Hedges that encroach onto a footpath badly - Resporting it

Hedges that encroach onto a footpath badly - Resporting it

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Discussion

surveyor_101

Original Poster:

5,069 posts

179 months

Friday 27th January 2017
quotequote all
Any had an experience of footpaths and hedges thank are taking up around 12 inches as well as vision issues for motorists.

Chester draws

1,412 posts

110 months

Friday 27th January 2017
quotequote all
Yep, report it on fixmystreet.com

Done two near me where the footpath was overgrown by 50%.

Both cut back by council within a few weeks.

Is 12" really causing that much of an issue? wink

surveyor_101

Original Poster:

5,069 posts

179 months

Friday 27th January 2017
quotequote all
think this is taking the pee.

People have to pass in single file on the school run.


herewego

8,814 posts

213 months

Friday 27th January 2017
quotequote all
Report it to the LA. Our local authority would do it for them and send them the bill. It's just as selfish as parking on the footpath.

surveyor_101

Original Poster:

5,069 posts

179 months

Friday 27th January 2017
quotequote all
Had it trimmed in November and their rear one which is 6 inches into the rear neighbours gardens but its on top the 6ft fence.

Other halfs moaning about for school run and I did this morning and kids jumping into the road as it takes up so much room.

Artykay

49 posts

105 months

Friday 27th January 2017
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In the past when I have left my trees too long without trimming I have received a notice from the LA (I think).
They quote section 154 of the highways act.
http://www.legislation.gov.uk/ukpga/1980/66/section/154

surveyor_101

Original Poster:

5,069 posts

179 months

Friday 27th January 2017
quotequote all
The link is dead but I assume you mean the Highways Act 1980.

This applies>I think

Section 79

The Highway Authority may direct a landowner to alter any tree, shrub or other vegetation that obstructs the view at a corner.

Ans this>

Section 154

The Highway Authority may serve notice requiring the cutting or felling of a hedge, tree or shrub which endangers, obstructs or interferes with the passage of vehicles or pedestrians, including the view of drivers or the light from a street lamp.

The work is required be carried out within 14 days.

Note: A 'hedge, tree or shrub' includes vegetation of any description.

The Highway Authority may also serve notice requiring the cutting or felling of a hedge, tree or shrub which by reason of its condition is likely to cause danger by falling on the highway.


marcusgrant

1,445 posts

92 months

Friday 27th January 2017
quotequote all
As said, report to the local authority highways department.

May take a while though depending on their processes and the willingness of the owner of the hedge to trim it back.

StuTheGrouch

5,732 posts

162 months

Friday 27th January 2017
quotequote all
surveyor_101 said:
think this is taking the pee.

People have to pass in single file on the school run.

That is taking the piss. So daft it actually looks photoshopped!

PAULJ5555

3,554 posts

176 months

Friday 27th January 2017
quotequote all
I reported the same thing 2 weeks ago, bushes growing out into a cycle lane making the cyclists use the road instead of the cycle lane.

2 Weeks and no action taken, a second phone call is needed I think.

surveyor_101

Original Poster:

5,069 posts

179 months

Friday 27th January 2017
quotequote all
StuTheGrouch said:
That is taking the piss. So daft it actually looks photoshopped!
I assured you it isn't, I think the cut has been insufficient for so long that if it was cut back to a sensible amount it wouldn't be a the green cleanly cut hedge it is now. It would be a brown messy affair for the next 12 months, until it grew back properly. There rear hedge is just as bad 6-8 inches into the neighbouring gardens. Strikes me of people who think they live in some sort of manor house and not a modern development.

surveyor_101

Original Poster:

5,069 posts

179 months

Friday 27th January 2017
quotequote all
Dear Sir or Madam,


I wish to make a complaint regarding a hedge on the aforementioned road/drive. Number 10 *****.

The hedge in question encroaches onto the footpath to an excessive amount. This means people have to walk in single file and or some people and children are forced into the road on a bend with not the best vision for motorists, I believe this is dangerous. I am aware the hedge was cut by the owners contractor in November 16 and so it is clearly their intention to have it this far into the pavement. I do not consider this fair or reasonable and is selfish and irresponsible.

I believe you have a responsibility under the Highways Act 1980, namely Section 154.

Section 154

The Highway Authority may serve notice requiring the cutting or felling of a hedge, tree or shrub which endangers, obstructs or interferes with the passage of vehicles or pedestrians, including the view of drivers or the light from a street lamp.

The work is required be carried out within 14 days.

