Trees next to the highway

Responsibilities for trees next to the highway

If you have trees on your land or property close to a road or pavement, you must make sure that they are safe by arranging for them to be regularly inspected.

You must take action if a tree on your property:

• stops vehicles or pedestrians using the road or pavement safely
• is dead or might fall down
• blocks the line of sight at a road junction
• blocks streetlights, pelican crossings or road signs.

If a tree on your land overhangs the road

Please trim it back so that there are no low hanging branches. The accepted that the minimum clearances over roads and footpaths are below:

• 5.5m over roads
• 2.1m over footpaths
• 2.3m over cycleways or shared use (cycle and pedestrian) paths

Before you carry out work on your tree

Please let us know if you or your tree specialist intend to carry out work on your trees from the road or pavement. We want to ensure safety measures are in place to protect you, vehicles and pedestrians.

If your tree has a Tree Preservation Order

If your tree is protected by a Tree Preservation Order you can make an application to carry out any maintenance work here: Tree Preservation Orders and Trees in Conservation Areas

Highways inspections

As a highway authority we, Powys County Council, have a responsibility to monitor both council owned trees and those that are privately owned but have the potential to pose a hazard to the highway.

This is a requirement of the Highways Act 1980, which states that a public highway should be kept clear of obstructions.

All roads within the county are inspected every two years by professional tree inspectors who can identify trees which are a hazardous risk to the highway. Any identified hazardous trees on publicly owned land are then managed and maintained to ensure they are safe.

If we have identified a hazardous tree on private property

If we identify a hazardous tree on private property, we will send the tree owner a letter and formal legal notice (Section 154 notice) to let them know about our concern and ask them to carry out any necessary work to make the tree safe within a specified timeframe.

The Section 154 notice, under the Highways Act 1980, gives Powys County Council, the highway authority, powers to require the removal or cutting back of trees, shrubs and hedges that obstruct or endanger highway users.

Frequently asked questions about resolving tree issues

Why have I received a letter about a tree on my property/land?

We, Powys County Council, have carried out a Tree Safety Inspection (TSI) to identify any hazardous trees that could cause a risk to the highway. A hazardous tree has been located on land appearing to form part of your property. Our powers as the highway authority give us the right to contact you about the hazard and ask you to take action to remove the risk to the highway.

As a tree owner, you have a legal duty of care to ensure the trees on your land or property do not pose an unreasonable risk to others.

It isn't my tree

Trees are owned by whoever owns the land or property on which they grow. We make all reasonable attempts to locate the correct tree owner, however, sometimes this can prove difficult. If you know who owns the trees, please let us know when we contact you.

What do I need to do about the tree?

In the letter we will let you know why the inspectors have identified the tree as hazardous. The issue with the tree will need to be removed or resolved. This does not necessarily mean that the tree needs to be felled, it could be that pruning, crown reduction or other management techniques would be suitable. It is up to you to choose which actions to take to ensure any risk to the highway is removed.

Land and property owners are responsible for trees on their land and are required to regularly inspect and take action where hazards are identified.

Where can I get advice?

If you are unsure about what to do next, please give us a call to discuss. However, the best option would be to get advice from an appropriate tree specialist.

Can I just leave the tree as it is?

No. The tree has been identified as a hazard to the highway and as the tree owner, it is your responsibility to prevent it from causing an obstruction to roads and footpaths under the Highways Act 1980.

Now the hazardous tree has been identified and the owner contacted, and a Section 154 notice issued, we will pursue the matter until a satisfactory conclusion is reached.

The Section 154 notice has a right of appeal in a Magistrates Court within 21 days from the date notice was served.

What will happen if I ignore this letter?

If the tree hazard we have identified is not removed or resolved, we, as the highway authority, can remove or resolve the hazard ourselves (under Section 154 of the Highways Act 1980). However, in this situation we will then seek to recover the cost of the work directly from you or, in exceptional circumstances, through placing a land charge on your property.

If no action is taken and an incident affecting the highway occurs, you, as the tree owner, may be pursued for all reasonable costs relating to the incident.

Can I use my own contractors to do the work?

Yes, the choice of contractor/tree specialist remains entirely at your discretion.

How much is going to cost?

We are unable to give an estimate for the works needed to make the tree safe. We would suggest that you get advice and a quote from an appropriate tree specialist.

What if I can't afford it?

Any tree on your property is your responsibility. It is good practice to regularly inspect and manage your trees to them becoming unsafe or causing an obstruction to the highway.

If the tree hazard we have identified is not removed or resolved, we, as the highway authority, can remove or resolve the hazard ourselves (under Section 154 of the Highways Act 1980). However, in this situation we will then seek to recover the cost of the work directly from you or, in exceptional circumstances, through placing a land charge on your property.

Is there any financial support?

Unfortunately, there is no financial assistance available to tree owners to maintain their trees.

Who inspected my tree and was the inspector qualified?

All our tree inspectors are qualified LANTRA Professional Tree Inspectors and registered users of Quantified Tree Risk Assessment (QTRA).

Why was the inspection carried out?

We, as the highway authority, have a duty to maintain a safe highway. We regularly (every two years) carry out Tree Safey Inspections (TSI) on all council owned and/or managed trees and all trees on land adjacent to the highway.

These inspections are crucial for risk management and assess a tree's health, safety, and structural stability, helping to identify potential risks like weak branches or diseases.

How much of a risk to the highway is the tree?

Our inspectors identify all obvious hazards during inspections. Their work is focused on locating foreseeable risks that will include the presence of any of the following:

• A dead tree within falling distance of public highway
• Dead wood overhanging the public highway
• Low branches obstructing a public lamp
• A growth defect which could affect the public highway
• Part of a fallen tree or branch

By applying the Quantified Tree Risk Assessment (QTRA), the inspectors will identify any trees with which pose a risk of harm at a level that the Health and Safety Executive states is unacceptable. In these cases, it is the responsibility of the tree owners, to remove or resolve the risk to ensure that highway users are kept safe.

My trees are protected by Tree Preservation Order

Permission will normally be granted to remove a hazard from your tree, if it affects the highway, even if it has a Tree Preservation Order. You can make an application to work on a protected tree here: Tree Preservation Orders and Trees in Conservation Areas

I live in a conservation area

Permission will normally be granted to remove a hazard from your tree, if it affects the highway, even in conservation areas. You can make an application to work on a tree in a conservation area here: Tree Preservation Orders and Trees in Conservation Areas

My tree is home to nesting birds or roosting bats

Please make contact with Natural Resources Wales before proceeding with any works to trees that are home to nesting birds or roosting bats.

Should I inform anybody once we have completed the work?

Yes, please contact us quoting the reference number at the top of your letter to let us know when the tree has been made safe.

How do I contact the council about this?

If you have any questions, please contact: Highwaytrees@powys.gov.uk