Received a section 154 notice in St Margaret's? What to do about a hedge or tree over the road or path.
The council says a hedge or tree of yours overhangs a road or path and has to be cut back. Here is what to do, in order, how long you have (14 to 28 days), and what section 154 of the Highways Act 1980 says.
Clifftop lanes and the road down to the Bay leave little room: a hedge that has taken the Channel wind for years can lean out over the verge, and a tree on a bend can hide a driver's view. Someone reports it and a notice follows. Most are sorted with a trim, and it is far easier if you start the day the letter arrives.
Short answer: what to do with a section 154 notice
- Find the compliance date. The Act says 14 days from service, and a notice can allow up to 28.
- Check the hedge or tree is yours. If it is a neighbour's, tell the sender in writing now.
- Photograph it, then cut it back in time. Kent County Council asks for 2.4m clear above a footway and 5.2m above the carriageway.
- Check for nesting birds and for a protected tree before cutting.
- If you ignore it, the council can do the work and bill you. If you disagree, you can appeal to a magistrates' court, so act quickly.
Send us a photo of the hedge (or the tree, and we will tell you honestly whether we can help) and the date on your notice. We will quote and prioritise your job so it is done inside your deadline. Get a quote
Exposure for this job
- Clifftop / Bay (most exposed): cut the road face back to the clearance the notice asks for and leave the rest of the hedge as shelter. Taking the whole hedge down to meet a deadline can leave the garden exposed to salt wind.
- Village / inland (moderate): a straightforward trim of the road side is usually enough.
- Dover town / sheltered (least exposed): the main issue is pavement clearance, so check the height over the footway first.
We cut hedges for a living and we are not solicitors. This is the law as written plus what we see in practice. If you dispute the notice or the cost is large, speak to a solicitor, and always work to the wording of the notice you were sent.
What do I do if I get a section 154 notice?
- Read it properly. Note who sent it, the date of service, the compliance date and the exact stretch of road or path. Photograph the notice.
- Work out whose growth it is. It should go to the owner or occupier. If the hedge or tree belongs to a neighbour, or sits on a verge you do not own, write to the sender with photos and your title plan if you have one. Our high hedge neighbour law guide covers the neighbour side.
- Take dated photos from the road before you cut.
- Book the work early. The Act says 14 days from service, and some notices allow up to 28. Do not leave it to the last few days.
- Check for nests. A nest in use is protected under the Wildlife and Countryside Act 1981. The accepted guidance window is 1 March to 31 August, though the Act sets no dates. If you find one, leave that stretch, photograph it and agree a new date in writing. See hedge cutting timing and the nesting season.
- Check for protected trees. Garden hedges are normally outside the Hedgerow Regulations. A tree in a conservation area, or under a TPO, needs notice or consent first: see conservation-area rules in St Margaret's Bay and how to apply for permission.
- Cut back, clear up, photograph again. Take enough off to stay clear after the next flush of growth, clear every cutting from the road and path, and keep the after photos with the notice.
- If you disagree, contact the sender quickly. A person aggrieved can appeal to a magistrates' court, but the section sets no appeal deadline and does not say the compliance period stops during an appeal. Do not assume it does.
What does section 154 of the Highways Act 1980 say?
It gives a council the power to make the owner or occupier cut back growth that spills from private land. In plain English:
- Overhanging growth (subsection 1). A hedge, tree or shrub overhanging a highway, or another 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, can lead to a notice on the owner or occupier. It must be lopped or cut within 14 days of service.
- Dead or dangerous growth (subsection 2). If it is dead, diseased, damaged or insecurely rooted and likely to fall onto the road or path, a similar notice can require it 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 can do the work and recover its reasonable expenses from the person in default.
The section is on legislation.gov.uk. In practice a notice may allow up to 28 days, so go by the date on yours.
Who can serve one around St Margaret's?
The highway authority and, in a non-metropolitan district, the district council too. For most roads in Kent that is Kent County Council, and St Margaret's at Cliffe sits in Dover District. For a road or footpath that is not a highway, the local authority for the area can act. KCC sets out what it expects in its overhanging vegetation guidance. A request letter sometimes comes first. Treat it as seriously as a notice.
How much clearance is enough?
Kent County Council asks for at least 2.4 metres (about 8ft) clear above a footway or cycle route and 5.2 metres (about 17ft) above the carriageway, with growth kept back from the road edge and away from streetlights. Those are the council's guidance figures, not numbers in the Act, so if your notice states other measurements, follow the notice.
Can I cut it myself, or should I get someone in?
A low hedge by a quiet lane is a fair DIY job. Beside traffic, on a gusty clifftop road or with tall growth, it is a different matter: you need to protect passers-by, use proper kit and stay out of the carriageway. KCC also warns that damaging highway vegetation while you cut can leave you liable. For the hedge, our hedge trimming and hedge reduction services cover overgrown road-side growth. If it is a tree, send us a photo and we will tell you honestly whether we can help or whether you need a tree surgeon.
How do I stop it happening again?
Trim the road face once nesting has finished and keep to the same line each year. If a hedge has outgrown its plot, renovating an overgrown hedge and staged leylandii reduction show how to bring it back safely, and gale damage recovery helps if wind has pushed it out.
Section 154 notice questions answered
A section 154 notice has arrived. What now?
Find the compliance date and the exact spot, check the hedge or tree is yours, and take dated photos. Look for nesting birds and for a protected tree, have the growth cut back before the deadline and photograph the result. If it is not yours, tell the sender in writing straight away. If you disagree, contact the council quickly and take advice, because you can appeal to a magistrates' court.
Can I ignore a section 154 notice?
No. If it is not complied with, the authority can carry out the work and recover its reasonable expenses from the person in default. The section sets no fine, but the council's bill will normally exceed the price of a local trim.
How long do I get, 14 days or 28?
The Act says the growth must be cut within 14 days of the notice being served. A notice can allow up to 28 days. Work to the date printed on yours and book early.
Who is responsible for a hedge hanging over the pavement or lane?
The notice is directed at the owner of the hedge, tree or shrub, or the occupier of the land it grows on. If it belongs to a neighbour, or stands on land you do not own, tell the council in writing and attach photos.
Which council sends these notices on the Dover coast?
Kent County Council is the highway authority for most roads in Kent. In a non-metropolitan district such as Dover the district council can also serve one, and for a road or footpath that is not a highway the local authority for the area has the power.
Is there a right of appeal?
Yes. A person aggrieved can appeal to a magistrates' court. The section gives no appeal deadline and does not say the compliance period is suspended while you appeal, so do not assume it is. Speak to the authority and take advice early.
What clearance does Kent County Council ask for?
Its 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 from streetlights. A notice that sets its own measurements takes priority.
Can I cut it myself?
If it is yours and you can work safely, yes, after checking for nests and protected trees. Beside a busy road, on a windy clifftop lane or with tall growth, a contractor is the safer option. KCC warns that damage to highway vegetation caused while cutting can leave you liable.
Do I tell the council once I have finished?
Kent County Council says that if you received a letter asking you to trim, you need not report back, as officers check later. If you were served a formal notice with a deadline, keep dated photos of the finished work in case you are asked.
Got a notice and a deadline?
Send us a photo of the hedge (or the tree, and we will tell you honestly whether we can help) and the date on your notice. We will quote and prioritise your job so it is done inside your deadline. We cover St Margaret's at Cliffe, St Margaret's Bay, Kingsdown, Ringwould, Walmer, Deal and Dover. Call 07763 100 477, email hello@stmargaretshedges.co.uk or use the contact form.