Power to cut vegetation

Question

Whilst the county council is 'responsible' for highways and enforcing the cutting of private vegetation affecting the highway - does a parish council have a power to do it themselves when there is an identified danger to road users and pedestrians please

I wonder what parish council do when its been reported to them and the dangers are real, especially when the county council won't engage at best or ignore at worst this ongoing problem first reported to the CC a year ago

Answer 1

I'm not aware of any power granted to local councils in this regard. Highway safety is the responsibility of the highway authority. Local councils may undertake maintenance of land belonging to the highway authority, but only with specific consent of the highway authority. This power is contained in Section 96(5) of the Highways Act 1980.

Answer 2

I would just add that anyone carrying out such work must also be trained and qualified to carry out work on highways.

Answer 3

s154 of the Highways Act gives LA the power to require a landowner to remove a hazard to the highway within a notice period or to undertake the work and place a charge upon the land. 

https://www.legislation.gov.uk/ukpga/1980/66/section/154#:~:text=the%20authority%20may%2C%20by%20notice,remove%20the%20likelihood%20of%20danger.

That is a power inferred upon the LA but it is not devolved to town or parish councils. 

The only action a T or P council may take is to lobby the ward Cllr to engage the relevant office of the LA or to report the hazard via whatever ‘system’ the LA employs for such issues. 

Failure to act after an issue has been reported could lead to litigation for recovery of damages by an injured party. 

Comments

One assumes that this could be delegated under S101?

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Section 101 relates to the discharge of functions rather than permission to undertake a specific task. My interpretation of this is that such a delegation would require the parish council to undertake all similar works, not just a single project.

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s101 LGA rather than HA (just for the casual reader)
In relation to s101 - Don't know.
Personally, I think it would probably be inappropriate for a T/P council to start voluntarily taking on the role(s) of higher tiers because of the precedent this could set (and the potential for precept liability.)

The problem sounds like it is one of the land owner failing to cut where 'others' think this might be appropriate or necessary.  The point of s154 HA is that the highways authority are empowered to 'invite' the land owner to effect a clearance which impedes the highway (in a reasonable timeframe) and if they don't then the HA may do it and place a charge on the landowner.  The authority to place the charge on the land owner being the key point.

If a T/P council instructed a contractor to enter private property and effect a clearance it could be construed as criminal damage and depravation (depending upon the circumstances of course) and there is no power to place a charge upon the landowner.

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My interpretation is that as S154 is an optional power and that it is quite OK for them to use another option power S101 on a case by case basis.   Typically I used to refer s154 cases to the District Council who used to say we will write one letter and if there is no reply you can deal with it

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S154 is an optional power for the LA acting on behalf of the highways agency delegation to maintain the highway.
It doesn’t delegate to a T/P council.
So far as I would be aware, a T/P council does not have any authority to enter private land and impose works.
Of course LA ‘may’ say deal with it - it saves them doing it but that doesn’t bestow any additional’authority’ upon a T/P council to do anything - they are still liable for their own actions.

Answer 4

You need to look at s130 Highways Act.... sub 2 gives a parish council power to "assert & protect the rights of the public to the use & enjoyment of any highway in their area". This doesn't allow the PC to actually go and cut the hedge but it does give power to nag the landowner as well as to nag Highways. A nice letter to the landowner might sort out the problem.  Also there is sub 6, which if invoked will impose a duty on Highways to fix the problem (assuming it agrees there actually is a problem) - you can't use Highways normal reporting system for this - it must be a formal letter from your council to Highways.