Trees, hedges and ditches are an important part of our rural landscape. They are also a vital habitat for wildlife, provide a valuable windbreak in open countryside and, in the case of ditches, help prevent flooding.
Trees and hedges in urban areas are equally important to 'soften' the streetscape, and to provide visual screening. Some trees are also effective for reducing pollution and traffic noise.
Report a roadside vegetation problem
Who is responsible for looking after them
As a general rule, hedges, trees growing in the hedgerow, and the ditches in front of them, are owned by the adjoining landowner. They are seldom our responsibility. However, trees growing in the highway verge as well as undergrowth on the verge are matters for us to deal with.
We do not automatically clear undergrowth on verges, except where public use of the highway is affected. It provides cover for wildlife and offers a varied and natural landscape.
Trees over the public highway
Trees and vegetation that overhang the highway should be crown-lifted to at least 5.2m to allow safe passage of high sided vehicles as well as being cut back sufficiently from the edge of the carriageway to allow clearance for wing mirrors. Trees and vegetation that overhang footways and footpaths should be crown-lifted to at least 2.5m and cut back to ensure the footpath/way is at least 1.2m in width. This is to allow safe passage for all footpath/way users including wheelchairs, mobility scooters, etc.
These heights have been selected as an acceptable standard and any vegetation below this may be deemed to be an obstruction. We may enforce Section 152 of the Highways Act (1980) which allows us to serve notice upon the owner of the trees/ vegetation informing them that they need to clear any obstructions safely.
When considering works to trees close to the highway, it is important to remember that wet, leaf laden branches may droop up to a metre lower than in their leafless, winter state. Additionally, if you have dead trees that are within falling distance of the public highway, it might be advisable to remove them. However, they play an important role in the ecosystem and can provide valuable wildlife habitat that might be protected by law so it is best to seek professional arboricultural advice before works are done as it is possible that they could be retained safely rather than removed entirely.
Tree preservation orders and conservation areas
Landowners should always check that trees are not subject to a tree preservation order or in a conservation area before carrying out any remedial works.
If the county council has sent you a letter asking that vegetation or trees be cut back for safety reasons then you do not need to go through the full planning process with your local district council. You will still need to notify them of the works that you are going to be carrying out.
In certain circumstances, under the Hedgerow Regulations, it is illegal to cut down and remove hedgerows. Advice on both these matters should be sought from the district council.
Hedges should be trimmed as appropriate for highway safety or as part of their regular maintenance. They should be cut or laid, never flailed, unless they have been managed in this manner for five years or more. The cuttings should be swept up from carriageways and footways where they may cause punctures.
Trimming hedges during the bird nesting season should be avoided unless hedges are preventing the passage, or affecting the safety of the highway user, including cyclists and pedestrians. The most active period of bird nesting season is from 1st March to 31st July but can extent from February to August so it is important to check that there are no active nests before trimming. Birds and their nests are protected by law. More information on this can be obtained from Natural England
Good ditch maintenance is the key to flood prevention. Ditches not only carry water from farmland, residential and industrial areas and roads, to the rivers, but they provide essential water storage areas at peak rainfall periods. Landowners should attend to the removal of silt and excessive weed and vegetation on a regular basis. Oxfordshire County Council as Lead Local Flood Authority / Natural England may seek to control how this is done.
Landowners will require a licence to work in an area if there are any protected species present - Great Crested Newts for example. You must always check for European Protected Species / wildlife before beginning any work. Information can be obtained from Natural England or Thames Valley Environmental Research Centre (TVERC) on this topic.
Landowners will also require consent from the District Council (as the Land Drainage Authority) before stating ditch maintenance works. In the case of Cherwell District, Oxfordshire County Council as The Lead Local Flood Authority have taken responsibiltyfor this area as Cherwell District Council do not have a drainage resource.
We have responsibility for some street trees in towns and villages, except those growing in boundary hedges or where they have been planted under a licence from the local council, town and parish councils or adjoining property owners. Other authorities, associations and private individuals also own and maintain street trees. To determine whether it is a maintained county tree please contact the Highway Enquiries Team.
We inspect our highway trees routinely to determine whether any maintenance is necessary. Typical tree maintenance involves the raising of the crowns to allow access, thinning out of branches and removal of sucker stems on the trunk if obstruction to pedestrians is likely.
We aim to keep the general shape of trees as far as possible, so pollarding of trees that have not been previously pollarded is the exception. Where pollarding has been the traditional method of pruning this will be continued if it is the only viable option for the tree. However, we will not pollard a tree that has not been managed in this way for 10 years or more before work begins.
