Pavements and Footpaths

The issue of hedges and other vegetation overhanging and otherwise obstructing the highway (the definition of which includes the pavement and footpaths) is one that regularly gives rise to complaints to the parish council from residents.

How can hedges and vegetation be a hazard?

Overgrown hedges next to footpaths and roads pose a real hazard to people who are disabled or are visually impaired as well as young children or other pedestrians who risk injury or damage to their faces or clothing from thorns and branches. If the pavement (footway) is narrow or the obstruction is excessive, they may be forced into the road. This is particularly dangerous for wheelchair users or for people pushing a pram or buggy.

On junctions and bends overgrown hedges may obstruct sight lines and the clear view of motorists. They may also obstruct traffic signs or streetlights, increasing the risk of accidents.

Advice to residents

Check your own trees and hedges. Are they overhanging the footpath or boundary of your property? Are they affecting visibility for road users? If so, cut them back (or arrange to have them cut back) as soon as possible.

Ensure that they are cut back correctly within your boundary to, or above, the following heights. It is a requirement that anything overhanging a footway must be at least 2.3m above the footway, cycleway or verge and 5.3m above the road surface.

Regularly maintain them so that they do not become an obstruction.
Seek advice if you have any doubts.
When should I cut back?

It should be remembered that it is illegal under the Wildlife & Countryside Act 1981 to disturb nesting birds, so carefully check before cutting back or, if in doubt, wait until autumn.

What will happen if I do not cut my hedge?

It is an offence under the Highways Act 1980 to allow trees, hedges, shrubs and so on to obstruct the highway.

While the parish council has no legal powers to deal with the issue, Gloucestershire County Council, as the highway authority, has such powers, by virtue of the Highways Act 1980. The Act also places a duty on the owners of hedges, trees and other vegetation who are obliged, by virtue of section 154 of the Act, to ensure that their trees and hedges do not obstruct the highway.

Where the overhanging hedge etc causes either a nuisance or danger to road or pavement users, then the highway authority can serve the owner of the offending hedge with a notice under the relevant section of the Act, requesting that the owner remove the overhanging branches etc.

The highway authority has the power to enforce this if necessary. It will write to the owner and give them a notice period to cut the hedge back or arrange for it to be done and send the owner the bill.

This is because the highway authority has a duty, under section 130 of the Act, to remove obstructions.