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 General
One of the main reasons why Cheshire is regarded as being such an attractive county is that many of its country lanes and roads are still bounded by mature hedgerows and trees. Not only do these features play a key role in shaping the overall landscape character of the county, but they also help to attract inward investment, combat pollution, encourage tourism, provide an ideal habitat for a wide range of flora and fauna whilst also offering users varied, pleasant and interesting routes.
However, trees are not just exclusively restricted to rural roads as there are many well-established trees situated in the urban areas which play an equally important role in helping to create and enhance the environment of Cheshire’s towns.
Boundary Hedges
Safety is the dominant issue in the maintenance of all boundary hedgerows. In almost all cases hedges are owned by the adjacent landowner / resident and not the Council. In order to prevent;
· Pedestrians from being impeded by overgrown branches
· Drivers sightlines from being obscured or blocked
· Traffic signs being hidden.
Most hedges need to be cut back on a regular basis. If they are not and they create a potential or immediate hazard to road users, the Council has powers to require the owner of the hedge to remedy the problem by cutting it back. If they refuse to do this work within a specified period (usually 14 days) or are not able to do so, the Council can cut back the hedge and recoup the costs it has incurred in doing so from the landowner / resident.
Hedgerow Trees
Unless it can be proved otherwise, trees situated in boundary hedgerows are also owned by the adjacent landowner. Therefore, it is they and not the Council who is responsible for preventing danger to the highway user. Landowners should therefore ensure that their trees do not create problems or hazards to road users.
As is the case for hedges, the Council possesses the necessary powers to prune, lop or fell trees that are deemed to be creating a nuisance or hazard. In such cases, it is normal practice for the Council to recover the costs of these works from the owner of the tree(s) in question.
Fallen Trees
Trees that fall across the highway can create extremely serious hazards for road users. Your local Area Highways Team can be contacted at any time (24 hours) to deal with such instances.
If a tree from your property falls across the highway, then you can either arrange for a contractor of your choice to remove it or you can ask us to do the work on your behalf. However, we will expect you to meet all the costs that we incur in carrying out the work, including those associated with any traffic management measures / road closures that we have to implement as a result of the tree falling onto the highway.
If you ask us to do the work, then you can either elect to retain the arisings yourself or we can arrange to dispose of them for you. If you choose the latter, the costs of disposal will be included in the final charge.
Highway Trees
It is estimated that there are around 100,000 trees located in the highway in Cheshire. Any tree that is situated in the highway is the responsibility of the Council.
The Council’s policy in relation to the management and maintenance of highway trees is as follows;
In relation to trees that are situated within the highway, the Highways Service will;
a) Instigate and operate a tree inspection and defect reporting system to meet all statutory requirements.
b) Undertake remedial/preventative works that are deemed necessary as a result of the inspection process.
c) Deal with all tree-related emergencies
d) In co-operation with Borough and Parish Councils, undertake a modest programme of tree planting in the highway maintainable at the public expense.
Any problems with Highway Trees - particularly potentially hazardous defects such as broken branches, large cracks etc - should be reported to your local Area Highways Team. They will arrange for the tree to be inspected and any works that may be required as a result of the inspection.
‘Right to Light’
A person’s tolerance of shade or their need for light (daylight or direct sunlight) is a subjective and personal matter and whilst some people prefer shade, there are those that have a desire for sunlight.
Many people are aware of the ancient and prescriptive ‘right-to-light’, but this only relates to loss of light over a considerable period of time and in certain specific circumstances. Where trees are concerned, there is no ‘right-to-light’ and owners of trees as are not required or obliged in respect of any law to prune any tree – including those located in the highway - for the benefit of a neighbour’s level of light
However, the common law position still applies; i.e. neighbours can take their own action at their own expense to cut overhanging branches over their land (although in the case of trees which are subject to a Tree Preservation Order, they would first need to have obtained prior consent from their local District Council).
TV Reception
The purchase of a television licence entitles the buyer to operate any equipment to receive a transmission; it is not a guarantee of any television reception, let alone a perfect reception.
Analogue televisions (terrestrial) operate in a way that will allow for a degree of variation in the reception and that will still allow a viewable image on the screen. However, satellite-television requires the ‘dish’ to have a clear line of sight at the broadcasted signal. Even small obstructions such as a single branch of a tree (or a highway traffic sign, high building, etc.) may prevent adequate signal getting to the satellite-dish.
The Council (or indeed any tree owner) is not required to remove or even prune them for the benefit of television reception. Such action would have an immense impact on the environment, affecting visual amenity, air quality and public health. To expect the Council to take responsibility for the quality of television reception is unrealistic and unsustainable, and there is no basis in law or policy for that expectation.
General Nuisance from Leaf-fall, Fruiting Bodies, Sap, Bird Fouling and Pollen
Being living, growing organisms some trees have certain characteristics that are not always compatible with the expectations of some residents. In particular, the Council does receive sporadic complaints on tree related problems such as leaf-fall, fruiting bodies, sap and bird fouling.
Most of these phenomena are natural and seasonal processes and there is little the Council can, or indeed would wish to do to alleviate them. The Council does not accept liability for damage as a result of such natural deposits from trees and there is no decided case law holding that these phenomena are a legal nuisance.
Damage by Roots from Highway Trees
If you think that your property has been or is being damaged by roots from a highway tree, then you should write to your local Area Highways Office. You will need to provide evidence to back up your assertion in the form of surveyors and arboricultural reports, bore hole / trial pit data, results from crack monitoring tests and photographs of the alleged damage. It should be noted that the provision of such evidence does not automatically mean that the Council will admit liability for the damage.
The Area Highways Teams can be contacted at any time (24 hours) to deal with emergencies - for example fallen trees and branches.
See:
Trees
Hedge and Tree Maintenance Objectives |