STREETS
the top enquiries or complaints the
council receives each summer. It is
all a matter of having consideration
for others. If you see your tree, for
example, is hanging a long way over
your front or back fence, then you know
there is a chance its branches could be
interfering with others’ right of way. If you
don’t deal with it yourself, the council has
the power to serve notice to demand you
lop or cut it back. If it is not done within 28
days, you then run the risk of the council
carrying out the work itself and charging you
for it. But there is no need for it to get that far
if you just keep an eye on the plants growing
on your property.”
WHAT CAN I REPORT TO THE COUNCIL?
If you feel vegetation is causing an obstruction
or putting others in danger, you can report it to
the council.
From a legal perspective, the landowner is
likely to be liable for any obstruction. The council
can and will, where circumstances warrant it,
demand work is carried out.
These are the kind of problems reported about
trees next to roads:
■ It is hindering vehicles or pedestrians
■ It is dead or likely to fall or collapse
■ It is obscuring the line of sig ht at a road junction
■ It is obstructing streetlights, pelican
crossings or road signs.
Residents can report an obstruction or a tree
problem online via www.ealing.gov.uk/reportit or
by calling customer services on 020 8825 6000.
WHAT HAPPENS IF MY
TREES ARE PROTECTED?
A protected tree is one that is subject to
a preservation order or is growing in a
conservation area. But the Highways Act 1980
can supersede this to protect the public from
unnecessary hazards. Therefore the council can
still demand the minimum amount of pruning
required to bring the tree in line with the
requirements of the act.
AFFECTED BY OVERHANGING
FROM NEXT DOOR?
If you are affected by overhanging trees
or bushes you do have a legal right to
prune to the boundary of your property
only. But you must ensure the tree is
not protected by planning legislation
and discuss your intentions with the tree
owner prior to undertaking the work.
Even then you should proceed with
caution because if things go wrong you
could potentially be found legally liable
for serious damage to the plants, or for
trespass if you go beyond your boundary.
Check if a tree has a preservation order,
or just find out more, on the council
website www.ealing.gov.uk by running a
search for ‘trees’.
The image above shows the minimum height allowed
for overhanging branches by road type.
around ealing
Summer 2016
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