Roadside trees, hedges and ditches

Trees, hedges, and ditches are important parts of our rural landscape. They are also vital habitats for wildlife, provide valuable windbreaks 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 tree/vegetation problem

You can report a roadside tree/vegetation problem, as well as other street problems, through our online reporting tool Fixmystreet.

Who is responsible for looking after trees and hedges

As a general rule, trees, hedges (including trees growing in the hedgerow) and the ditches in front of them, are owned by the adjoining landowner. They are seldom the County Council’s responsibility. 

Trees growing in the highway verge that don’t represent or have been the boundary to private land, as well as undergrowth on the verge, are under our management and care.

We do not automatically clear undergrowth on verges, except where public highway use is affected. Undergrowth provides cover for wildlife and offers a varied and natural landscape.

Trees over the public highway

Trees, hedges 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 them may be deemed an obstruction. We may enforce Section 154 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.

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 within falling distance of the public highway, it might be advisable to remove them. However, deadwood can provide valuable wildlife habitat, so it is advised to seek professional arboricultural advice before determining what works are needed.

Tree preservation orders and conservation areas

Landowners should always check whether trees are subject to a tree preservation order or within a conservation area before carrying out any remedial works.

If the County Council has sent you a letter or legal notice asking that vegetation or trees be cut back for safety reasons, you may be able to complete the works under a legal exemption. However, you will still need to check with the relevant planning authority—usually the City or District Council—before carrying out the works to confirm that they are exempt. 

Under the Hedgerow Regulations, cutting down and removing hedgerows is illegal in certain circumstances. Advice on both these matters should be sought from the Local Planning Authority, usually the City or District Council.

Hedge maintenance

Hedges should be trimmed as appropriate for highway safety or as part of their regular maintenance. Cuttings/arisings should be swept up from carriageways and footways to prevent punctures.

Trimming hedges during the bird nesting season should be avoided unless hedges prevent passage or affect the safety of highway users, including cyclists and pedestrians. The most active period of bird nesting season is from 1 March to 31 July but can extend 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

Ditch maintenance

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, excessive weeds, and vegetation on a regular basis. Oxfordshire County Council, as Lead Local Flood Authority, or 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 on this topic can be obtained from Natural England or Thames Valley Environmental Research Centre (TVERC).

Landowners will also require consent from the City or District Council (as the Land Drainage Authority) before starting ditch maintenance works. In the case of Cherwell District, Oxfordshire County Council, as The Lead Local Flood Authority, has taken responsibility for this area as Cherwell District Council does not have a drainage resource.

Street (Highway) trees

In April 2022, the Cabinet adopted a new Tree Policy. We are responsible for some street trees in towns and villages. Other authorities, associations, and private individuals may own or maintain trees. To determine whether a tree is maintained by the County Council, please log an enquiry via FixMyStreet.

We inspect our highway trees at least every four years to determine their overall condition and ensure they continue to provide the many health, well-being, and broader benefits trees offer. 

Typically, tree maintenance for council trees adjacent to the Highway needs to meet the same requirements as those outlined in Trees over the public highway.

We aim to maintain the general shape of trees as far as possible, so crown reductions, coppicing, and pollarding of trees that have not been previously reduced, coppiced, or pollarded are the exceptions. Where pollarding / coppicing has been the traditional method of management, this will be continued unless an appropriate and reasonable alternative management option may be implemented.

Subsidence caused by trees

Subsidence may result from many things, such as a general reduction of groundwater 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 evidence that a tree(s) is causing damage. We advise homeowners to check home insurance policies and liaise with their insurance company in the first instance. Failure to notify your insurance company of damage may invalidate your policy.

Tree roots and footpaths

Tree roots can occasionally conflict with the built environment, depending on the species. We may carry out careful root pruning under professional guidance, or we may simply patch the surface to avoid, as far as possible, trip hazards for the unwary.

When we carry out planting, we will consider the footways and try to pick a species that will minimise the potential for future disturbance.