Tree work in close proximity to railway lines and platform

[monkeybusiness]

Have you looked at your title deeds? Is there anything preventing you planting trees along your boundary?

 

If there is nothing on your deeds I would write a letter saying "if these trees bother you, you can cut them down at your own expense".

 

I'd also be looking to see if there is an ombudsman for NR.

 

This is the route I'd look to take (I don't know anything about railway works though to be honest, but I'd be amazed if owning a property next to a railway line makes you liable to do with your vegetation as Network Rail see fit at your expense following their rules!). Inform them of their right to prune back to their boundary if they so wish and leave it at that. If they want them out let them come to you for permission.

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?

[drinksloe]

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?

 

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'

 

I'd say if u have room in ur garden for trees to be climbed and a rope tied on and be winched over as a straight fell there really is little risk to railways, leyandi are quite predictable to fell.

 

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 would of thought NR are responsible for trimmming any branch within the 5-6m from nearest track and then try and do a deal over access to get them to reduce hieght if thats wot u want

[treequip]

I'd have to read the rule book to see how NR derive their authority as a statutary .

 

 

I await the results of your investigations with baited breath

[Stubby]

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]

God forbid anything should happen, would the liability not lay with your chosen contractor?

As the landowner you have met your obligation by checking that the contractor has all relevant insurance and certificates.

1.5k per day for them to watch others work seems quite frankly bonkers.

Good luck.

Hi Firestorm, thanks for your response. My tree surgeon is understandably risk averse so he's not keen on doing anything without Network Rail's approval

[graeme3000]

I have come across this sort of NR money-printing madness. And recently I tried to get to the bottom of it to see on what basis NR can insist on supervising. Indeed, on what basis canit insist on tree removal or pruning. I was unable to find anything but the most ancient and vague of legislation.

 

The bottom line from NR's side seems to be a zero tolerance of risk. The rest of us mere mortals are bound by law only to avoid foreseeable risk that would cause significant harm or injury. NR seems to have a culture of insisting on H&S measures whether it is right to or not.

 

Although I don't envy your situation, if I were in it I would be insisting on a definite statement of NR's legal basis for requiring all these measures. If I didn't get one, then it's a common law issue, involving the usual (mortals) level of duty of care.

 

For the sake of this forum, can you say if it is an eletrified line with overhead wires?

Thanks daltontrees. There are no overhead wires, just electrified rails.

[graeme3000]

Thanks drinksloe. Our garden is a bit of a funny shape but the trees are accessible from our garden. We wouldn't need to access the platform (or any other NR land) to take them down. The only issue is that they are within 3m of the line and overhang the platform.

[graeme3000]

Sorry, will give it another go!

[graeme3000]

Have you looked at your title deeds? Is there anything preventing you planting trees along your boundary?

 

If there is nothing on your deeds I would write a letter saying "if these trees bother you, you can cut them down at your own expense".

 

I'd also be looking to see if there is an ombudsman for NR.

 

Thanks matelot. There's nothing in the tile deeds other than the standard "you are responsible for your own borders" clause. Great call regarding ombudsman - I'll check that out!

[graeme3000]

Consider also that delays to trains is charged in hundreds or thousands of pounds per minute for delays to the TOCs and NR will pass this cost on to a householder.

 

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