Tree branches over highways

[Wolfie]

Got asked a question the other day that I wasn't too sure on the answer.

 

The situation is that a small local village has recently had several privately owned trees that have had lower branches struck by high vehicles.

It's not a major through route but a double-decker sight seeing bus sometimes gets re-dircted through the village.

 

The question posed was what's the legal position of branches over the highways; is the tree owner responsible for the crown high and liable for any vehicle damage or is it the road-user's that should be driving with due care and attention.

 

The Gov leaflet that I found states the heights that trees should be over highways and that the highways agency can issue notice to tree owners but whats the legal stand point? Are owners only liable if they get a notice and don't carry out he works?

 

http://www.basingstoke.gov.uk/NR/rdonlyres/CAFCEE2D-CD9C-4FF4-8FEA-C7FE47CDCFF2/0/Leaflet10TreesOverhangingtheHighway.pdf

 

 

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[hedgesparrow]

being a parish lengthman have this come up with hedges etc over footpaths. it is the owner who is responsible as on there property. if they are a danger to traffic then it is the duty of the parish to inform the owner of this and to do remedial work. if not the council can get the work done. which i have done.

so inform the parish clerk and let them send a letter to the owner. it is then all legal and if anything does happen then the owner will be responsible for not maintaining there trees. and the parish may instruct you to do the work to clear the highway.

[Shane]

Funny you should mention buses. Theres a tree company round our way which owns and uses an open top double decker for carrying out such work. Perfect really...

I hope the stairs are loler tested though.

[cl3525]

Yep 5.2 meters over the road and 2.4 meters over the footpath. It is the tree owners responsibility to make sure that there trees don't affect the highway. And any damage caused to vehicles would be the tree owners responsibility.

[Alinicoll]

Highway authorities have a duty to ensure that neighbouring trees do not obstruct the highway.

 

They can issue a notice to the owner of the tree requiring them to remove the branches. I think its a section 154 notice

[openspaceman]

Funny you should mention buses. Theres a tree company round our way which owns and uses an open top double decker for carrying out such work. Perfect really...

I hope the stairs are loler tested though.

 

Same here in Surrey but it's the bus company's own vehicle and team, I guess the red tape of getting highways to deal with them isn't worth the trouble to them.

[Andy Clark]

"Technically" there is no specified minimum crown height, over either road or footpath. The 5-6m and 2-3m "rule" is more just what is commonly adopted and acknowledged common sense, based on the height of a person, and the height of a high vehicle.

 

Overall, the Highways Act makes it a requirement to allow safe and unobstructed passage for users of the highway - which includes the threat of dead/dying/dangerous trees within striking distance of the highway, obstruction of street lamps, obstruction of views at junctions...... etc.

 

Mostly it will depend on how vigilant/picky the LA Highway Inspectors are.

 

 

 

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[Dan Earp]

Over pathways we have to lift all trees to 2.5m and used to lift 5m over highways but now because the buses have the aerials its now 5.5m.

 

Ive also had a couple of jobs where the council have written to the home owner stating that if said work isnt completed in 30days that they would arrive and complete the works with a charge etcetc

Edited September 9, 2013 by Dan Earp

[Matthew Arnold]

Funny you should mention buses. Theres a tree company round our way which owns and uses an open top double decker for carrying out such work. Perfect really...

I hope the stairs are loler tested though.

 

We have an open topped bus at DCC for the same job. They normally use a polesaw above that as well. It works rather well as they have two on top sawing and chucking and a steam chipping into the verge as they go.

[Stephen Blair]

Brilliant idea!