Access getting tighter

[roscoe erf]

In terms of height above the road, I think that a road user is entitled to16 feet, unless it is a bridge which is marked at a lower figure.

16ft 6" any lower and it has to be marked

 

[renewablejohn]

Main access road to farm blocked
Reported in the Roads/highways category anonymously at 18:20 today

Sent to Blackburn with Darwen Borough Council 5 minutes later

View attachment 238912zoom
Main access road to farm along school lane Edgworth as part of Edgworth Enclosure Act 1795 has been blocked by an abandoned tractor at one end and an electronic gate at the other first notified to Blackburn Council in 2008 and still nothing done about it.

Interesting one on FixMyStreet.

Sounds about right for Blackburn Council

 

[Danllan]

I'd try the Council route first, if no luck then just cut back the branches, sufficient to allow road access and prevent regrowth being a problem in the near future. The Council has a legal obligation to do this and you have a legal right to if they either won't do it, or won't do it in a reasonable time.

If you poison, ring-bark the tree or kill it / damage it in any other way you are just leaving yourself open to being charged with Criminal Damage and probably Aggravated Trespass too.

 

[Headless chicken]

Update. The wife has just rang to say that the council were there today. So big thumbs up to Ceredigion on that point! They've said they. Can't do anything as its land owners resposability and will call back Monday to speak to me proper about how to proceed

 

[Drillman]

Update. The wife has just rang to say that the council were there today. So big thumbs up to Ceredigion on that point! They've said they. Can't do anything as its land owners resposability and will call back Monday to speak to me proper about how to proceed

just make sure that big load of hestons gets hung up on the tree about 10 mins before the council get there.

 

[Philip Watkins]

Update. The wife has just rang to say that the council were there today. So big thumbs up to Ceredigion on that point! They've said they. Can't do anything as its land owners resposability and will call back Monday to speak to me proper about how to proceed

Yes, if it's his tree his responsibility but the council can use their power to force him to do something about it. It won't be quick.

 

[Thick Farmer]

I cut back the branches from the main road to the end of my drive myself in order to keep the access good.
None of the neighbours mind.

 

[Oat]

Update. The wife has just rang to say that the council were there today. So big thumbs up to Ceredigion on that point! They've said they. Can't do anything as its land owners resposability and will call back Monday to speak to me proper about how to proceed

Have you actually approached the owner and explained the situation, and asked if either they can cut the tree back, or allow you to do it?

 

[Exfarmer]

In the UK, you have no limit to the height of a vehicle.
If your hedge or tree obstructs the highway at all you are liable, to be made to cut it back, and the council can charge you if they do it.
Railways have a right to cross particular road roads by act of parliament, at whatever height decreed.
The rights of the utilities are less clear and certainly must maintain their lines at no less than 16' 6", although this commonly is ignored

 

[joe soapy]

Have you actually approached the owner and explained the situation, and asked if either they can cut the tree back, or allow you to do it?

Last time we done a road run with loadall and chainsaw we had 1 objector so left his trees alone.
He was very surprised what tree surgeon charged for doing what we would have done for free

 

[Bob lincs]

our farm is down a half mile lane with a few other people living on it and a few different land owners.
The one at the very end likes his trees ( no problem with that ) but it has started to get beyond the land is getting narrower as the trees grow in and as they have now made a canopy we struggling for height as well.
Currently the forager won't come in and luckily the contractor owns fields on the lane and has access through these but lorries are finding it harder to get up. We can get an artic in just but more frequently they are refusing making life very difficult.
There is one tree on the very corner of a junction which causes a lot of problems with visibility and is only a matter of time before there is a serious accident because of this.

So what can we do? Farmer who owns the trees/ land says he's not willing to do anything

We had this at several locations where we have land , home owners were no help , council were even less help so I hired a spearhead mower equipped with a quad saw and went trimming . We cut every branch ,tree, and hedge that was causing a problem . We made a nice neat job and cleared up properly everywhere . Not one person thanked us but no one complained either , it cost me a few hundred pounds but was well worth it .

 

[linga]

Have you actually approached the owner and explained the situation, and asked if either they can cut the tree back, or allow you to do it?

We have not approached the owner recently but for reasons that don't need to be gone into there is no chance whatsoever he would do it himself willingly or let us do it

 

[Irish NZ]

Just hire this guy for 20mins. Don't be there when he is doing it and deny deny deny

 

[Pond digger]

if you cut the branches down yourself, just make sure you're insurers are ok with you working on the public highway. The grass verge will also be part of the highway.

 

[mikep]

A friendly solicitors letter setting out his obstructing your access and hold him responsible for any loss or damage should make for a brisk responce and is usually worth the £50. If he doesn't respond he is ignoring the problem and after a second letter you can act and make a claim for costs. If he claims it is the councils responsibility let him take it up with them but put a time limit on it.

 

[Goweresque]

Some very useful info regarding the specific laws covering such matters here:

http://www.agriblog.co.uk/?p=643

One often finds a letter to public bodies quoting the specific law that governs something you wish done (or not done, as the case may be) will get a more satisfactory response than a face to face meeting. Public bodies will do as little as they have to in order to make their lives as easy as possible. But if they know the complainant knows the actual law, and puts their complaint in writing, they have to sharpen up a bit. Never believe anything a public servant verbally tells you is 'the law' - they frequently don't know what they are talking about, or just lie to suit themselves.

 

[Pond digger]

Some very useful info regarding the specific laws covering such matters here:

http://www.agriblog.co.uk/?p=643

One often finds a letter to public bodies quoting the specific law that governs something you wish done (or not done, as the case may be) will get a more satisfactory response than a face to face meeting. Public bodies will do as little as they have to in order to make their lives as easy as possible. But if they know the complainant knows the actual law, and puts their complaint in writing, they have to sharpen up a bit. Never believe anything a public servant verbally tells you is 'the law' - they frequently don't know what they are talking about, or just lie to suit themselves.

I fully concur.

 

[Old Boar]

When Ceredigion bought their new rubbish lorries (lorries for rubbish!), lots of us around here got letters asking (demanding) we cut hedges back and overhanging branches, as they did not want the lorries getting marked.
So I am just wondering if they come up the lane to pick up the rubbish?

A fire engine has to have easy access legally. This may be a point to put to your neighbour.

 

[C.J]

S.W.Highways send out letters , prior to surface dressing , requesting 6 meters (19'10") clearance.

 

[Penmoel]

That's handy to know! The width is a pain but it's the tree on the end that's the huge problem. One day I will put out and someone will go into the side of the tractor. I hope it's a car that has some safety but bikers sadly feel the need to go like a bat out of hell down there and that's only going to end one way

Maybe write to the owner of the offending tree, mention the fire and emergency services access concern, along with you own concern with regard to visibility going out of the junction, that were an accident to happen his prior knowledge that lack of visibility was an issue, could be perceived to be contributory to that accident .