Hedges and trees obstruction safety warning

Following safety warnings over hedges and trees obstruction, householders are being asked to cut back any that could be obscuring road signs, blocking pavements and putting drivers and pedestrians at risk.

While Stockport Council is responsible for ensuring that trees and vegetation growing on the highway don’t pose problems or cause danger to road users, land and home owners are responsible for trees and hedges growing from their property.

Overgrown trees and hedges can spread across pavements which could force pedestrians to walk in the road and signs. They can also obscure warnings signs about speed limits or sharp bends, which could put motorists at risk.

Additionally, trees mustn’t block light from street lighting columns. Pavements and kerb edges should be cleared of debris after pruning or cutting work.

Stockport’s SAS Daniels offered some advice to ensure that landowners and households are aware of their legal responsibilities for hedges and trees obstructions: 

“If there are trees or shrubbery causing obstruction to a highway, the highway authority has statutory powers, pursuant to the provisions of the Highways Act 1980 to compel the landowner to remove the obstruction and to pay for the cost of the removal.

“It can also force an owner to cut back vegetation which is causing an obstruction near corners, bends and highway junctions, even if the vegetation is not actually overhanging the highway itself. The highway authority also has powers to remove such obstructions itself, regardless of who actually owns the objects causing the obstruction.”

• To avoid any nasty surprises, landowners close to a public highway should have the trees on their land regularly inspected by an appropriately qualified person to identify any potential hazard and keep a detailed record of those inspections. If any potential hazards are identified, the landowner should take swift action to avoid causing an actionable obstruction, which could land them in hot water with the highway authority or with other neighbouring landowners. They should also ensure that they have appropriate levels of insurance cover.

“The question of who would be an appropriately qualified person depends on the particular circumstances of each case. If you are uncertain, you should obtain professional advice to ensure that you instruct and individual with the appropriate level of expertise to conduct the inspection.

“Landowners should also bear in mind that tree roots can cause other problems, therefore if there are large trees on the land it would be a good idea to also have any adjacent buildings or other structures in addition to highways inspected for early signs of damage from tree roots.

“If any work is required, landowners should ensure that they have made the appropriate enquiries to establish whether or not the tree is question is protected by a tree preservation order and, if a tree is to be felled, also check whether or not they require a felling licence. Landowners should avoid cutting trees between March and August of each year to minimise disruption to nesting birds.”

Councillor Sheila Bailey, Stockport Council’s Executive Member for Communities and Housing, said: “Overgrown vegetation is a problem at this time of year, as the weather has seen a combination of rain and sunny spells, creating ideal growing conditions. We’re asking the community to assist us and, in doing so, help improve pedestrian and road safety for all users. Check your shrubs, trees and hedges and if any are encroaching on the highway, please cut them back.”

When planning to trim overgrown trees and hedges, please consider the surrounding wildlife, particularly during the nesting season.