Cutting the hedge without legal notice?

Re: Cutting the hedge without legal notice?

Postby TO » Sun Apr 03, 2011 7:43 pm

Hi
ukmicky wrote:I would have thought that their would be a legal process that must be followed before they can cut back and then charge.
The process to do this is as set out Highways Act 1980 s154.

ukmicky wrote:So as notice had not been given the council acted unlawfully.
No. They have a duty to keep the highway clear. They can do so much as is necessary themselves without notice, as has been said earlier in the post, including cutting back to clear the highway, or signs. If they want to get their money back, and in these times I'm surprised they don't, then they have to serve a notice under s154, and your question was how do they do this.

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Re: Cutting the hedge without legal notice?

Postby ukmicky » Sun Apr 03, 2011 9:45 pm

(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, [F390or 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.

Highways Act 1980 s154(4)Subject to any order made on appeal, if a person on whom a notice is served under subsection (1) or (2) above fails to comply with it within the period specified in those subsections, the authority who served the notice may carry out the work required by the notice and recover the expenses reasonably incurred by them in so doing from the person in default.

No. They have a duty to keep the highway clear. They can do so much as is necessary themselves without notice,


Sorry this is not an area of the law which i know much about and i was just reading your post and quote above where it specifies the law but where does it state in the highways act or your quote that the work can be carried out without 14 days notice whether they wish to recover any cost or not.

By doing it without notice it will prevent the owner of the hedge utilising their right under the highways act of challenging the the highways in their wish for it to be cut back at a magistrates court.

a s im always happy to learn new stuff I have no problem with being wrong and sort of asume i am due to your job requiring you to know your facts on this one..
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Cutting the hedge without legal notice?

Postby TO » Mon Apr 04, 2011 7:57 pm

Hi

Highways issues are invariably very complicated. Problems of ownership, the extent of the highway, duties of the Highway Authority, duty of adjacent land owners, and of course those of us who own some highway, adopted/unadopted, footpaths, bridleways, BOATS and so on. Every problem/incidence has to be looked at on its merits, and on a forum such as this it is nigh on impossible to reach a definitive position as you can't see the site, its surroundings which would help you to understand the wider context. You only have very limited information on the problem. This is my disclaimer because I can see some of what is coming. I'll try and answer those questions in due course.

ukmicky wrote:where does it state in the highways act or your quote that the work can be carried out without 14 days notice whether they wish to recover any cost or not.
Highways Act 1980 can be found here http://www.legislation.gov.uk/ukpga/1980/66/contents
s130(3) and s130(5) are the bits I think you are looking for.

ukmicky wrote:By doing it without notice it will prevent the owner of the hedge utilising their right under the highways act of challenging the the highways in their wish for it to be cut back at a magistrates court
The hedge owner also has a duty not to obstruct the highway. You seem to be suggesting otherwise, that is, it is acceptable to stop up or obstruct a highway unless challenged, at which point you can appeal. The old adage once a highway, always a highway remains true, you cannot stop it up or obstruct, well not without jumping through the proper hoops. Also of interest at this point, and depending on ownership, always a thorny issue, Lemmon v Webb would still apply. I.e. if the Highway Authority were the owners of the land over which the highway passed they have the right to cut to the boundary and as high as they like without notice.

As has been said previously the Highways Authority should only do what is necessary, and this is especially true if they do not own the land, as to how much that is, that would be a matter for the Courts to decide on the evidence before them should a case arise.

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