the Council. 5. The Tree Policy explains that approval by elected members is needed where the arboricultural Head of Service considers that the proposal falls outside of certain categories. 6. The categories are that the proposed works to trees: a. meet a relevant, corresponding exception in the TPO Regulations; b. relate to trees that are dying or dangerous; c. are necessary in connection with seasonal pruning; d. are in the course of good arboricultural or woodland management. 7. Where the Council’s Tree Team agree that works to council trees meet a criterion in a-d then officers whose functions relate to the management of the land on which the trees sit are authorised to make such decisions. This approach is currently used successfully to manage other areas in the city, including land around the Airport. 8. In this current case the Tree Team do not consider that the proposed works to these 29 affected trees fully meet any of the criteria. An executive decision is therefore needed where the impact of the proposal on the amenity and the reasons and additional information from SIAL, together with the wider environmental, ecological, economic and other matters can be considered. 1. Do nothing SIAL has the option to request that the Secretary of State make an order to mandate and authorise SIAL to undertake these works under s.46 Civil Aviation Act 1982. SIAL have confirmed that they would prefer to work with the Council than escalate the issue in this way. 2. Partial implementation. Likely to result in the same outcome as a ‘Do Nothing’ approach.
Date of Decision: July 15, 2025