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Received a section 154 notice near Goodnestone? What to do about an overhanging hedge or tree

A letter from the council says a hedge or tree of yours hangs over a lane, road or footpath and has to come back. Out here that is more often a hawthorn hedge that has crept over a verge or a field-edge tree leaning over the road than a garden privet. Here is what to do, how long you have, and the real choice between cutting back and challenging it.

What do I do if I receive a section 154 notice?

1. Read it twice. Note the sender, the date served, the compliance date and the stretch of road or lane it means. Photograph the notice.
2. Whose growth is it? The notice is for the owner of the hedge, tree or shrub, or the occupier of the land it grows on. If it belongs to the farm next door or a neighbouring plot, write to the sender straight away with a plan or photos showing the boundary.
3. Photograph from the lane. Stand where a driver, rider or walker would and take dated photos before any cutting.
4. Check for nests. A wild bird's nest in use is protected by the Wildlife and Countryside Act 1981. The accepted guidance window is 1 March to 31 August, though the Act sets no dates. Leave any active nest, photograph it, and tell the sender in writing so a new date can be agreed. My hedge cutting timing guide has the detail.
5. Check protection. A hedge is normally fine, but a tree may be covered by a Tree Preservation Order or conservation-area rules, and trees near the Park and the church need care; see hedge rules near the Park and the church and the tree work notice guide. The Hedgerows Regulations do not apply to a garden hedge, but a field hedge is a different matter.
6. Decide: cut or challenge. See the trade-off below.
7. Book the work early. Fourteen days goes fast once weather and a diary get involved.
8. Clear and photograph. Take every cutting off the carriageway and verge and photograph the finished stretch with the date.

Cut it back or appeal: which suits you?

Pros of cutting back to the notice

• It is usually the quickest and cheapest route, and it ends the matter once the clearance is met.
• You decide how it is cut, who does it and when, rather than a council contractor doing it for you.
• You avoid the authority recovering its expenses from you.
• On a hedge, the work often doubles as the overdue trim it needed anyway.

Cons of cutting back to the notice

• It can mean a hard cut on a hedge that has not been touched for years, so check the species can take it.
• Nesting season may make part of the stretch off limits for a while, which needs agreeing in writing with the sender.
• If the notice is mistaken, you will have done work you did not need to do.

Pros of appealing

• A person aggrieved by the requirement can appeal to a magistrates' court, so there is an independent check on a notice that looks wrong.
• It is the proper route if the growth is not yours or does not endanger or obstruct anyone.

Cons of appealing

• Section 154 sets no deadline for an appeal and does not say your compliance period stops while you appeal, so waiting could leave you exposed.
• It takes time, and the outcome is not certain.
• If the notice is fair, the work still has to be done in the end.

My view: if the growth is yours and it plainly hangs over the road, cut it back. If you honestly think the notice is wrong, write to the sender at once, take advice and keep a note of every date.

What does section 154 of the Highways Act 1980 say?

• Overhanging growth, subsection 1. A hedge, tree or shrub that overhangs a highway, or another road or footpath the public can use, so as to endanger or obstruct vehicles or pedestrians. It also covers growth that obstructs a driver's view or the light from a public lamp, and growth that endangers or obstructs horse riders on a highway.
• Who gets it. The owner of the hedge, tree or shrub, or the occupier of the land it grows on.
• Time limit. The notice requires the growth to be lopped or cut within 14 days of service. In practice a notice can allow 14 to 28.
• Dead or unsafe growth, subsection 2. If it is dead, diseased, damaged or insecurely rooted and likely to fall onto the road or path, a similar notice can require it to be cut or felled within 14 days.
• Appeal, subsection 3. A person aggrieved may appeal to a magistrates' court.
• Default, subsection 4. The authority may do the work and recover its reasonable expenses from the person in default.

Read it on legislation.gov.uk.

Who sends the notice around Goodnestone?

The highway authority can, and so can the district council in non-metropolitan districts. Kent County Council is the highway authority for most roads in Kent, and Dover District Council is the district council for Goodnestone, Chillenden and the villages around. Kent County Council's overhanging vegetation page sets out what it expects. A request letter sometimes comes before a formal notice: deal with it then and no clock starts.

How much clearance is enough?

Kent County Council asks for at least:

• 2.4 metres clear above a footway or cycle route.
• 5.2 metres clear above the carriageway.

It also asks for growth to be kept back from the road edge and from streetlights. Those are published council figures, not numbers in the Act, so if your notice says something different, go by the notice.

Do it yourself or call someone?

Pros of doing it yourself

• No call-out cost, and you can start straight away on a short, low hedge.
• You know the hedge and can choose exactly where to cut.

Cons of doing it yourself

• Work beside a country road with fast traffic is hazardous without cones, signage and a second person.
• Kent County Council warns that damaging highway vegetation while cutting can leave you liable.
• Tall hedges and overhanging tree limbs need proper kit and climbing skill.

I do tree pruning, crown raising and crown reduction and prepare any notice that is needed. If your notice is for a tree that has to be felled, tell me at the start and I will say plainly whether I can help. For a hedge that has run wild, DIY or professional reduction sets out the trade-off.

Section 154 notice questions answered

I have a section 154 notice for a hedge by a village lane. What do I do first?

Find the compliance date, check the growth is yours, photograph it from the lane, look for nesting birds and for TPO or conservation-area protection, then have it cut back inside the deadline and photograph the result. If it belongs to a neighbour or a landowner, tell the sender in writing straight away.

What if I ignore it?

If the notice is not complied with, the authority can do the work and recover its reasonable expenses from the person in default. Section 154 itself sets no fine. The cost is a bill on the council's terms, and you lose any say in how the growth is cut.

How many days do I have?

The Act says within 14 days of the notice being served. In practice a notice can allow 14 to 28 days. Use the date on yours and book the work as soon as you have read it.

Does it apply to a hedge beside a quiet country lane?

It can. The power covers a highway and also another road or footpath that the public can use, where growth endangers or obstructs vehicles or pedestrians, blocks a driver's view or the light from a public lamp, or endangers or obstructs horse riders on a highway.

Who sends a section 154 notice around Goodnestone?

The highway authority can, and so can the district council in non-metropolitan districts. Kent County Council is the highway authority for most roads in Kent, and Dover District Council is the district council here. A road or footpath that is not a highway falls to the local authority for the area.

Should I cut it back or appeal?

If the growth is yours and the notice is fair, cutting back is usually quicker and cheaper. If you think the notice is wrong you can appeal to a magistrates' court. Section 154 sets no appeal deadline and does not say your compliance period is paused during an appeal, so write to the sender and take advice quickly.

How much needs to come off?

Kent County Council's guidance asks for at least 2.4 metres clear above a footway or cycle route and 5.2 metres clear above the carriageway, with growth kept back from the road edge and streetlights. If your notice states its own measurements, follow those.

Can I do it myself?

If it is yours, you can work safely away from traffic and you have checked for nests and protected trees, yes. Kent County Council warns that damaging highway vegetation while cutting can leave you liable. Long roadside runs, tall hedges and overhanging limbs on trees are usually a job for a professional.

Do I have to report back once it is done?

Kent County Council says that if you had a letter asking you to trim, you do not need to tell them when you finish, and they check later. If you have a formal notice with a deadline, keep dated before and after photos in case you are asked.

Sources

• Highways Act 1980, section 154 (legislation.gov.uk)
• Kent County Council: overhanging vegetation