Section 137 Notices issued to landowners
Case reference FOI2023/01942
Published 12 December 2023
Request
Will you please confirm that the Council has not written to other landowners requiring hedges be cut under Section 137 of the Highways Act when they have failed to keep their hedges from causing inconvenience.
Since I imagine that a county council will treat all matters in accordance with the Nolan Principles then, technically, it shouldn't matter where in the county you are applying this principle and, unless there has been a recent change of policy which you have failed to disclose, the timeframe should be equally irrelevant.
However, if it makes the request easier then I am happy to restrict the timeframe to the last three years.
Response
Will you please confirm that the Council has not written to other landowners requiring hedges be cut under Section 137 of the Highways Act when they have failed to keep their hedges from causing inconvenience.
Since I imagine that a county council will treat all matters in accordance with the Nolan Principles then, technically, it shouldn't matter where in the county you are applying this principle and, unless there has been a recent change of policy which you have failed to disclose, the timeframe should be equally irrelevant.
However, if it makes the request easier then I am happy to restrict the timeframe to the last three years.
Please see the below data.
Sec 137 Highways Act 1980 refers to willful obstruction. A thing that impedes or prevents passage or progress; an obstacle or blockage.
Sec 154 Highways Act 1980 refers to tree, hedge or shrub overhangs a highway so as to endanger or obstruct the passage of vehicles or pedestrians.
In the period requested enforcement received approximately 216 enforcement request from the Inspectors and BBLP Locality Stewards.
1. 40 refer to Section 137 Highways Act 1980
2. 115 refer to Section 154 Highways Act 1980
Herefordshire Council inspectors received approximately 1597 enquiries during this period.
1. 83 refer to Sec 137 Highways Act 1980
2. 357 refer to Sec 154 Highways Act 1980
3. 1157 miscellaneous
440 land owners would have received letters, email or verbal warnings.
Below are figures of enforcement dealt with by emails and phone calls.
2021
1. 38 - Sec 154 Highways Act 1980
2. 12 - Sec 137 Highways Act 1980
2022
1. 33 - Sec 154 Highways Act 1980
2. 44 - Sec 137 Highways Act 1980
2023
1. 5 - Sec 154 Highways Act 1980
2. 14 - Sec 137 Highways Act 1980
Documents
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