Tree work in close proximity to railway lines and platform

[graeme3000]

NR - especially those in "safety" roles are singularly the most institutionalised (their own!) corporate bullies I have ever encountered.

 

Couldn't agree more!

 

Have you tried informing them that you would be content for them to reduce the overhang back to the boundary?

 

I've had that discussion with them but they are only able to cut back up to a certain height, above which they'd need a line block - which would be at my expense.

 

Since you mention living in the the old station house are there any specific liabilities / way leaves / covenants that might apply?

 

I've looked at the deeds and other legal documentation regarding the purchase of the house and there's nothing that relates specifically to this issue.

[Shane]

Good luck with that! They would have to throw me in jail!!

 

They would.

[LGP Eddie]

Hi all,

 

I hope I have come to the right place to post this - and thanks for listening. I'm by no means an arborist but my tree surgeon has suggested that I use this forum to ask for a bit of advice and guidance; any of which would be welcomed and very much appreciated!

 

I live in an old Station Master's house and my back garden runs parallel to the village station platform for about 50 meters. I have about 40-odd very large Leylandii trees bordering the station platform, most of which overhang the platform at height to a greater or lesser extent (picture attached). The rail operator has asked me to address this problem by either removing or reducing the trees, and initially suggested that I use one of their contractors. However, their contractor's price was prohibitively high (over £15k for removal) so I have looked into other options. I have found a great local, reputable alternative who can complete the job for around £5.2k. All good news.. except Network Rail (NR) are now insisting that I cannot complete the job without their involvement due to the proximity of the trees in relation to the platform and tracks. Of course NR are not willing to do this for nothing and they have effectively quoted about £1.5k PER DAY for project management, site safety officers and other "bloatware" etc etc. My tree surgeon has suggested that the job could take around 10 days, so it's easy to see how the NR costs could spiral out of control.

 

I have considered just doing the job without NR's involvement, but they have made it very clear to me that the potential fines and liability if things go wrong are huge. I'm not sure whether this is just a scare tactic, or whether I would actually be liable if trains were delayed/damaged or NR property was damaged.

 

I have also asked for a forward schedule of rail line closures so that I could plan the work for when trains are not running to reduce the risk, but they have declined to provide this information and are unwilling to accept this as a feasible option.

 

I was wondering whether anyone has ever come across a similar situation - specifically dealing with Network Rail - and could advise on my rights as a private landowner or offer any advice on how I could deal with Network Rail?

 

I'm keen to do the right thing but I am a private home owner after all, and have little cash to to burn! I think NR's costs, in comparison to my tree surgeon's costs, are ridiculous and there seems to be a reluctance from NR to consider alternatives.

 

Thanks again all for any advice or guidance you could offer.

 

Graeme

 

 

What's the access like into the garden, and is there much working room?

 

 

 

Eddie.

[Jonny69]

Couldn't agree more!

 

 

 

I've had that discussion with them but they are only able to cut back up to a certain height, above which they'd need a line block - which would be at my expense.

 

 

 

I've looked at the deeds and other legal documentation regarding the purchase of the house and there's nothing that relates specifically to this issue.

 

Can they be straight felled? If they can anyone half useful with a saw would put all of them on the floor in a couple of hours. That means you only pay for the NR "supervision" for one day. Bringing your total to less than 1/2 of the original quote.

 

That would keep Network Rail happy and minimise cost

[graeme3000]

If the trees are structurally unsafe then it is a slightly different story though, as you could be liable if they were to fail and someone was hurt/inconvenienced. Have they informed you that your trees are unsafe?

 

They haven't informed me that they are unsafe, and none of the arborists who have looked at the job have mentioned it or showed concern. However they are pretty large trees and I know if this doesn't get addressed now I'll only be delaying the inevitable. I'd like to take action now that I have some momentum with my tree surgeon and NR. It has taken me 4 months to get this far!

[drinksloe]

The trees look pretty healthy and if i was u i wouldn't want them taken down totally as will give u a lot of privacy.

 

I would imagine NR would be responsible for that sort of work when it is as close as that.

I would hold off until they offered to do it for free and then possibly ask them to top the trees a bit too. Would not be that big a job on a possession esp if u got a cherry picker in, not sure if u could work a cherry picker like there green zone with trains still runing. But we've worked chippers in situ's like that not sure if different rules for cherry pickers/mweps and i've been of rails for a while so no doubt things have changed.

 

I used to hate the 3rd/live rail used to scare the hell out of me, fortunately only worked it on the 1 job for a few months

 

I definately would not rush into anything, ombudsman is a good call but if u get no luck it might be worth speaking to a land agent/lawyer who has dealt with NR before, will cost a bit but cheaper than u paying for trees to be taken down

[drinksloe]

Couldn't agree more!

 

 

 

I've had that discussion with them but they are only able to cut back up to a certain height, above which they'd need a line block - which would be at my expense.

 

 

 

I've looked at the deeds and other legal documentation regarding the purchase of the house and there's nothing that relates specifically to this issue.

 

Like i said i was just a monkey on saw but i really doubt that 1.

The company must be under pressure for cost cutting or just chancing there luck. With a bit of fore thought no reason it could not be added to a possesion and especially so as u don't need any gear on the lines so Road Railers etc could still come throu the job/site

I'd really stand ur corner they could cut as much as they wanted from there own ground.

 

1 barginning chip u might have is if u volanteered to take the chip/brash.

Be a pita to deal with in that situation and have to be carted or dragged of platform (or onto a container on track if possesion but even that is expensive as would need to be a RR and not a tractor with 3rd rail)

[graeme3000]

I'd defo be looking at ur title deeds and see wot they say about railway access to ur ground an any mention of trees.

Where the trees planted before u bought property or by the railway themselves?

 

Deeds do mention that NR have access rights to my land if they need to access my property to prevent or resolve issues. Not much else. No specific mention of trees. I recon the trees were planted 20-30 years ago, I've only been in the house for 4 years!

 

I'd doubt trees will be so close/overhanging could be within the 3m where u'd definately need COSS or Lookouts, and even if they were within the 3m doesn't neccesarily mean they'd need a possesion (line closed) depends how dodgy the work is wether or not could be done 'green zone'

 

They are See pic further up in the thread. NR have already stated that I don't need a possession (thank goodness, because that's tens of thousands of pounds). The tree surgeon seems confident that he could take the overhanging branches out with winches from garden side, but NR are not prepared to take the risk.

 

Might be worth speaking to ur lawyer or even a land agent that is more used to dealing with NR, might cost u some cash but ur talking about spending a considerable bit of cash.

 

I've considered this but avoided lawyers for now because they could work out just as expensive as NR!!

[graeme3000]

I have done the odd " quick job " were some limbs fell on NR land and I can tell you this . The train you see as a dot in the distance is on you before you know it .

 

[graeme3000]

What's the access like into the garden, and is there much working room?

 

 

 

Eddie.

 

Hi Eddie, access is pretty bad and there's not much working room. My garden is a triangular shape, probably roughly 10m wide border-to-border at the top, and about 2.5m wide at the bottom. Typically the trees at the bottom of the garden are the tallest and most challenging to work on!