_ The section of the A627(M) where this incident occurred forms the south bank carriageway of the motorway, approaching Junction 1 at Chadderton, Oldham. The A627(M) is a two lane, dual carriageway and is subject to motorway regulations including the national (70 miles per hour) speed restriction. introduction of the interim requirements for road restraint systems in 2002 identified that all trees with a girth exceeding SOOmm (or several closely spaced trees) located within a distance of 4.5m from the carriageway require protection. The re-issued requirements in 2004 identified that trees above 300mm_in girth should be_protected by a suitable vehicle restraint system: losing being The paved

3. Current design standard TD19/06 includes a site specific risk process where topographical features together with adjacent sources of risk are reviewed in order to identify the most appropriate restraint facility and containment levels and that in relation to the presence of trees adjacent to the nearside verge and protection requirements, it is unclear as to when these germinated and it is likely that they are all 'self-seeded' with the larger specimens over 10 years old_ Whilst the vehicle restraint systems in place comply with identified requirements at the time of the construction of the route there are no current requirements to inspect soft estate as it develops in terms of assessing protection requirements The application of more recent design standards would have required some of the trees at this location to be protected (as well as the lighting columns) or removed within the 4.5m threshold: Jin evidence stated that 'it might be prudent to remove some of the trees and that the issue of a Regulation 28 report would generate a review of the area in question'_