Section 154 of the Highways Act 1980 gives competent authorities the power to serve notice on the owners of overhanging trees, hedges or shrubs or the occupier of the land. Where an overhanging tree, hedge or shrub is identified to obstruct the passage of vehicles or pedestrians or obstructs or interferes with the view of drivers of vehicles, the County Council will carry out the following procedure.
- In the first instant write to the owner or occupier of the land drawing their attention to the problem of the tree, hedge or shrub and requesting it be cut back. If a tree has a preservation order then the local planning authority must be advised at this stage.
- If the letter fails to bring the desired response, make contact with the owner or occupier and arrange a site meeting to explain the problem and required outcome.
- If, after a month, no work is evident write a recorded delivery letter notifying the owner or occupier that if they fail to trim back the offending vegetation within one month (Highways Act requires 14 days) of the date of the letter, the work will be undertaken by the County Council and the costs will be recovered from the owner or occupier.
- Where pruning action affects the nesting habit of wildlife, a comparison must be made of the likely safety risks against the environmental damage that would ensue. Trimming in these circumstances can only take place following approval by the Network Manager.
- Trees with tree preservation orders may require the permission of the Arboricultural Officer of the District or City Council to trim the tree. Any such permission must be gained before work commences.
To report a problem with trees on or related to the highway, please use the highway defects form.
If the defect constitutes a danger and requires urgent attention, please use the number provided.