What is a Highways Tree

[hazforester]

What would people class as a Highways Tree.

 

I have ask the Highways Department in which I work and everyone has a different answer.

 

Is there a diffinative statement that would class a highways tree?

 

Any help would be greatful

[Woodreeve]

No, sadly not. Generally a highways tree is one which is undisputedly on their land ie on a grass verge next to a pavement, or one which they can't find anyone to pass the buck onto!

 

 

 

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[Arborist]

Isn't a tree in some ones garden that is in a certain distance of the centre of the carriage way defined as a Highway tree?

[hazforester]

Under Section 141 of the Highways Act 1980, it is an office to plant a tree or shrub whinin 15ft of the centre of the carriageway subject to sections 64,96 and 142

[Woodreeve]

Not that I know of. I worked for a highways department for five years as an arb and if I'd have gone into someone's garden saying that this was my tree I'd have been breaking the law.

 

Sure, you might inform the owner of a dangerous tree that it is in falling distance that they need to carry out remedial works using some of the fine fellows on here but you don't have a right to just claim their trees as highways. If they don't carry out the works and you feel the tree is sufficiently dangerous to cause a threat to users of the highway you can issue a section 154 notice and get the works done yourself then bill them for the privilege.

 

Your department should have a highways definition team that have records of the extent of the publicly maintainable highway.

 

 

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[Arborist]

That's kind of what I was getting at, all though you wouldn't own the tree or go into the garden to carry out works to it, it is in falling distance of the carriageway and could cause damage to it there for if the tree needed work carried out to it a section 154 notice would be served on the tree owner.

[Woodreeve]

Yes but you'd give them a chance to do it first as it was their tree.

 

 

 

 

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[Arborist]

Yeah 14 days notice isn't it then the HA can send there contractors in.

[hazforester]

It only we knew, Hence the question.

 

I think where I work is the only council that doesn't have a Policy regarding trees.

[Arborist]

I will have a look in my notes in a minute from the tech cert and see what they told us what HighWay tree defined.

 

Im sure it said A tree within falling distance of the carriageway (Whether or not it was on HA or private Land) . IM defining the term not the ownership.