A key amendment has been made to the highways maintenance code of practice in the light of the risk and liability surrounding ash dieback disease, which could cost councils billions.
Following an ADEPT traffic management conference earlier this year, a point of law was raised around the responsibility for trees on private land close to the highway.
Director of trees, science and research at the Tree Council, Jon Stokes, said: 'When you serve a section 154 notice [under the Highways Act 1980], it becomes the duty of the landowner to be aware that their tree is a risk. After a period, if the landowner does nothing about it, custom and practice were that [responsibility] defaulted back to the council who then bore the risk do the work and then back charge the person for doing it.
'That's ok with one tree, but when it becomes millions of trees, if I were the landowner, I would do nothing about my trees and let the council deal with it.'
The Tree Council estimates that UK local authorities could be facing a bill of billions of pounds as a result of ash dieback disease making trees unsafe near roads and other sensitive areas.
In the light of the confusion and high risk around the issue, the UK Roads Liaison Group has changed paragraph B.5.4.2 of the code Well-managed Highway Infrastructure.
It previously stated: 'In England and Wales the Highway Authority is also responsible for ensuring that trees outside the highway boundary, but within falling distance, are safe. Section 154 of the Highways Act 1980 empowers the authority to deal, by notice, with hedges, trees and shrubs growing on adjacent land which overhang the highway, and to recover costs.'
It has now been amended to state: 'In England and Wales it is the common law duty of the landowner to take reasonable care to ensure that trees outside the highway boundary, but within falling distance, are safe. However Highway Authorities may become aware of trees, hedges or shrubs which are not safe. Section 154 of the Highways Act 1980 empowers the authority to deal, by notice, with hedges, trees and shrubs growing on adjacent land which overhang the highway, and to recover costs.'
The Highways Act 1980 states: 'Where it appears to a competent authority for any highway, or for any other road or footpath to which the public has access—
(a) that any hedge, tree or shrub is dead, diseased, damaged or insecurely rooted, and
(b) that by reason of its condition it, or part of it, is likely to cause danger by falling on the highway, road or footpath, the authority may, by notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is situated, require him within 14 days from the date of service of the notice so to cut or fell it as to remove the likelihood of danger.'
Paragraphs in the code on winter service training have also been amended at the request of the training organisation Lantra.
Paragraph B.7.6.25. now reads: 'Authorities should consider practical experience operator training offered by awarding organisations such as City & Guilds and Lantra, and/or regulated qualifications such as those on the Regulated Qualifications Framework (RQF) and Scottish Qualifications Authority (SQA) frameworks.
'Relevant progression programmes/courses are available for supervisors, decision makers and managers from a variety of suppliers including the Institute of Highway Engineers (IHE). In addition many authorities have found it useful for those personnel involved in Winter Service management and decision making to undertake training in familiarisation and interpretation of weather forecast information.
Paragraph B.7.6.30. now reads: 'The first tier of management should be aware of their duties and sufficiently competent to fulfil them. Training and/or regulated qualifications may be appropriate to support developing competencies for supervisory personnel.'
