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Tree branches overhanging or projecting onto a highway

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Bouleversee
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Tree branches overhanging or projecting onto a highway

#348983

Postby Bouleversee » October 19th, 2020, 4:19 pm

The Highways Act 1980 is very difficult to follow and seems to have some omissions although there are so many cross references it is difficult to keep to the track. I live on a highway maintainable (in theory) at public expense which is also a public right of way and a bridleway. It is very difficult to get the council to do any maintenance on the metalled carriageway bit on which I live' some of you may remember I had a battle with them some time ago to get the numerous deep potholes filled.

I have for some time been trying to get them to do something about the verges, which are never strimmed so countless saplings spring up and stick out, scratching passing vehicles, and the overhanging branches which prevent high-sided vehicles delivering goods without risking damage to their roofs and sometimes causing deliveries to be aborted. These issues also mean that the verge opposite which slopes down to the road has gradually crept about 18^ over the tarmac and lorries have eroded about the same amount of my verge, which is now a very narrow vertical ridge with the roots of my holly hedge exposed.

I have been trying to find out what the legal requirements are for clearance above the road and also from anything growing on the verges. I have found a couple of references on the websites of other councils saying that there must be 5.2m from the road to any overhanging tree branch and that the councils can enforce this but I can't find any reference in the Highways Act to what the required distances are or the obligations of the councils themselves are as regards maintenance. The council technician I spoke to said there didn't need to be more than 2.2m clearance and the impression I have been given is that they can use their own judgement as to what they think is necessary maintenance and with a low budget our type of road is given low priority. Any dead trees or branches which have been knocked off by lorries are just left so the whole area is looking very unkempt and offputting to buyers.

Can anyone shed any light on what residents' legal rights are in this context and whether there really are no rules that councils must abide to?

bungeejumper
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Re: Tree branches overhanging or projecting onto a highway

#349015

Postby bungeejumper » October 19th, 2020, 6:46 pm

No personal experience, but I'd be inclined to try bouncing it off your parish council first. If the county council isn't doing its job, then the PC is probably one level up from you when it comes to complaining! I know that our local PC has often had to make representations to our CC about hedge and verge cutting on lanes where poor visibility has been causing an accident risk.

In practice, county councils are required to answer to both householders and parish (and district) councils. Here's what Somerset council has to say: https://www.somerset.gov.uk/roads-and-t ... -the-road/

BJ

richlist
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Re: Tree branches overhanging or projecting onto a highway

#349026

Postby richlist » October 19th, 2020, 7:49 pm

What I find that works is....
* Go online and formally report the problem. Most Councils have this facility. It then gets allocated a report number. Council budgets are very stretched so it's normal to have to wait for the work to be carried out.
* If you are not happy with delays involve your local councillor. He is voted on to deal with issues and represent local residents. Remind him of his responsibilities and send him regular requests for updates on progress.

sg31
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Re: Tree branches overhanging or projecting onto a highway

#349039

Postby sg31 » October 19th, 2020, 8:47 pm

I live on a road that is 1.5 miles long and is a dead end. Not a high priority you would think for highway maintenance. It regularly has trees overhanging the road cut back and is gritted at the slightest hint of cold weather. All hedges are trimmed back from the road twice each year.

At the far end of the road lives out local councillor. I'm sure there is no connection.

May I suggest that the OP contacts her local councillor. As a parish councillor I can honestly say we have very little influence in these matters. We do of course report issues and we are told action will be taken urgently. I must look up 'urgently' in a dictionary, it obviously doesn't mean what I think it does.

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Re: Tree branches overhanging or projecting onto a highway

#349043

Postby richlist » October 19th, 2020, 9:13 pm

sg31 wrote:I live on a road that is 1.5 miles long and is a dead end. Not a high priority you would think for highway maintenance. It regularly has trees overhanging the road cut back and is gritted at the slightest hint of cold weather. All hedges are trimmed back from the road twice each year.

At the far end of the road lives out local councillor. I'm sure there is no connection.


Most of that sounds entirely normal......overhanging trees cut back, hedges trimmed twice a year. .....that happens almost everywhere, or should do.

I did hear (don't know if it's true) that if someone from the emergency services lives in the road then the road gets gritted. So, the fact that a councillor lives in the road may have nothing to do with gritting.

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Re: Tree branches overhanging or projecting onto a highway

#349045

Postby sg31 » October 19th, 2020, 9:26 pm

richlist wrote:
sg31 wrote:I live on a road that is 1.5 miles long and is a dead end. Not a high priority you would think for highway maintenance. It regularly has trees overhanging the road cut back and is gritted at the slightest hint of cold weather. All hedges are trimmed back from the road twice each year.

At the far end of the road lives out local councillor. I'm sure there is no connection.


Most of that sounds entirely normal......overhanging trees cut back, hedges trimmed twice a year. .....that happens almost everywhere, or should do.

I did hear (don't know if it's true) that if someone from the emergency services lives in the road then the road gets gritted. So, the fact that a councillor lives in the road may have nothing to do with gritting.


If someone from the emergency services lived on the road I would know of it. The nearest thing is a very nice young lady who is training to be a paramedic. She only started training last year and the situation has existed for a good while before she came back from Uni.

Basically this is a very rural area. The road server less than 80 houses. I know most of them personally from being on the parish council.

Obviously there might be another reason to explain the situation.

Bouleversee
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Re: Tree branches overhanging or projecting onto a highway

#349046

Postby Bouleversee » October 19th, 2020, 9:47 pm

Thanks all. I had done all that with little success. Not feeling great and need to get to bed but will reply more fully tomorrow. I think our council is particularly useless. They literally do nothing without a major battle and then they do it badly. Depressing!

