Line of sight at a junction

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Fri 5 Feb 2016 20:43
Line of sight at a junction - pat quin

Hi, My drive opens onto a busy main road, over the years a tree which is more or less on the verge 50yds away has grown bigger and my line of sight down the road has deminished, in my opinion to a dangerous degree. Can I have the tree cut down, at whose expense & as it is on the verge is the tree the Highway's responsilbilty? Thank you, PMQ

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Fri 5 Feb 2016 21:08
Line of sight at a junction - Falkirk Bairn

Landowner is responsible, if unknown it is the Council.

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Fri 5 Feb 2016 21:16
Line of sight at a junction - focussed

Trunk or A roads are the responsibility of the Highways Agency.

All other roads apart from private roads are the responsibilty of the city, town or county councils.

Have a whinge at you local council first, if it's not their responsibility they will soon tell you who is responsible.

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Fri 5 Feb 2016 21:47
Line of sight at a junction - pat quin

Thanks to Falkirk Bairn & focussed....I'll let you know how I get on.

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Sat 6 Feb 2016 08:02
Line of sight at a junction - Dwight Van Driver

Google

Highways Act 1980

Look at section 79.

Nuff said

dvd

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Sat 6 Feb 2016 08:09
Line of sight at a junction - RT

Google

Highways Act 1980

Look at section 79.

Nuff said

dvd

But does it apply?

That section states "any land at or near any corner or bend in the highway or any junction of the highway with a road to which the public has access"

It doesn't seem to apply to a private drive opening onto a straight road.

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Sat 6 Feb 2016 08:10
Line of sight at a junction - Dwight Van Driver

.....also have gander at section 154 as well and get the axe sharpened.

dvd

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Wed 10 Feb 2016 14:52
Line of sight at a junction - pat quin

Hi, The Local Council put me on to the County Council Highways Agency...Phoned them & to my surprise a chap turned up the next day. Line of sight didn't seem to qualify, if it was an obstruction or a danger to vehicles on the main road, then the owner of the land with the tree on would be liable...maybe. The Highways Inspector couldn't figure out who was responsible for the tree, he was fairly sure it wasn't the Highways Agency, surprise, surprise! It's either the owner of the field or the Evironment Angency, who maintain the dyke next to the road......either way I think I shall be paying for it!

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Wed 10 Feb 2016 15:16
Line of sight at a junction - skidpan

either way I think I shall be paying for it!

Don't go cutting a tree down that is not on your land. Its not your property and the owners could well get pretty annoyed.

And it may well be protected by a TPO, has anyone checked.

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Thu 11 Feb 2016 08:02
Line of sight at a junction - Dwight Van Driver

Heed what Skidpan has posted^^^^^^^^ If the tree is within a conservation area hell of a job to get it removed. Took me a year to get neighbour to lop one over mine. Have a file bokksize on dealing with Council.

Highway is defined as "

Highway

A main road or thoroughfare, such as a street, boulevard, or parkway, available to the public for use for travel or transportation.

Repeated under 'Road' Road Traffic Act 1988.

See also Section 328 Highways Act 1980

See Sec 1 Highways Act 1980 who responsible for maintenance.

So if it is growing on verge between boundary hedges then its their responsibity.

Of course they are going to nannyfudge - going to cost them cash to remove if it is a danger.

Badger them and try and get the support of your local councilllor.

dvd



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