Property and land owners have a legal obligation to keep hedges, trees, shrubs, or any other vegetation in such a condition as to not interfere with the highway;
· Under Section 51 of the Highways Act 1986 the Commissioners have delegated authority to issue a notice to a property or land owner where a hedge, tree, shrub, or any other vegetation overhangs a highway or any other road or path:
Vegetation Obstructing the Highway – Enforcement
· Property and land owners have a legal obligation to keep hedges, trees, shrubs, or any other vegetation in such a condition as to not interfere with the highway;
· Under Section 51 of the Highways Act 1986 the Commissioners have delegated authority to issue a notice to a property or land owner where a hedge, tree, shrub, or any other vegetation overhangs a highway or any other road or path:
Ø to which the public has access so as to endanger or obstruct the passage of any traffic;
Ø so as to obstruct or interfere with the view of drivers of vehicles or the light from a public street light;
· A notice will require an owner to lop or cut vegetation to remove the cause of the danger, obstruction, or interference. A notice will allow a period of 14 days for the works to be commenced and completed;
· If the danger, obstruction, or interference is not resolved within 14 days of the date of the notice the Commissioners can undertake works to the property or land. The Commissioners may recover the cost of doing works from the owner of the property or land on which the hedge, tree, shrub, or other vegetation is situated.
· Where an invoice for works undertaken by the Commissioners is not paid the matter will be referred to the Courts for recovery, or a charge placed against the property;
· Any expenses to which a notice applies will be subject to interest and shall be charged from the date of the invoice until payment is made.
Officers from the Commissioners have been issuing notices during June and July to property and land owners and will continue to do so during the next few months. If you wish to report an obstruction to a highway please report it via:
· Website – https://www.onchan.org.im/report-a-problem
· Telephone – 675564, option 1 (Surveyors Department)
· Email – surveyors@onchan.org.im
Ø to which the public has access so as to endanger or obstruct the passage of any traffic;
Ø so as to obstruct or interfere with the view of drivers of vehicles or the light from a public street light;
· A notice will require an owner to lop or cut vegetation to remove the cause of the danger, obstruction, or interference. A notice will allow a period of 14 days for the works to be commenced and completed;
· If the danger, obstruction, or interference is not resolved within 14 days of the date of the notice the Commissioners can undertake works to the property or land. The Commissioners may recover the cost of doing works from the owner of the property or land on which the hedge, tree, shrub, or other vegetation is situated.
· Where an invoice for works undertaken by the Commissioners is not paid the matter will be referred to the Courts for recovery, or a charge placed against the property;
· Any expenses to which a notice applies will be subject to interest and shall be charged from the date of the invoice until payment is made.
Officers from the Commissioners have been issuing notices during June and July to property and land owners and will continue to do so during the next few months. If you wish to report an obstruction to a highway please report it via:
· Website – https://www.onchan.org.im/report-a-problem
· Telephone – 675564, option 1 (Surveyors Department)
· Email – surveyors@onchan.org.im