Trees and hedges
The Council is responsible for the maintenance of trees and hedges on its own land. These fall into several categories - please see below. It is also responsible for the administration and enforcement of Tree Preservation Orders, regulation of trees in Conservation Areas and Hedgerow Regulations on agricultural land.
The Council is not responsible for the maintenance of trees or hedges on private land, including gardens. Council staff will however give limited advice or assistance where possible, without legal liability.
Highway trees
Kent County Council are responsible for the inspection and maintenance of trees owned by the Highway Authority e.g. on grass verges or in the footway adjacent to a road.
Where the tree is adjacent to the Highway on private land, the owner of the land may be required to carry out works to make it safe if it is considered to be a danger to users of the highway.
Read an excerpt from Highways Act 1980 referring to trees overhanging highways:
(1) Where a hedge, tree or shrub overhangs a highway or any other road or footpath to which the public has access so as to endanger or obstruct the passage of vehicles or pedestrians, or obstructs or interferes with the view of drivers of vehicles or the light from a public lamp, or overhangs a highway so as to endanger or obstruct the passage of horse-riders, a competent authority may, by notice either to the owner of hedge, tree or shrub or to the occupier of the land on which it is growing, require him within 14 days from the date of service of the notice so to lop or cut it as to remove the cause of the danger, obstruction or interference.
For the purposes of this section the following are competent authorities - (a) in relation to a highway for which the Minister is the highway authority and which is in a district or London borough, the Minister and also the council of the district or, as the case may be, borough;
(b) in relation to a highway for which a local highway authority are the highway authority, that authority and also (outside Greater London) the council of the district in which the highway is situated;
(c) in relation to a road or footpath that is not a highway, the local authority in whose area the road or footpath is situated; and "hedge, tree and shrub" includes vegetation of any description.
(2) Where it appears to a competent authority for any highway, or for any other road or footpath to which the public has access -
(a) that any hedge, tree or shrub is dead, diseased, damaged or insecurely rooted, and
(b) that by reason of its condition it, or part of it, is likely to cause danger by falling on the highway, road or footpath, the authority may, by notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is situated, require him within 14 days from the date of service of the notice so to cut or fell it as to remove the likelihood of danger.
(3) A person aggrieved by a requirement under subsection (1) or (2) above may appeal to a magistrates' court.
(4) Subject to any order made on appeal, if a person on whom a person is served under subsection (1) or (2) above fails to comply with it within the period specified in those subsections, the authority who served the notice may carry out the work required by the notice and recover the expenses reasonably incurred by them in so doing from the person in default.
Trees in Council parks or open space
If the park or open space is owned by this Council - parks in the Parishes are generally in the ownership of the relevant Parish Council (see link below) - then the Environmental Contracts Section will inspect and arrange maintenance of trees on behalf of the relevant Council section responsible for the management of that site. The aim is to strike a balance between safety, amenity and conservation, for the benefit of the community as a whole.
Trees in gardens of Council houses
These are generally the responsibility of the tenant. If a tenant is unable to carry out normal inspection and relevant maintenance then in the first instance they should contact their Housing Estate Officer (see link below). If that officer considers that works are necessary at Council expense then they will ask the Environmental Contracts Section to carry out a technical inspection, and arrange works via one of it's contractors.
Tree Preservation Orders (TPO) or Trees in Conservation Areas
Planning Regulations require that anyone wishing to undertake any works to a tree that is covered by a TPO, or one which is in a Conservation Area, must first apply in writing to the Council for consent. If you wish to carry out works to a tree, firstly you should check to see if it is covered by these Regulations by contacting the Planning Development Control Section. They will send you the relevant forms if necessary.
If works are carried out to a tree covered by these Regulations, without consent, then both the owner of the land and persons carrying out the works would be committing an offence. If found guilty by a Court, both could find themselves subject to an unlimited fine. If you are in doubt as to whether a tree is "protected" then a simple call to the Council's Planning Section (please see link below) should help.
Rural Hedges
Hedgerow Regulations apply to hedgerows in rural areas that are not a part of a domestic dwelling. These Regulations are presently being reviewed by the Government and may be extended to other areas. If you wish to carry out any work, other than normal annual maintenance, to such a hedge you are advised to contact the Planning Department (see link below) to establish whether your hedge is exempt or covered by the Regulations.
High Hedges
Part 8 of the Anti-Social Behaviour Act 2003 came into effect on 1 June 2005.
You may also want to read an interesting article on Trees, Boundaries and Highways from NatureNet website (http://www.naturenet.net)
Links to:
- High Hedges: a common boundary dispute.
- Government code of practice on high hedges - www.communities.gov.uk *
- Planning Applications
