Under Section 154(1) of the Highways Act 1980, landowners and occupiers of land are required to cut back vegetation on trees, shrubs, or hedges that overhang the access network so that they do not endanger the passage of vehicles, pedestrians or horse riders. This applies to roads, footpaths but also to paths within areas to which the public has access to.
Similarly, under section (2) of the Highways Act 1980, a landowner or land manager may be served notice to remove any hedge, tree or shrub which is dead, diseased, damaged or insecurely rooted.
If the work to remove hedges,trees or shrubs is not carried out and it is likely to obstruct or cause danger by falling on users of the network,then local authorities may serve notice for the work to be completed within 14 days. Failure to comply with the notice within the 14 day period can lead to the local authority completing the work and seeking to recover reasonable costs from the land owner/manager.
Farmers are also required to adhere to other rules and regulations regarding the maintenance of tree, hedge and shrubs .These include the maintenance of landscape features found under cross compliance rules (GAEC7) which state no trees can be cut or trimmed during the bird rearing and nesting season; 1st March to 31st August. However, this is not the case if:
- The hedgerow or tree overhangs a highway, road, track or footpath to which the public have access, and the work is necessary because the overhanging vegetation:
- Obstructs the passage of vehicles or pedestrians;
- Obstructs the view of drivers, or the light from a public lamp; or
- Is a danger to horse-riders.
- The hedgerow or tree needs to be cut or trimmed because it is dead, diseased or damaged or insecurely rooted, and is therefore likely to cause danger by falling onto a highway, road or footpath.
Felling infected ash and other diseased trees
Chalara dieback of ash, which is caused by the pathogen Hymenoscyphus fraxineus, is a serious disease of ash which frequently kills young ash trees and can seriously weaken older ash trees over time.
If trees on your land or managed by you become infected then you will need to consider public safety and monitor your trees, particularly in areas with high levels of public access.
Whilst managing diseased ash dieback trees there is the potential for death or injury as a result of accidents, both to professionals working on trees and to the general public, with increased liabilities in cases of death or injury.
An exemption to the felling licence may be applied to felling a diseased tree but only if the danger is real rather than perceived. Evidence may be required to support this level of danger if an exemption is claimed.
Should a tree felling licence be required, you can apply for a felling licence from Natural Resources Wales.