Garden hedge bordering public pavement.

Garden hedge bordering public pavement.

Postby lulu » Wed Sep 09, 2015 12:31 pm

Hi All,

I've a friend with a hedge that borders the public pavement in a residential area. This hedge has grown over his boundary a short way over the pavement.

The council have sent him a letter telling him to cut the hedge back. The letter goes on to say that if he doesn't cut the hedge back they will, and they will also bill him for the works.

I'm well aware that your neighbour is perfectly entitled to cut a hedge back to the boundary line (and offer you the cuttings).
However, in law are they allowed to bill him, should it come to that?

Thanks
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Re: Garden hedge bordering public pavement.

Postby mugwump » Wed Sep 09, 2015 1:01 pm

lulu wrote:Hi All,

I've a friend with a hedge that borders the public pavement in a residential area. This hedge has grown over his boundary a short way over the pavement.

The council have sent him a letter telling him to cut the hedge back. The letter goes on to say that if he doesn't cut the hedge back they will, and they will also bill him for the works.

I'm well aware that your neighbour is perfectly entitled to cut a hedge back to the boundary line (and offer you the cuttings).
However, in law are they allowed to bill him, should it come to that?

Thanks
Would he prefer a bill from the council for doing the work or the council taking him to court for obstructing a public right of way?

To answer your question, yes the council can bill if you fail to heed their warning and have to do it themselves.
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Re: Garden hedge bordering public pavement.

Postby MacadamB53 » Wed Sep 09, 2015 1:18 pm

Hi lulu,

if this is a highway maintained at public expense I don't see how the council can adopt such a stance.

is the pavement beside a road? and do the council maintain the road?

Kind regards, Mac
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Re: Garden hedge bordering public pavement.

Postby arborlad » Wed Sep 09, 2015 1:49 pm

lulu wrote:Hi All,

I've a friend with a hedge that borders the public pavement in a residential area. This hedge has grown over his boundary a short way over the pavement.

The council have sent him a letter telling him to cut the hedge back. The letter goes on to say that if he doesn't cut the hedge back they will, and they will also bill him for the works.

I'm well aware that your neighbour is perfectly entitled to cut a hedge back to the boundary line (and offer you the cuttings).
However, in law are they allowed to bill him, should it come to that?

Thanks



Yes. The council have a duty, not just a right, to keep a highway clear and to recover any legitimate expenses in the process.

Why is it an issue this year when it presumably wasn't last year?
arborlad

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Re: Garden hedge bordering public pavement.

Postby TO » Thu Sep 10, 2015 8:26 am

lulu wrote:I've a friend with a hedge that borders the public pavement in a residential area. This hedge has grown over his boundary a short way over the pavement. The council have sent him a letter telling him to cut the hedge back. The letter goes on to say that if he doesn't cut the hedge back they will, and they will also bill him for the works. in law are they allowed to bill him
Yes see Highways Act 1980 sections (1) & (4)

MacadamB53 wrote:Why is it an issue this year when it presumably wasn't last year?
Because hedges grow, and or someone has complained.

TO
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Re: Garden hedge bordering public pavement.

Postby lulu » Wed Sep 16, 2015 1:51 pm

Thank you all for your very helpful replies.

I'll pass the information on to him (if he hasn't already read the replies).

Certainly informed me of something I wasn't previously aware.
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Re: Garden hedge bordering public pavement.

Postby MacadamB53 » Wed Sep 16, 2015 2:04 pm

Hi lulu,

the easy option is to trim the hedge and be done with it.

is the road not maintained by the council?

Kind regards, Mac
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Re: Garden hedge bordering public pavement.

Postby arborlad » Wed Sep 16, 2015 2:09 pm

MacadamB53 wrote:..........is the road not maintained by the council?




What are you inferring?
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Re: Garden hedge bordering public pavement.

Postby cleo5 » Thu Sep 17, 2015 12:53 am

Arborlad,
I think Mac means that if it is a public highway then yes the council can insist the hedge be trimmed back but if it is a private or an unadopted road then the onus for hedge trimming lies with the property owner.
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Re: Garden hedge bordering public pavement.

Postby arborlad » Thu Sep 17, 2015 8:36 am

cleo5 wrote:Arborlad,
I think Mac means that if it is a public highway then yes the council can insist the hedge be trimmed back but if it is a private or an unadopted road then the onus for hedge trimming lies with the property owner.



It's hard to know because he has also made this contradictory statement: "if this is a highway maintained at public expense I don't see how the council can adopt such a stance."
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Re: Garden hedge bordering public pavement.

Postby TO » Thu Sep 17, 2015 8:45 am

Hi

cleo5 wrote:I think Mac means that if it is a public highway then yes the council can insist the hedge be trimmed back but if it is a private or an unadopted road then the onus for hedge trimming lies with the property owner.
The Council can insist that the hedge owner cut back the vegetation on any road or footpath to which the public has access, not just ones that are maintainable at public expense/adopted.

Highways Act 1980 s154 (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........

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Re: Garden hedge bordering public pavement.

Postby cleo5 » Thu Sep 17, 2015 1:21 pm

Whatever the council says the point is that an overgrown hedge obscuring part of the pavement is a nuisance to walkers especially those with children and buggies or oldies. It can also prevent a neighbour from having a clear view of the road when driving from driveway into the road. So it's really a question of having consideration for others.
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Re: Garden hedge bordering public pavement.

Postby arborlad » Thu Sep 17, 2015 2:35 pm

mugwump wrote:
lulu wrote:Hi All,

I've a friend with a hedge that borders the public pavement in a residential area. This hedge has grown over his boundary a short way over the pavement.

The council have sent him a letter telling him to cut the hedge back. The letter goes on to say that if he doesn't cut the hedge back they will, and they will also bill him for the works.

I'm well aware that your neighbour is perfectly entitled to cut a hedge back to the boundary line (and offer you the cuttings).
However, in law are they allowed to bill him, should it come to that?

Thanks
Would he prefer a bill from the council for doing the work or the council taking him to court for obstructing a public right of way?

To answer your question, yes the council can bill if you fail to heed their warning and have to do it themselves.



I really don't know why this thread has progressed beyond this post, it is factually correct and contains everything the OP needs to know to advise her friend accordingly.
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