Q&As

What powers does a Local Authority have to remove privately-owned trees which are bordering a highway which is in the process of being widened and it has transpired that to do this would involve damaging the roots of the trees which would make those trees dangerous? It appears that the only remedy available is a further compulsory purchase order or compensation to the landowners. The landowners are not in agreement as they want the trees to remain but the project cannot be completed without the removal of the trees.

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Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP
Published on LexisPSL on 02/07/2020

The following Local Government Q&A produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP provides comprehensive and up to date legal information covering:

  • What powers does a Local Authority have to remove privately-owned trees which are bordering a highway which is in the process of being widened and it has transpired that to do this would involve damaging the roots of the trees which would make those trees dangerous? It appears that the only remedy available is a further compulsory purchase order or compensation to the landowners. The landowners are not in agreement as they want the trees to remain but the project cannot be completed without the removal of the trees.

What powers does a Local Authority have to remove privately-owned trees which are bordering a highway which is in the process of being widened and it has transpired that to do this would involve damaging the roots of the trees which would make those trees dangerous? It appears that the only remedy available is a further compulsory purchase order or compensation to the landowners. The landowners are not in agreement as they want the trees to remain but the project cannot be completed without the removal of the trees.

Highway Authorities have wide powers to deal with nuisance or obstructions caused by trees planted in or

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