Over-hanging Branches

Tue 4 Jun, 07:35

Interesting that the County Council is now showing some responsibility for over-hanging branches. I hope the relevant 'landowners' are being kept informed. Oh yes and any nesting birds. I don't see Enstone Road mentioned?

Mon 27 May, 15:15

It is generally the legal responsibility of land owners to make sure that trees, hedges and just general vegetation on their land does not block any right of way including, of course, public highways and any associated footway. 

nb. one complication is that almost the whole of Charlbury is in a conservation area and, in principle, every single qualifying tree has the equivalent of a TPA (tree protection order) placed on it. That means any tree with a main stem more than 75mm in diameter measured at 1.5 metres above ground level. This means, in principle, you need to apply for planning permission for even the lightest pruning of such trees (except for dead or dangerously diseased limbs). That even applies to the dreaded leylandii. The rules apply whether the tree in question is wholly within your property or not. There is no fee for applying for such planning permission, but it takes time and the outcome isn't certain, although I guess if it is blocking rights of way, that pruning would be permitted.

I have a whitebeam (sorbus aria) that does tend to hang down low over a footpath, and have removed a few minor lower limbs without going through this rigmarole, and have so far avoided appearing in front of the local judiciary for such a recklessly lawless action.

Sun 26 May, 09:31

I have messaged you, Amel

Sun 26 May, 08:45

We have a problem on Woodstock Road where the bit of land after a fence marking private boundary is overgrown and despite communicating with the Council, there has been no engagement to cut it. It is not possible to cut ourselves without stopping traffic on the Woodstock Road just past Fiveways. It’s a real issue but a bit of land which the authorities don’t seem to be aware of - not deep enough to even call a verge but there are bushes between the road and the fence which obstruct walkers and cars! 

Sat 25 May, 08:44

Lots of useful information. From which I divine that 9acres Committee has some responsibility with help of volunteers OR finance from the TC. I therefore ask - Do I turn up with a chainsaw OR try and persuade the TC not to spend money on a bridge to nowhere and spend it on tree lopping.  Please note Wychwood House has already spent £480 on over hanging branches (not those over the bus shelter)at the Enstone X Roads this year.

Fri 24 May, 11:48

This is slightly off-topic, but there is a path that runs from the dip in The Slade to the foot of Dancers Hill. I believe it’s called Willow Walk, and I use it every day. The vegetation, mainly nettles, grew to chest height (and I'm 6'6"), and when it rained they drooped across the path, making it all but impassable, and even then only at the expense of emerging with your trousers soaking wet.

And then, yesterday evening, I walked through it, and someone had mown down all the vegetation, making it easy to walk through again. I don’t know if it was the council, or a kindly volunteer, but many thanks to whoever did it!

Thu 23 May, 19:43

James is right, responsibility for the various bits of land etc is quite complex.  Some are the responsibility of OCC (mainly the verges but also footpaths) some are the Town Council and if there are hedges or branches overhanging pavements these are usually the responsibility of the person whose land the hedge is growing on. OCC can cut them back if the owners refuse to acknowledge several requests to get them cut but we try not to because then the cost has to be born by tax payers when the owners should be doing it.  The leylandii that you reference, Emily, are a very particular case as they are growing on land that is owned by no-one. There are several instances where that is the case,  around the town, for example on Ticknell Piece where the builder constructed houses but didn't allocate strips of land to the properties or to highways so when someone asks for them to be managed it is a problem to make it happen.  I am afraid that whichever party is elected it doesn't change any of this as the roots (no pun intended) go way back in time and are difficult to unravel

Thu 23 May, 18:19

Nine Acres is run by a committee of volunteers, with some funding from the Town Council. Some of the work, like mowing,  is done on a paid basis but an awful lot is done by unpaid volunteers.

Likewise, although the Town Council pays contractors for mowing and some big maintenance jobs, a lot of work round the town is done by volunteers - both Town Councillors and residents who join working parties or who just see it needs doing and do it.

If we want all these jobs done by commercial contractors we would have to pay double the council tax. For as long as it’s done by volunteers, a polite message or word with the clerk or one of the many volunteers is probably the best way to get jobs done. 

Thu 23 May, 17:51

Hi James, what bit that I said wasn't correct? I think we've both said pretty much the same thing, albeit yours was slightly more positive about the local authorities than mine was. 

Yes, you can petition whichever council is responsible for cutting or maintaining something, but those petitions aren't always fruitful. As I proved regarding the overhanging branches from Nine Acress onto the Crossroads or the Leylandi on The Green that my mother has tried for years and years to get cut down to a reasonable height.

