Sorting out someone else's mess.

[Stubby]

6 minutes ago, htb said:

Look up the rail timetable, study well and crack on in the gaps..

Obviously  wont show times for goods trains

Its an old Inca trick

[Khriss]

Had a similar one recently - site visit and 'advice' to landowner .... Didnt have to bring British Transport Police with me , but next time .... K

[tree-fancier123]

3 hours ago, woody paul said:

If line is not busy at night maybe worth considering doing it then.

sensible option - especially with battery toppers

[Wolfie]

I’ve recently declined a request to fell the rest of a tree, very similar situation but much bigger tree. I would maybe have been more obliging had i not quoted to do the job a few years back, then he gets pikkies in that dismantle the safe half, leaving little decent anchor/rigging points.

[Stere]

How did they carry thoose ladders up

 

Would be an interesting youtube video to watch

[benedmonds]

I would not do it without contacting Network Rail. We all know it could be done, but if something goes wrong the downsides are potentially huge, a big fine or even prison.. Is a half days job worth that..?

 

We cleared a big poplar tree next to the railway, with an official night closure, a couple of days later we were chogging down the stem well away from the track and we still had a helicopter called out to check on us and a Network rail inspector come out to check..  I hate to imagine what the fines would have been if they had decided we were a danger..

[skyhuck]

I've done loads of trees overhanging rail fences and never had a issue. Not saying its right, just relating my experience.

[Shane]

That has all the hallmarks of Mr Dibnah.

[daltontrees]

16 hours ago, jfc said:

Anyone know under what circumstances network rail would do the work on safety grounds?

 

Cheers,

 

Jan.

 

Every time this comes up I end up reaching the same conclusion.

 

Entertaining as the debate is about ladders and whether it's risky to do work over railside, the question hasn't been addressed. As far as I can tell, the only legal basis for NR to intervene and do the work is the Regulation of Railways Act 1868 which says that -

 

"If any tree standing near to a railway shall be in danger of falling on the railway so as to obstruct the traffic, it shall be lawful for any two justices, on the complaint of the company which works such railway, to cause such tree to be removed or otherwise dealt with as such justices may order, and the justices making such order may award compensation to be paid by the company making such complaint to the owner of the tree so ordered to be removed or otherwise dealt with as such justices shall think proper, and the amount of such compensation shall be recoverable in like manner as compensation recoverable before justices under the Railways Clauses Consolidation Act 1845."

 

The process has been streamlined with delegated powers, but that's basically the law. If you report it as dangerous, NR can force you to remove it.

 

I've read the compensation provisions in the 1845 Act, and they don't amount to NR paying for the work. It's hard to see an argument succeed that the removal of a dangerous tree could result in compensation to the owner of the tree. And since neither the 1845 Act nor the 1868 Act allow the railway company to remcover the expense of removing a tree, the most likely outcome is that NR would neither pay out nor be paid.

 

Many people on Arbtalk, including myself, have experience of NR being pretty foreceful in these situations, raising threats of negligence, death and destruction. That's their prerogative. They might lean heavily on the tree owner to remove the tree, and charge (as has been said here) for someone to watch it being done, plus life-sapping H&S procedures.

[openspaceman]

4 minutes ago, daltontrees said:

 As far as I can tell, the only legal basis for NR to intervene and do the work is the Regulation of Railways Act 1868 which says that -

 

"If any tree standing near to a railway shall be in danger of falling on the railway so as to obstruct the traffic, it shall be lawful for any two justices, on the complaint of the company which works such railway, to cause such tree to be removed or otherwise dealt with as such justices may order, and the justices making such order may award compensation to be paid by the company making such complaint to the owner of the tree so ordered to be removed or otherwise dealt with as such justices shall think proper, and the amount of such compensation shall be recoverable in like manner as compensation recoverable before justices under the Railways Clauses Consolidation Act 1845."

 

The process has been streamlined with delegated powers, but that's basically the law. If you report it as dangerous, NR can force you to remove it.

Which actually also doesn't answer the question. In fact we sometimes removed 3rd party trees if they were deemed a threat and no charge was made. It was usually only when undertaking specific work (in my case making clearance fro a new high voltage retun line). Sometimes guys would take out extras if an adjacent landowner requested for a small consideration.

4 minutes ago, daltontrees said:

 

Many people on Arbtalk, including myself, have experience of NR being pretty foreceful in these situations, raising threats of negligence, death and destruction. That's their prerogative. They might lean heavily on the tree owner to remove the tree, and charge (as has been said here) for someone to watch it being done, plus life-sapping H&S procedures.

Yes and this is why I would consider all the possibilities of doing the work safely without involving NR directly. Where I worked we had a department that prepared all the documentation for a Safe System of Work, which included researching when any possessions would happen and access to the track could be available but this is long winded.

 

In this case it looks like the line has no electrification by overhead or conductor rail. It is not clear how far the rail fence is behind the garden fence nor the distance from the running rail to the fence or tree.

 

If the distance is greater than 3 metres then it is not on or near the line, If the branches overhang the NR fence then they do have an interest but a railway competent company with the proper precautions could undertake the work using their own Coss and in live running if the tree could be dismantled without impinging on NR land, by rigging perhaps. The stem would need to be lowered rather than felled.