AIE - Document Review - Highway Act 1980

Document Summary

Highways Act 1980

The following sections apply specifically to trees in relation to highways. The descriptions below only act as a brief summary, see the Act for full details. Some sections are amended by the Highways (Amendment) Act 1986. Many of the sections carry penalties for infringement.

Section 64. The Highways Authority may landscape and plant trees on roundabouts and central reservations.
Section 79. The Highways Authority may serve a notice to restrict new planting or remove existing vegetation which is/may cause a danger to road users on a bend or junction. Objections should be made within 14 days.
Section 96. The Highways Authority may plant trees and protect/maintain them. Such planting should not hinder the use of the highway nor be a nuisance to adjacent property. Compensation may be available if damage arises due to the planting.
Section 132. It is an offence to erect a notice on the highway trees.
Section 136. The Highways Authority may request a court order for pruning, if the highway is being damaged by the exclusion of the sun due to a hedge or tree.
Section 138. It is an offence to plant a hedge without the Highways Authorities permission.
Section 141. It is an offence to plant a tree within 15ft of the centre of the carriageway. This is subject to S64, S96 and S142.
Section 142. The Highways Authority may grant a license to a member of the public allowing them to plant and maintain vegetation near the highway.
Section 154. The Highways Authority may serve a notice requiring the pruning of vegetation which obstructs the passage of vehicles, the view of drivers, the light from a street lamp, etc to be cut. This section also covers the ordering of the removal of dangerous trees which may threaten the users of the road. The work should be carried out within 14 days.
Section 161. It is an offence to light a fire near the carriageway which results in causing a danger to road users.
Section 174. Warning signs/barriers etc must be erected whilst working on a highway.
Section 294. Allows the courts to grant an order authorising entry into a private property and thus allowing works associated with S154 to be carried out if access to the property is refused.
Section 303-304. It is an offence to obstruct someone acting in execution of this act.

A copy of the Highways Act can be obtained through Her Majesty's Stationary Office.

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