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Got a section 154 notice in Ramsgate? What to do about an overhanging hedge or tree

A notice from the council says your hedge or tree is over a road or pavement. The Act gives 14 days from service, notices can allow 14 to 28, and the clearance Kent County Council asks for is 2.4m over a footway and 5.2m over the road. Here is what to do.

General information on the law as written, not legal advice. Follow the wording of the notice you were sent, and speak to a solicitor if you want to challenge it.

What do I do when a section 154 notice lands in Ramsgate?

1. Record the basics. Who sent it, the date of service, the deadline and the exact spot it refers to. Photograph the notice itself.
2. Work out whose growth it is. The notice goes to the owner of the hedge, tree or shrub or the occupier of the land it grows on. Cliff-top and harbour-side plots often have odd boundaries, so check your title plan before you act.
3. Take dated photos from the road or pavement. This is your starting record.
4. Book the work now. Weather, access and a nest check each cost days, so counting back from the deadline is a mistake.
5. Look for nests. Wild birds' nests in use are protected under the Wildlife and Countryside Act 1981. The accepted guidance window is 1 March to 31 August but the Act sets no dates. An active nest on the stretch to be cut means stop, photograph it and tell the sender in writing so a new date can be agreed. Our Ramsgate hedge cutting calendar shows the safer windows.
6. Look for a protected tree. A tree in a conservation area, or one under a TPO, needs the right paperwork before pruning. See Ramsgate conservation area rules, the section 211 notice and tree preservation orders in Thanet.
7. Cut back, clear up, photograph again. Cut far enough back that it stays clear after the next flush of growth, and sweep the pavement.
8. Disagree? Say so early. Write to the sender with your reasons. An appeal to a magistrates' court is possible, but the section gives no deadline for it and does not stop the clock, so do not rely on either.

What does section 154 of the Highways Act 1980 say?

• Overhanging growth (subsection 1). A hedge, tree or shrub overhanging a highway, or a road or footpath the public can use, so as to endanger or obstruct vehicles or pedestrians, obstruct a driver's view or the light from a public lamp, or endanger or obstruct horse riders on a highway. The notice goes to the owner of the growth or the occupier of the land and requires it to be lopped or cut within 14 days of service.
• Dead or dangerous growth (subsection 2). Dead, diseased, damaged or insecurely rooted growth likely to fall onto the road or path can be the subject of a similar notice, to be cut or felled within 14 days.
• Appeal (subsection 3). A person aggrieved can appeal to a magistrates' court.
• Default (subsection 4). If the notice is not complied with, the authority may do the work and recover its reasonable expenses from the person in default. The section sets no fine.

The text is on legislation.gov.uk.

Which council sends it in Ramsgate?

Either the highway authority or, in a non-metropolitan district, the district council. For Ramsgate that is Kent County Council, which publishes an overhanging vegetation page, or Thanet District Council. A polite request letter often comes first and a formal notice follows. Treat the letter as your real deadline, because it is the cheapest point to fix things.

How far back and how high should the growth be cut?

KCC's guidance asks for at least 2.4 metres clear above a footway or cycle route and 5.2 metres above the carriageway, with growth kept back from the road edge and away from streetlights. Those are KCC figures, not wording in the Act, so a notice that gives other measurements overrides them. Steep streets on the East and West Cliff and the narrow roads near the Royal Harbour are where a hedge that has crept outwards causes the most trouble for pushchairs and wheelchairs.

Is a hedge treated differently from a tree?

The deadline works the same way. What differs is the preparation. A hedge is normally a straightforward trim. A tree may be in a conservation area or under a TPO, which means notice or an application to Thanet District Council first, and it may need climbing or access kit. We do tree pruning, crown reduction and crown raising, and we handle the conservation-area and TPO paperwork where a tree is protected. Garden hedges are not covered by the Hedgerow Regulations.

Should I cut it myself?

If it is yours, you may. Working next to a live road means managing pedestrians and traffic, and thorny or tall growth is awkward from a ladder. KCC warns that damage to highway vegetation while cutting can leave you liable. See hedge cutting and hedge reduction. A leylandii that has run away needs a plan rather than a single hard cut: staged leylandii reduction explains why.

How do I avoid a second notice?

Cut the road side back to your chosen line after nesting is over, and again in spring if the hedge grows quickly. How often depends on the species, and our guide to cutting frequency in Thanet sets out the pattern. If the dispute is with a neighbour rather than the council, high hedges and neighbour law in Thanet is the right place to start.

Section 154 notice questions answered

I have been served a section 154 notice. What should I do?

Note the date of service and the deadline, check the growth is yours, photograph it, look for nests and for a protected tree, then get it cut back before the deadline and photograph the result. If the growth belongs to someone else, tell the sender in writing straight away. If you disagree with the notice, speak to the council quickly and take advice, as you can appeal to a magistrates' court.

What happens if I do nothing about a section 154 notice?

The authority can carry out the work itself and recover its reasonable expenses from the person in default. The section does not set a fine. The practical outcome is a bill for work you did not specify, so it is almost always cheaper to arrange the cut yourself.

How long do I have to cut back a hedge or tree after a section 154 notice?

The Act says the notice requires the work within 14 days of service. A notice can allow anywhere from 14 to 28 days in practice. The date printed on your notice is the one that counts.

Who is responsible for the hedge or tree, me or the neighbour?

The notice is aimed at the owner of the hedge, tree or shrub, or the occupier of the land it grows on. If it grows on your land it is yours to cut. If it is on a neighbour's land or somewhere you do not own, put that in writing to the sender at once with photos and your title plan if you have one.

Who can serve a section 154 notice in Ramsgate?

The highway authority, and in a non-metropolitan district the district council too. Kent County Council (KCC) is the highway authority for most roads in Thanet, and Thanet District Council is the district council. For a road or footpath that is not a highway, the local authority for the area can act.

Can I appeal a section 154 notice?

A person aggrieved by the requirement can appeal to a magistrates' court. The section sets no appeal deadline and does not say the compliance period is suspended during an appeal, so do not assume either. Ask the authority and get advice early.

What clearance does KCC ask for over a Ramsgate pavement or road?

KCC's published guidance asks for at least 2.4 metres clear above a footway or cycle route and 5.2 metres clear above the carriageway, with growth kept back from the road edge and streetlights. These are guidance figures rather than limits in the Act, so check the wording on your own notice first.

Does section 154 cover trees as well as hedges, and can I cut it myself?

It covers hedges, trees and shrubs, and a second limb covers dead, diseased, damaged or insecurely rooted growth likely to fall onto the road or path. You can cut your own growth if you can work safely beside the road, but a tree in a conservation area or under a TPO needs the right paperwork first, and tall or thorny roadside growth is usually a job for a professional.

Do I have to tell the council once the work is done?

KCC says that if you have a letter asking you to trim vegetation you do not need to tell them once it is done, and they check later. With a formal notice and a deadline, keep dated photos of the finished cut in case you are asked. KCC also warns that damage to highway vegetation while cutting can leave you liable.

Sources

• Highways Act 1980, section 154 (legislation.gov.uk)
• Kent County Council: overhanging vegetation