Tree management policy
Unless public safety is a factor, it is not practical for us to remove trees or carry out work to control seasonal inconvenience such as loss of light, leaf / fruit fall, excessive sap, honeydew, shading of solar panels or television reception interference. In these circumstances we will look at each individual case and assess if any works are deemed necessary in accordance with our tree management policy.
Subsidence caused by trees
Subsidence may be the result of many things such as a general reduction of ground water levels, inadequately designed or constructed foundations or seasonal variations in the moisture content of soils. We will not automatically agree to remove trees where there is evidence of building subsidence and property owners should seek professional advice.
It is up to the owner of the property to prove that the tree(s) are causing the damage. This is normally done by submitting a full arboricultural report from a structural engineer and/or a chartered surveyor and a professionally qualified arboriculturalist (with 12 months of crack monitoring data attached, soil analysis and other supporting evidence) from your insurance company.
Tree roots and footpaths
Tree roots can occasionally damage footpaths, depending on the species. We will sometimes carry out careful root pruning under professional guidance or we may simply patch the surface to avoid, as far as is possible, tripping hazards for the unwary.
When we carry out planting we will always take the footways into consideration and try to pick a species that will minimise future disturbance.
If you are a town or parish council we will consider granting an agreement under Section 96 of the Highways Act to plant and maintain trees in your town or parish. We will need to be satisfied that the trees are suitable now and in the long term.
Householders can apply to plant and maintain trees on the highway verge in front of their house only. This is done under Section 142 of the Highways Act. We will only agree to this if the town or parish is content with the proposal and we (Oxfordshire County Council) will need to be satisfied on issues of species, location and suitability. We will, however, require £10 million in public liability insurance for the life of that tree and we will require proof of this insurance on a yearly basis.
We do appreciate the fact that customers want to plant trees and we may be able to plant the trees for you under our insurance if the trees are paid for privately. For more information please contact the tree team on 0345 310 1111. It is, however, illegal to plant a hedge or tree on the public highway without prior permission from the council.
Woodland planting off the highway is promoted by the Oxfordshire Woodland Project.
Working on trees adjacent to a public highway
To work on trees adjacent to a public highway there are several things that you must consider:
- your chosen contractor must hold £10 million in public liability insurance
- all works should be done in accordance with the current relevant British Standard (BS3998)
- any works on a Public Highway must be notified to the relevant New Roads and Street Works Act Officer (NRSWA) within the county, who can be contacted on 0345 310 1111. They will require that the works are correctly signed and guarded in accordance with the statutory legislation and can offer advice if required.
It is an offence to work on the highway without signing, guarding or a high visibility vest. If we find contractors or private individuals working on trees without any of the above, you will be asked to stop work immediately.
For more information please contact the Highways Tree Team or the relevant NRSWA Officer.
Further information about trees, hedges and ditches
Please contact the Highway Enquiries Team or the planning Department of your local district council:
Planting on the public highway
We will consider planting on the public highway provided that:
- the proposals meet with our requirements as stated below and are approved by the council.
- the type and siting of the planting does not differ from the approved scheme without our written consent.
- recommended planting distances from the road edge of a minimum of three metres for shrubs and small trees and five metres for large forest trees are adhered to. Allowance may be made for some variation in specific situations eg use of ground cover material, urban areas, avenue planting.
- you consult the utility companies listed below and pay for any alterations, or damage, caused to services during planting.
- you consult adjoining landowner(s) concerning the proposals.
- you agree to maintain the planting, eg trimming and pruning, so that it does not interfere with the highway visibility or in any other way become a source of nuisance or danger to users of the highway.
- you hold a Public Liability Policy which indemnifies Oxfordshire County Council for at least £10m in case of any claim connected with the planting.
- copies of the correspondence with utility companies and adjoining landowners are sent with the proposal.
Planting will be approved either by Agreement (Highways Act 1980 - Section 96) or by Licence (Highways Act 1980 - Section 142):
Depending on the type of agreement, ownership and maintenance of the planting will transfer to the county, district, town or parish council (Section 96) or the frontager (Section 142) who will be responsible for maintenance.
The planting shall be removed at any time if so required by the Highway Authority, or any other organisation with statutory powers within the planted area.
In Oxford City
For minor roads contact:
Oxford City Council
Tel: 01865 467267
The utility companies
- Telecom: 01392 497678
- Transco (Southern): 01689 881300
- Transco (Northern): 0117 9536823
- Southern Electric: 01865 845803
- Midland Electric: 08457 353637
- Thames Water: 01189 640494
- Cable and Wireless: 01454 288697
- Virgin Media: 0870 8883116