Statutory clearance for highway

[treebloke]

2.4 over the footway and 5.2 over the carriageway as far as I know. I believe it comes from the 1980 highways act.

 

This is my understanding and what we have workded to for over 20 years but it seems not every local authority use the same guidance.

 

The exception to the above are high load routes which tend to be 'A' roads and these are 6m.

[combined tree services]

There is as tutors minimum height Clarence of 5.2m however the significant word in the sentence is "minimum, by clearing to 5.2 you are not allowing for and subsequent growth , also the 5.2 has to take the likelihood of branches in full leaf and wet conditions into consideration as there could be anything upto a 1.2m loss in height Clarence

[Old Mill Tree Care]

2.4m above a footpath and 5.2m above a road.

 

 

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[Chris at eden]

This is my understanding and what we have workded to for over 20 years but it seems not every local authority use the same guidance.

 

The exception to the above are high load routes which tend to be 'A' roads and these are 6m.

 

Not heard the 6m one before Bob but makes sense.

 

Cheers

[Chris at eden]

There is as tutors minimum height Clarence of 5.2m however the significant word in the sentence is "minimum, by clearing to 5.2 you are not allowing for and subsequent growth , also the 5.2 has to take the likelihood of branches in full leaf and wet conditions into consideration as there could be anything upto a 1.2m loss in height Clarence

 

Good points no doubt but i suspect the question is in relation to tpo exemption in which case only the minimum applies.

[daltontrees]

Good points no doubt but i suspect the question is in relation to tpo exemption in which case only the minimum applies.

 

The exemption includes 'prevention' of a nuisance, isn't there a case for removing more than the exact 5.2m to allow for sagging under snow loads or sway in strong winds?

[treequip]

Good points no doubt but i suspect the question is in relation to tpo exemption in which case only the minimum applies.

 

Am I not right in thinking that there is no actual dimension stated in the statute and therefore no statutory clearance?

 

If that's the case you surely cant be "had" for exceeding a statutory dimension that doesn't exist?

[Gary Prentice]

I can't find a definitive height, but understand the offence is 'to impede or prevent passage'

From the 1980 Highways Act:

 

154 Cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths.

 

(1)Where a hedge, tree or shrub overhangs a highway or any other road or footpath to which the public has access so as to endanger or obstruct the passage of vehicles or pedestrians, or obstructs or interferes with the view of drivers of vehicles or the light from a public lamp, [F1or overhangs a highway so as to endanger or obstruct the passage of horse-riders,]a competent authority may, by notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is growing, require him within 14 days from the date of service of the notice so to lop or cut it as to remove the cause of the danger, obstruction or interference.

[treebloke]

Am I not right in thinking that there is no actual dimension stated in the statute and therefore no statutory clearance?

 

If that's the case you surely cant be "had" for exceeding a statutory dimension that doesn't exist?

 

It may not exist in statute as such but, if there had been an incident and you had to stand before a magistrate and explain why you did not trim your trees they would no doubt refer to the guidance issued or industry best practice which would then be relied on in court.

 

The reason for my initial question is because we so often receive letters from local highways asking clients to maintain their trees and it differs so much throughout the country. 5.2m and 2.4m seem to be what most people work to?.

 

Another thing to consider and going back to Goaty's comment, if you drive anything over a transit size truck then you will know this is, hedges and especially around the countryside and minor roads, we are for ever replacing door mirrors because the hedges encroach beyond the kerbline and limits the amount or road space quite often the nearside mirror catches the overgrown hedge and 'bang' another £10 gone.

[AA Teccie (Paul)]

Could someone please confirm the statutory clearance over a public highway and public footpath and the legislation which covers it.

 

I know what I think it is but but seems to differ depending on the local authority.

 

Thankyou in anticipation.

 

Hi Bob, sorry for delay.

 

AS I understand their is no 'statutory height' in the Highways Act 1980, as such, but a general duty to keep the highway safe and unobstructed. It is then down to the individual highway authorities to determine what height this is, which often varies dependent upon type of road and usage etc.

 

However, generally, in my experience it is 5.2-5.4m over carriageways and 2.2-2.4 over footpaths.

 

Cheers

Paul