Emergency Tree Works on Local Highway (not a Trunk Road)

[Paul_Bunyan_100]

Hello All - this is my first post - as a local landowner i've just been sent an invoice from the local highways authority referring to Emeregency Works crried out clearing a large branch (SBD) that came down and blocking a minor road. Can they do this ? granted under section 154 of the Highways Act but i thought it was a statutory duty that all local authorities undertook. We regularly carry out tree safety surveys (inc QTRA) on all roadside trees but surely it's an extremely dangerous precedent as some landowners might decide to fell all roadside trees in case they fall over and incurr this cost. Has anyone come across anything similar ? Any help / pointers would be greatly appreciated.

[Khriss]

....which is what they did in Eire years ago ! Wot ? Farmer liable fr road damage ? Out they come ! K

[Gary Prentice]

How much do we owe you? 

[Mark Bolam]

Trunk road?

No, it was just a branch!

 

Boom Boom!

[daltontrees]

16 hours ago, Paul_Bunyan_100 said:

Hello All - this is my first post - as a local landowner i've just been sent an invoice from the local highways authority referring to Emeregency Works crried out clearing a large branch (SBD) that came down and blocking a minor road. Can they do this ? granted under section 154 of the Highways Act but i thought it was a statutory duty that all local authorities undertook. We regularly carry out tree safety surveys (inc QTRA) on all roadside trees but surely it's an extremely dangerous precedent as some landowners might decide to fell all roadside trees in case they fall over and incurr this cost. Has anyone come across anything similar ? Any help / pointers would be greatly appreciated.

This is an interesting one. I can't see naything in the Highways Act that empowers Councils to recharge for removing fallen branches. Therea re powers to remove dangerous ones still attached to trees, but it is not unlawful to allow a branch to grow over the road. Indeed, it is often the case that the Council owns only the solum of the road and not the land underneath it. If you ignore for now that it's a highway, it is no different from any typical encroachment situation. Foreseeable harm would leave liability for negligence, but otherwise it's damnum fatale.

 

But it's a highway. The Highways Act allows removal of things deposited on highways, structures built on highways and so forth, but I see nothing about things falling unforeseeably on a  road. It's a difficult topic to know if summer branch drop is foreseeable, but if it's not then  the Council has to have statutory powers to recover the expense of removing an accidental obstruction. I've never seen such authority.

 

You really ought to ask the Council what powers it's using to require payment from you. Please do this and report back. I'm sure we'd all like to know the answer.

[daltontrees]

Haud oan, I think I've found something.

 S150 of the Highways Act.

 

(4)Where they are under a duty to remove an obstruction under subsection (1) above, a highway authority may—

(a)take any reasonable steps (including the placing of lights, signs and fences on the highway) for warning users of the highway of the obstruction;

(b)sell any thing removed in carrying out the duty, unless the thing is claimed by its owner before the expiration of 7 days from the date of its removal;

(c)recover from the owner of the thing which caused or contributed to the obstruction, or where the thing has been sold under paragraph (b) above, from its previous owner, the expenses reasonably incurred as respects the obstruction in carrying out the duty and in exercising any powers conferred by this subsection, but so that no such expenses are recoverable from a person who proves that he took reasonable care to secure that the thing in question did not cause or contribute to the obstruction.

 

There you go, if you as land owner had an inspection regime in place and could not have reasonably foreseen the branch failure, I think you could  see off a claim for expenses. I would.

[Paul_Bunyan_100]

Thanks for all the suggestions. I have gone to the local Highways Authority and ask which section of the Highways Act the can recharge for Emergency Works carried out. I've done searching on their website and they actual quote section 41 and Section 130 buy both these sections don't mention a recharge option.  It will be interesting to see how things develop as I believe this practice has been going on for a good few years. Also as they expect me to pay well then i expect back a good quality of work unfortunately the highways boys have made a right mess of taking the damaged branch away, and I'm now thinking of invoicing them for a tree surgeon to come and make good the damage their done. Unfortunately BS3998 is not adhered to by the Highways boys when it comes to tree work round the area I live. Has anybody else have similar experience? Is there anyway of getting them to improve or observe the 3998 and make them accountable. The tree in question is located in a SAC woodland so again the National Conservation body would expect a high level of workmanship.  I do carry out regular roadside tree service and the last one was in Early March after Emma. It was SBD the cause of the failure. Thanks once again

[Sheepy]

As I understand it your bang to rights, I’ve done many hedgerow tree for nothing other than its potential liability/future cost. I imagine if it’s extortionate you could appeal or if you had a recent tree survey done you could potentially pass it on to said consultant. 

[daltontrees]

s.41 is just the general duty to maintain the highway. s.130 is protection of public rights. As you say, ther eis no cost recovery mechanism, and those sections are not relevant to your situation. I'd be asking the Council to think again. They can't enforce a debt if they have no legal right to recover expense.

[donnk]

typical council lunatics. Send them a bill for your time under Section 1 of Paul Bunyon 2018. It will have the same amount of legal force.