This page outlines some of the dangers caused by hedges and trees overhanging the public highway. It also provides guidelines to help you understand why it's important that your own hedges don't cause an obstruction.
It outlines your responsibilities - and the council's - towards pedestrians and road users.
How hedges can be a hazard
Overgrown hedges next to footpaths and roads pose a real hazard to people who are disabled or who are visually impaired and young children or other pedestrians who risk injury or damage to their faces or clothing from thorns and branches. If the pavement (footway) is narrow or the obstruction is excessive, they may be forced into the road. This is particularly dangerous for wheelchair users or for people pushing a pram or buggy.
On junctions and bends overgrown hedges may obstruct sight lines and the clear view of motorists. They may also obscure traffic signs or streetlights, increasing the risk of accidents.
What you should do
Check your own trees and hedges. Are they overhanging the footpath or boundary of your property? Are they affecting visibility for road users? If so, cut them back (or arrange to have them cut back) as soon as possible.
Hedges a junction but not overhanging the path
Areas of visibility where sight lines need to be kept clear (known as visibility splays) often cross private properties at junctions or on the inside of bends. There is usually a restriction to planting over a certain height within these areas and this should be shown on your deeds. If you allow planting over a certain height within a sight line, the council can require you to prune the shrubbery. In some circumstances, even if a sight line was not designated at the time of construction of a property, road usage may have increased to such an extent that one is needed to improve road safety. In such cases the council can require sight lines and visibility splays to be provided.
Hedges and trees with a small overhang/ trees above head height
The council has a duty under the Highways Act 1980 to ensure that the highway is not obstructed. Even small overgrowths can be hazardous particularly to blind and visually impaired people who often use property boundaries as a guide, or when a footpath is narrow. It is also a requirement that anything overhanging a footway must be at least 2.3m above the footway, cycleway, verge and 5.3m above the road surface. Even small overhangs can accelerate the deterioration of a road or pavement surface, by preventing it drying out and encouraging moss growth. Overhanging shrubbery can also be an obstacle to routine road maintenance work, such as sweeping, grass cutting, litter picking and resurfacing, because machinery cannot get to the edge of the highway.
Cutting back trees from street lighting
Street lighting is installed to improve road safety and while the council tries to place columns where they cause minimum inconvenience to residents, it is not always possible to avoid putting streetlights close to trees. It is essential that trees do not impair the operation of the lights and reduce their effectiveness. The council requires such trees to be pruned by the owner or occupier.
Tenants of properties with overhanging hedges/trees
According to the law, the occupier of a property is usually responsible for maintaining hedges/trees. Tenancy agreements often include routine maintenance. Even if your tenancy agreement states that the landlord is responsible, you would be required to contact him/her and ensure that pruning is carried out as soon as possible.
If you cannot cut hedges/trees back yourself or afford to have them cut
Contact the Council Officer whose name is on any letter or notice that you have received and explain your circumstances. If you do not have a contact name, please contact Customer Services.
We may be able to arrange the work at a reasonable cost. However, as the owner or occupier, you are responsible for ensuring vegetation from your property does not obstruct the highway.
If you don't cut your hedge/tree
It is an offence under the Highways Act 1980 to allow trees, hedges, shrubs and so on to obstruct the highway. The Council will, after an initial informal request, serve a 21 Day Notice on you, the occupier, to cut back the offending vegetation. If you do not comply with the Notice, the Council may carry out the work itself and recover it's costs in doing so from you, through the courts if necessary.
When to prune hedges and trees
We recommend avoiding hedge cutting during the main breeding season for nesting birds, 1st March to 31 July. However some residential hedges will grow vigorously between these dates and trimming will be necessary if the hedgerow overhangs a highway, road or footpath over which there is a public or private right of way and the resulting vegetation obstructs the passage of, or is a danger to, vehicles, pedestrians or horse riders This work cannot be delayed. Under these circumstances we recommend that you check the hedge for any signs of breeding activity first, normally you will be able to see nests, or birds flying back and forward into the hedge on a regular basis. If you are careful, minor trimming will avoid damaging the nests or disturbing the nesting birds.
Most work required on overhanging vegetation from trees or hedges is of a relatively minor nature and can be readily undertaken by the owner or property occupier responsible. Regular minor trimming will not damage the tree/shrub regardless of the time of year. It is recommended that pruning is carried out to a high standard and we can provide a pruning advice leaflet and list of tree surgeons along with further advice if required. Please phone Customer Services on 01635 519080.
If trees and shrubs are regularly maintained to within your property boundary there will be no need for the Council to ask you to take action. We may be able to arrange the work at a reasonable cost. However, as the owner or occupier, you are responsible for ensuring vegetation from your property does not obstruct the highway.
Trees with a Tree Preservation Order (TPO)
The Highways Act 1980 aims to protect the public from unnecessary hazards and is not subject to restrictions imposed by TPOs. In Conservation Area's however, it is advisable to seek advice about tree surgery from the Council's Tree Officer.
