The Parish Council is particularly concerned about the safety of pedestrians and cyclists at bends where hedges obstruct visibility and reduce the overall width of a lane. In many places because a hedge has not been trimmed back sufficiently over many years the actual edge of the tarmac is some distance under the overhang but covered with soil. In one instance four feet behind. Probing with a garden fork will show this. Just think how you would feel if a child was knocked off their bicycle because the road was not wide enough or the sight line obscured?
WSCC’s precious resources are better spent on looking after the elderly and vulnerable people and not on chasing landowners to carry out their legal responsibilities.
From a legal point of view, there are two important issues:
Is there a maximum encroachment of my hedge on a public footpath?
There is no maximum encroachment that a hedge is permitted to overhang on a public footpath. Landowners should be aware of their responsibilities and ensure they are maintaining their hedges so that they do not cause an obstruction and breach their statutory obligations under the Highways Act. Under Section 137 of the Highways Act 1980 it is a criminal offence to wilfully obstruct a footpath or bridleway without lawful authority or excuse. You can be subject to a penalty fine of up to £1,000.00, but higher sanctions may be imposed by the courts for non-compliance.
Can the council come and cut my hedge without giving me notice first?
Section 154 of The Highways Act 1980 stipulates that where overhanging hedges, trees or shrubs endangers or obstructs the passage of vehicles or pedestrians or interfere with a street lamp, a competent authority may issue a notice to the hedge owner to remove the cause of the danger, obstruction or interference. Failure to comply with the notice within the specified timeframe can result in the competent authority carrying out the necessary work. This authority can then look to recover any costs reasonably incurred by them.