Hedge and Tree Maintenance
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 East towns.
Hedge and Tree Maintenance Objectives
Safety is the dominant issue in the maintenance of all boundary
hedges. The frontagers, and not Cheshire East Council, usually own
them. Hedges need cutting back so that overgrown branches do not
impede pedestrians, drivers' sight lines are not blocked and
traffic signs not hidden.
We notify landowners of any potential danger to the highway user
from overgrown hedges or overhanging trees (which are usually owned
by the adjacent landowner if they are within the hedgerow). If the
landowner is not able, or is unwilling, to carry out the work, the
Area Highways Team can arrange for cutting to be done and the
landowner charged for the work. Trees within the road verges are
the responsibility of Cheshire East Council. Many Parish
Councils help us by reminding landowners of their responsibilities
(e.g. by including an item along the above lines in the appropriate
editions of a newsletter or putting a notice on their notice
boards).
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 Cheshire East 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,
Cheshire East 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, Cheshire East 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 Cheshire East 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, Cheshire East 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 Cheshire East 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. The Highways Service 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 Cheshire East Council.
Cheshire East 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 the Highways Service. 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 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 Cheshire East 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.
Cheshire East 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 Cheshire East 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. Cheshire East 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 Highways Service. 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 Cheshire East Council will admit liability
for the damage.
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