Hedge width overhang

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HEDGEHELP
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Hedge width overhang

Post by HEDGEHELP » Sun Jul 31, 2011 12:15 pm

We have an evergreen hedge at the bottom of our garden planted within our boundary. My husband trims it back every year, but one side overhangs onto a pavement. Access is possible, but we get regular complaints from our local 'Mr Meldrew' that it should be cut back to our boundary wall. If we did this, it would kill our hedge. The hedge acts as a sound barrier from traffic and deters the local youths from sitting on and knocking over our wall. Apparently he has contacted our local council to complain, but we have never heard anything from them in the 7 years we have lived here.

The pavement width (not including the grass verge) is 60" or 153cm wide.

The hedge overhang is 24" or 61cm

That leaves 36" or 92cm or 3ft of available access.

Is 3ft wide enough for public access? What is the law regarding pavement width and hedge overhang?

despair
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Re: Hedge width overhang

Post by despair » Sun Jul 31, 2011 2:22 pm

If the local council have not requested you cut it back its probably OK but technically the hedge should not overhang the pavement at all

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Mattylad
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Re: Hedge width overhang

Post by Mattylad » Sun Jul 31, 2011 2:50 pm

While back to the boundary may be a bit too much, you could trim it as best you can to keep it from blocking too much of the highway. It would be less likely to attract highways dept attention and if MrMeldrew reported it it may not be acted upon if it is trimmed.

If you can do your side then there should be no reason not to do the other, I often see people out trimming the highway side of their hedges.
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.

HEDGEHELP
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Re: Hedge width overhang

Post by HEDGEHELP » Sun Jul 31, 2011 4:33 pm

'Despair' - you say 'technically'. Where can I find this evidence? I've searched on various websites and no one seems to be able to give me a definative answer, not even my local authority!

'Mattylad' - we always trim both sides of the hedge, especially the highway side, but as I said, if we go further back to the boundary it will kill the hedge and will no doubt look an eyesore! Eventually we have plans to move the whole hedge and build a proper wall, but until we can afford to do this, we have no choice but to maintain the hedge.

despair
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Re: Hedge width overhang

Post by despair » Sun Jul 31, 2011 5:00 pm

Any growth of any tree or hedge that crosses beyond your boundary is trespass .............hence if it was across your neighbours land they could cut right back to the boundary irrespective of effect on the hedge

Local Authorities can do the same if they see fit and if you have failed to do so within a month of their official notice to cut

Sudynim
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Re: Hedge width overhang

Post by Sudynim » Sun Jul 31, 2011 5:55 pm

HEDGEHELP wrote:'Despair' - you say 'technically'. Where can I find this evidence? I've searched on various websites and no one seems to be able to give me a definative answer, not even my local authority!
It is common law beyond any particular Act, that if I allow my rose bush to grow over your land or your ROW then you may cut it back. There are a few exemptions like Tree Protection Orders, but they're not relevant to a hedge. I think you need to cut it back further. It is not reasonable to say that you're only obstructing 1/3rd of the pavement so people still have room to get past. It isn't your land, and you shouldn't be obstructing it at all.

I suggest you take a deep breath and tidily cut it back another foot. That will halve the obstruction, and reduce the likelihood of the council acting upon a complaint. If they send a workcrew it will be done very cruelly, right back to the boundary.

Treeman
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Re: Hedge width overhang

Post by Treeman » Sun Jul 31, 2011 8:55 pm

Sudynim wrote:
HEDGEHELP wrote:'Despair' - you say 'technically'. Where can I find this evidence? I've searched on various websites and no one seems to be able to give me a definative answer, not even my local authority!
It is common law beyond any particular Act, that if I allow my rose bush to grow over your land or your ROW then you may cut it back. There are a few exemptions like Tree Protection Orders, but they're not relevant to a hedge. I think you need to cut it back further. It is not reasonable to say that you're only obstructing 1/3rd of the pavement so people still have room to get past. It isn't your land, and you shouldn't be obstructing it at all.

I suggest you take a deep breath and tidily cut it back another foot. That will halve the obstruction, and reduce the likelihood of the council acting upon a complaint. If they send a workcrew it will be done very cruelly, right back to the boundary.

Nope, its not common law it is in fact if the LA want to enforce they have to issue any order under Section 154 of the highways act

TO
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Re: Hedge width overhang

Post by TO » Sun Jul 31, 2011 9:21 pm

Hi
HEDGEHELP wrote:one side overhangs onto a pavement
So you recognise there is a problem of obstruction.
HEDGEHELP wrote:The pavement width (not including the grass verge) is 60" or 153cm wide. The hedge overhang is 24" or 61cm That leaves 36" or 92cm or 3ft of available access.
All irrelevant, your hedge obstructs the highway.
HEDGEHELP wrote:Is 3ft wide enough for public access?
No. The public has the right to use the full width of the highway
HEDGEHELP wrote:What is the law regarding pavement width and hedge overhang
http://www.legislation.gov.uk/ukpga/1980/66/section/137

http://www.legislation.gov.uk/ukpga/198 ... tion/137ZA

http://www.legislation.gov.uk/ukpga/1980/66/section/154

TO

HEDGEHELP
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Re: Hedge width overhang

Post by HEDGEHELP » Sun Jul 31, 2011 9:52 pm

Thanks All for your advice and information. Will wait to see if we get a letter from the Council. Until then I'm not prepared to kill my hedge for just one person!

FrTed
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Re: Hedge width overhang

Post by FrTed » Sun Jul 31, 2011 10:42 pm

Is it privet hedge?

It takes a LOT to kill them off.

Mine was nearly 2m thick at its widest point up to last summer when I quite literally chopped it in half back to its main uprights to create a hardstanding area (and maximise my space) - it looked dead for a while but has greened up again nicely now.
"No Dougal, these cows are SMALL, those cows are FAR AWAY"

Sudynim
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Re: Hedge width overhang

Post by Sudynim » Sun Jul 31, 2011 10:45 pm

Treeman wrote:
Sudynim wrote:
HEDGEHELP wrote:'Despair' - you say 'technically'. Where can I find this evidence? I've searched on various websites and no one seems to be able to give me a definative answer, not even my local authority!
It is common law beyond any particular Act, that if I allow my rose bush to grow over your land or your ROW then you may cut it back. There are a few exemptions like Tree Protection Orders, but they're not relevant to a hedge. I think you need to cut it back further. It is not reasonable to say that you're only obstructing 1/3rd of the pavement so people still have room to get past. It isn't your land, and you shouldn't be obstructing it at all.

I suggest you take a deep breath and tidily cut it back another foot. That will halve the obstruction, and reduce the likelihood of the council acting upon a complaint. If they send a workcrew it will be done very cruelly, right back to the boundary.

Nope, its not common law it is in fact if the LA want to enforce they have to issue any order under Section 154 of the highways act
Apologies, I was making an unwarranted assumption that the council owns the land over which the pavement passes. If they do not own it, then they do not have the rights mentioned above.

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Mattylad
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Re: Hedge width overhang

Post by Mattylad » Sun Jul 31, 2011 11:27 pm

HEDGEHELP wrote:Thanks All for your advice and information. Will wait to see if we get a letter from the Council. Until then I'm not prepared to kill my hedge for just one person!
I would suggest that this is your best way forward.
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.

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