Note: A 'hedge, tree or shrub' includes vegetation of any description.

The Highway Authority may also serve notice requiring the cutting or felling of a hedge, tree or shrub which by reason of its condition is likely to cause danger by falling on the highway.

Also one could argue that it Section 79 also applies due to the obstructive nature of the hedges position on the bend.

Section 79

The Highway Authority may direct a landowner to alter any tree, shrub or other vegetation that obstructs the view at a corner.

I trust that you agree with my assessment of the situation and will now take action against the property owner asking them to alter/prune the offending hedge so it no longer obstructs vision or the footpath of ******. If they do not take the action within the set period, appoint a contractor in a timely manner to carry out the necessary works and recover the costs from the homeowner as per the legislation allows.


Kindest Regards


Surveyor_101

surveyor_101

Original Poster:

5,069 posts

179 months

Friday 27th January 2017
quotequote all
PAULJ5555 said:
I reported the same thing 2 weeks ago, bushes growing out into a cycle lane making the cyclists use the road instead of the cycle lane.

2 Weeks and no action taken, a second phone call is needed I think.
Thats why i do it in writing with the legislation.

Chester draws

1,412 posts

110 months

Friday 27th January 2017
quotequote all
Think your 12" was conservative! Here's hoping they get ordered to cut it back.

It's going to look awful if they do though, as it'll probably be all dead inside. But that's what happens if you don't keep your bush trimmed.

Mill Wheel

6,149 posts

196 months

Friday 27th January 2017
quotequote all
It annoys me when owners trim their hedge but fail to trim it back far enough.
This one not only has the hedge now surrounding the streetlamp, but in summer, the tree completely hides the lamp, and the pavement remains in darkness!



Alucidnation

16,810 posts

170 months

Friday 27th January 2017
quotequote all
herewego said:
Report it to the LA. Our local authority would do it for them and send them the bill. It's just as selfish as parking on the footpath.
They will give the owner a warning to do it first, and then if not, they would at a cost.

But it looks like that hedge wont be able to be trimmed back much more at all, as it will expose the dead wood inside.

Then i expect people will moan about it being unsightly.




surveyor_101

Original Poster:

5,069 posts

179 months

Friday 27th January 2017
quotequote all
Alucidnation said:
They will give the owner a warning to do it first, and then if not, they would at a cost.

But it looks like that hedge wont be able to be trimmed back much more at all, as it will expose the dead wood inside.

Then i expect people will moan about it being unsightly.
Sorry are you saying they shouldnt cut it back far enough as it will look bad?

akirk

5,389 posts

114 months

Friday 27th January 2017
quotequote all
Alucidnation said:
herewego said:
Report it to the LA. Our local authority would do it for them and send them the bill. It's just as selfish as parking on the footpath.
They will give the owner a warning to do it first, and then if not, they would at a cost.

But it looks like that hedge wont be able to be trimmed back much more at all, as it will expose the dead wood inside.

Then i expect people will moan about it being unsightly.
In which case it will look unsightly smile their other option is to remove the hedge and replant!
I don't agree that this was necessarily selfish - but simply a lack of gardening skill smile - hedge planted too near the boundary to allow for growth either side / trimmed too infrequently and not liking brown, only the ends trimmed to look neat - meaning that it has grown over-bushy... 20 minutes with a hedge trimmer and it would be sorted - will be green again within 6-12 months...

ultimately boundary foliage is the land owner's responsibility...

CaptainCosworth

5,873 posts

93 months

Friday 27th January 2017
quotequote all
akirk said:
simply a lack of gardening skill smile - hedge planted too near the boundary to allow for growth either side / trimmed too infrequently
+1 This pretty much sums up the problem

surveyor_101

Original Poster:

5,069 posts

179 months

Friday 27th January 2017
quotequote all
akirk said:
In which case it will look unsightly smile their other option is to remove the hedge and replant!
I don't agree that this was necessarily selfish - but simply a lack of gardening skill smile - hedge planted too near the boundary to allow for growth either side / trimmed too infrequently and not liking brown, only the ends trimmed to look neat - meaning that it has grown over-bushy... 20 minutes with a hedge trimmer and it would be sorted - will be green again within 6-12 months...

ultimately boundary foliage is the land owner's responsibility...
I think it selfish as it was cut in Nov 16 and clearly a decision was made to keep it seriously overgrown rather than take the opportunity to rectify the situation, hence selfish.

Their rear hedge is nearly as bad as its half in other peoples gardens.