Guidance on overhanging trees and shrubs

Trees and shrubs overhanging the highway.
Adjacent landowners have a duty to ensure that their trees and shrubs do not obstruct the highway.

- "Obstruction" includes not only right of passage but also the view of drivers, and light from street lamps.

- "Trees and shrubs" includes vegetation of all kinds.

The council can require the landowner to cut back the vegetation, and if the landowner fails to do it, there are powers of enforcement.

Clearance must be 2.5m above footways and 5.2m above roads.

The Highways Authority is Oxfordshire County Council and they have a duty to enforce the Highways Act 1980.

from Oxfordshire County Council web site

Trees over the public highway

It is our policy that trees over the public highway have a clearance of 5.2m to allow unimpeded access for normal height vehicles. We also require trees over public footways to be at a height of 2.5m to allow unimpeded pedestrian access.

These heights have been selected as an acceptable national standard and any vegetation below this may be deemed to be an obstruction. We may enforce Section 154 of the Highways Act 1980: this allows us to serve notice upon the owner of the trees to maintain the public highway in a safe manner.
It is important to remember that wet, leaf laden branches may droop a metre lower than in their winter leafless state.  . . . . .

Highways Act 1980 Section 130

Protection of public rights.

(1) It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it.

Section 154

Cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths.
This gives the highway authority powers of enforcement.

Guidance on Tree Pruning in the Old Headington Conservation Area

Oxford City Council has a guidance page on their website relating to the care and maintenance of trees in a Conservation area

Historic England has a guide to managing trees in a Conservation Area

All trees in Conservation Areas are protected if they have a stem diameter of 75 millimetres measured at 1.5 metres from ground level. In general, it is an offence under the Town and Country Planning Act 1990 for anyone to undertake work to a tree in a conservation area without giving the Council six weeks written prior notice. The notice period is for the Council to decide if the tree(s) should be protected from proposed work by a TPO

The Council advise that it is best leave the big trees to expert contractors, such as those on the Arboricultural Association Register of Approved Contractors who have appropriate qualifications and insurances;

www.trees.org.uk.

Reports and quotations can be obtained from the following contractors that work regularly in Oxford:

Principal or Manager:

Mr M Boys
Tel : (01993) 880500

Principal or Manager :

Mr P Jenks
Tel: 01865 881738

Principal or Manager:

Mr S Burkitt
Tel : (01844) 351488

Principal or Manager:

Mr S Ringrose
Tel: (01865) 735235  

Principal or Manager:

Mr N McGregor
Tel: 07919 557334

Principal or Manager:

Mr P Ableson
Tel: (01865) 872945

Principal or Manager:

Ms H Gray
Tel: (01235) 767699 

Principal or Manager :

Mr P Hodkinson
Tel : (0845) 4582980

Principal or Manager:

Mr R Robinson
Tel: 01865 874833

Principal or Manager :

Mr T Wilder
Tel : (01865) 300737