Decision details

That the report is exempt from disclosure on the grounds that it contains information relating to the financial or business affairs of a particular person (including the authority holding that information) under paragraph 3 of Schedule 12A of the Local Government Act 1972, and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

That the Council’s Arboricultural Services Contract be awarded on the terms set out in the report.

Reasons for Decision 

The Council has a duty of care to prevent or minimise the risk of injury or damage to property and person caused by tree failure. This duty arises from the following legislation:

·         Occupiers’ Liability Act (1957 and 1984).

·         Health and Safety at Work Act  (1974)

·         Highways Act (1980)

·         Common Law liability of Negligence and Nuisance