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Pavement obstructed by vegetation contrary to 1980s Highway Act

Reported via iOS in the Hedge problem category anonymously at 16:09, Fri 19 April 2024

Sent to Buckinghamshire Council less than a minute later. FixMyStreet ref: 5875577.

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Please get the the owner or occupier of the property to carry out their legal responsibility (Highway Act 1980 s154) to ensure that the ‘public highway’ adjacent to the property is not obstructed by vegetation from their property. This means that there must be a minimum headroom of 2.3m (7ft 6 inches), and all the vegetation should be cut back vertically at the boundary. This is a Health & Safety issue. The local authority has a statutory duty to enforce it. It’s a danger to face & eyes

Updates

  • All wild birds are protected. This includes their nests (whilst in use or being built) as well as any eggs the nest may contain. Under the Wildlife & Countryside Act 1981 (as amended), it is an offence to:
    • intentionally kill, injure or take any wild bird
    • intentionally damage, destroy or take the nest of any wild bird while it is in use or being built (nests of golden eagle, white tailed eagle and osprey are protected all year round)
    • intentionally destroy an egg of any wild bird
    • intentionally or recklessly disturb certain wild birds or their dependent young while they are nesting (including disturbance of nesting young)
    Although no dates are legally stated between which hedges cannot be trimmed, cut, laid or coppiced, the main bird breeding season is recognised as being between 1 March and 31 July which we adhere to. Please note, if the issue reported is classified by our Highway Officer as an emergency, arrangements will be made to make the hedge safe for both road and pedestrian users in line with our Highways Safety Inspection Policy.

    Posted by Buckinghamshire Council at 16:09, Fri 19 April 2024

  • Update

    It is an offence under Section 1 of the Wildlife and Countryside Act 1981 to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built, or to intentionally kill, injure or take chicks or adults, or intentionally take or destroy any eggs. As a general rule we avoid hedge cutting during the main breeding season for nesting birds, which usually runs throughout March to August each year.

    We follow the law and where possible the guidance provided by GOV.UK.

    There may be cases when we cannot avoid disturbing a nest if it is obstructing the public highway and presents a danger to road/footpath users, for example a nest in a tree branch overhanging the carriageway, in these rare cases we will take the appropriate action with minimal disruption as possible

    State changed to: Closed

    Posted by Buckinghamshire Council at 13:33, Thu 25 April 2024

This report is now closed to updates from the public. You can make a new report in the same location.