Bouleversee
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Re: Tree branches overhanging or projecting onto a highway

#349342

Postby Bouleversee » October 20th, 2020, 9:37 pm

richlist wrote:
sg31 wrote:I live on a road that is 1.5 miles long and is a dead end. Not a high priority you would think for highway maintenance. It regularly has trees overhanging the road cut back and is gritted at the slightest hint of cold weather. All hedges are trimmed back from the road twice each year.

At the far end of the road lives out local councillor. I'm sure there is no connection.


Most of that sounds entirely normal......overhanging trees cut back, hedges trimmed twice a year. .....that happens almost everywhere, or should do.

I did hear (don't know if it's true) that if someone from the emergency services lives in the road then the road gets gritted. So, the fact that a councillor lives in the road may have nothing to do with gritting.


It certainly never happens here. When I first moved here in 2008 I complained and they did come and strim the verge opposite but nothing has been done since and the road is not swept so leaves etc. collect at the sides and turn into soil which is ideal for the multiple seedlings of ash etc. to grow in which are ignored unless I complain and even then nothing is done without a fight and only the absolute minimum; never gritted. Last week was the first time the saplings had been cut down since 2008 apart from when indignant motorists cut them back and the first time ever that the road had been swept during my residency and the accumulation at the sides was still there afterwards. I'm not sure that the small vehicle they sent (Veolia?) actually picked anything up as opposed to sweeping it to the sides. I have found councillors mostly pretty useless. A dead deer was left on the verge on a through road at the far end of my garden which stank to high heaven right up to my house but despite complaints to council and councillor it was never removed and I expect the bones are still there unless wildlife has disposed of them; there was no flesh left on them last time I viewed. Another high sided vehicle aborted its delivery today. I wonder if the intended recipient ever complains or whether it's just me. I worry that all the dumped dead trees etc. on the verges and bits of scrub area, which look a real mess, will put off a buyer when I or my children want to sell the house.

Anyway, it looks as though none of you has been able to find anything about what is legally required as regards maintenance and clearances on roads which are supposed to be maintained by the council but at least you have provided a few comments I can quote, for which many thanks.

AsleepInYorkshire
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Re: Tree branches overhanging or projecting onto a highway

#349352

Postby AsleepInYorkshire » October 20th, 2020, 9:59 pm

Bouleversee wrote:The Highways Act 1980 is very difficult to follow and seems to have some omissions although there are so many cross references it is difficult to keep to the track. I live on a highway maintainable (in theory) at public expense which is also a public right of way and a bridleway. It is very difficult to get the council to do any maintenance on the metalled carriageway bit on which I live' some of you may remember I had a battle with them some time ago to get the numerous deep potholes filled.

I have for some time been trying to get them to do something about the verges, which are never strimmed so countless saplings spring up and stick out, scratching passing vehicles, and the overhanging branches which prevent high-sided vehicles delivering goods without risking damage to their roofs and sometimes causing deliveries to be aborted. These issues also mean that the verge opposite which slopes down to the road has gradually crept about 18^ over the tarmac and lorries have eroded about the same amount of my verge, which is now a very narrow vertical ridge with the roots of my holly hedge exposed.

I have been trying to find out what the legal requirements are for clearance above the road and also from anything growing on the verges. I have found a couple of references on the websites of other councils saying that there must be 5.2m from the road to any overhanging tree branch and that the councils can enforce this but I can't find any reference in the Highways Act to what the required distances are or the obligations of the councils themselves are as regards maintenance. The council technician I spoke to said there didn't need to be more than 2.2m clearance and the impression I have been given is that they can use their own judgement as to what they think is necessary maintenance and with a low budget our type of road is given low priority. Any dead trees or branches which have been knocked off by lorries are just left so the whole area is looking very unkempt and offputting to buyers.

Can anyone shed any light on what residents' legal rights are in this context and whether there really are no rules that councils must abide to?

Highways Act 1980 Section 154 Cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths.
Where a hedge, tree or shrub overhangs a highway or any other road or footpath to which the public has access so as to endanger or obstruct the passage of vehicles or pedestrians, or obstructs or interferes with the view of drivers of vehicles or the light from a public lamp, [F1or overhangs a highway so as to endanger or obstruct the passage of horse-riders,]a competent authority may, by notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is growing, require him within 14 days from the date of service of the notice so to lop or cut it as to remove the cause of the danger, obstruction or interference.

My interpretation of the above is that it is the responsibility of the land owners to trim trees and hedges. I'm not sure about verges but that may be included. I would assume that that it is the owner of the verge that is liable for keeping it free from growth that may be hazardous to road users?

AiY

Bouleversee
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Re: Tree branches overhanging or projecting onto a highway

#349362

Postby Bouleversee » October 20th, 2020, 10:20 pm

Yes, I'd read that, thanks, but these trees and saplings are growing on the verges which the council are responsible for maintaining. They do serve notice on householders who have let their hedges grow too wide but ignore their own responsibilities. There is no hedge at the rear of the verge opposite me, just a fence and the overhanging trees are in front of that. Whoever drafted the law seems to be unaware that the council is responsible for many verges ascwell as roads which, let's face it, they often dont maintain either.

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Re: Tree branches overhanging or projecting onto a highway

#349411

Postby richlist » October 21st, 2020, 7:24 am

I guess you could instruct a private contractor to carry out the work outside your property and claim the cost from the Council via the small claims court. That should liven things up a little.


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