If a different party is elected, it will make a difference to local government - it always does. 

Thu 23 May, 17:11

In my first post I pointed out that I assume the over hanging trees of Nine Acres are the responsibility of the Council. Am I wrong?

Thu 23 May, 16:45

Emily, I don't think that is correct. It all depends on who owns the trees/hedges. Homeowners and businesses have to keep their hedges and trees trimmed and they can be asked by a local authority to do this if their trees/hedges cause an obstruction.

Our three local authorities (Town, District, County) plus the local housing associations and utilities have responsibility for trees on land they own. For example, at the corner of Ditchley Rd and Chartwell Dr there was a problem with a very overgrown hedge on Highways (= County) land. I asked (County Cllr) Liz Leffman to ask Highways to come and cut it back and they did, and they have been back several times since to keep it trimmed.

Problems for residents can occur where ownership of the land (and trees/hedges) is ambiguous or disputed. There are several places in the Green where overgrown trees are a nuisance but as no one can be shown to own them, no one is obliged to maintain them.

It would be great for residents in these instances if they were able to petition one of the local authorities to assume ownership (if that is legally possible, it may not be – Lisa Wilkinson, the Town Clerk, might know) and trim the trees.

A few months ago, when I was a Town Cllr myself, the Town Council agreed to mow a small parcel of land (again, in the Green) with overgrown grass which no one owns and which no one cut, but when residents petitioned, the Council agreed to add the cutting of that small patch to its mowing rota, which is all paid for via out council tax of course.

Well done for doing the cutting back that you did though, Emily! I am all for a bit of direct action!!

I am sure there are some (unintentional!) inaccuracies in what I have said but this is more or less the picture.

As for the 4 July elections making any difference to this, it won't of course make any difference ... hopefully nationally it may do though!

Thu 23 May, 11:14

I think if you want verges trimmed back, or overhanging branches cut that are obstructing views or pathways, then it is ultimately up to residents to do this. The WODC, the OCC and TC are not going to do it. 

The obstruction from branches from Nine Acres onto the pavement on the Enstone Crossroads was clearly the responsibility of the TC. I mentioned this numerous times in meetings but it was not actioned. So I, and a few other residents took it upon themselves to cut them back and remove the weeds.

I think waiting for the responsibile authorities to do the right thing is wasted time. At least until after 4th July...

Thu 23 May, 09:11

My original comment, in a convoluted way, was intended to remind the Town Council of its obligations, as they had reminded me and 12 other residents of Wychwood House of ours, regarding over hanging branches from 9 acres along Enstone Road.  The vegetation along the verges is, I believe, the responsibility of WODC.  And as Mark notes is subject to green/conservation opinions summed up by "no mow May". 

Thu 23 May, 08:27 (last edited on Thu 23 May, 15:48)

To add to the list, the narrow pavement opposite Marlborough Cottages in Park Street needs attention as it’s the main buggy route to the nursery, so it’s a safety concern as well as an inconvenience.

Wed 22 May, 19:39

Unless the verge has been cut as well, it's actually quite difficult to drive out of Wychwood House if you have a small car as the verge is so tall it obscures the view of any vehicles coming fast down the Enstone rd. And in this case 20mph is fast. 

Wed 22 May, 19:06

It’s the season for rapid growth of vegetation , noted by the extensive grass  growing along the edge of the pavements and the cobble edges, dislodging the stones with the root growth. The restricted view at Road junctions and hidden signs and marker posts ….. it must be ‘ No Mow May’ !  

Wed 22 May, 18:34

The footpath at the top of Dancers Hill is obstructed by overhanging foliage.  

John H

Wed 22 May, 11:33

Thank you Stephen for doing that. It will make a big difference to pedestrians, especially people waiting for the bus. The tree branches on the other side have also been cut back by non-TC volunteers including removing the ivy from the wall and making the path wider by digging up all the weeds.

Wed 22 May, 11:28

Knowing the interest of our Town Council in the comfort of the Town's pedestrians and the effect of overhanging trees to those pedestrians, I wonder if any member of the Council, in their perambulations, up to the Enstone X Roads  to admire the work done, at their request, by Wychwood House to cut back over-hanging branches over the bus-stop, Has walked up there with their umbrella up? Stick to the path, push a pram or escort an elderly person past Nine Acres - for which the have direct responsibility - and in the rain stay dry. Just askin' as they say.