Great Western Coffee Shop

The fact you say pavement suggests that they probably think it is a Local Authority responsibility.

Mind you if you hedge grows and obstructs the pavement the Local Authority can do the job and charge the property owner. Which might concentrate minds.

57.4 Janet Appleton asked who was responsible for the state of the pavement in Approach Road as the brambles in particular were overwhelming the pavement. Cllr. Sandy said that the pavement was the responsibility of Bucks Council (BC) but the overgrowing vegetation was the responsibility of Network Rail. BC had procedures to enforce and he would refer the issue to them if she would provide photographs to him via the Clerk.

69.2 Cllr. Sandy noted that a response had been received from Bucks Council (BC) about Approach Road. They would be cutting back vegetation shortly but the issues raised regarding the uneven footway surface were a matter for Transport for Bucks rather than a project within the remit of the new Community Board.

You could try FixMyStreet.com, which sometimes brings problems to the front of the queue.

I haven’t any photos but Waingels Road is now clear again. I logged a ticket with the helpful Network Rail community team and within a week they’ve all been cut back. It was particularly annoying trying to push my daughters pushchair along that stretch - both because we had to go into the road and also because the foliage impeded the view of the IETs zipping past!

154 Cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths.

(1)Where a hedge, tree or shrub overhangs a highway or any other road or footpath to which the public has access so as to endanger or obstruct the passage of vehicles or pedestrians, or obstructs or interferes with the view of drivers of vehicles or the light from a public lamp, or overhangs a highway so as to endanger or obstruct the passage of horse-riders, a competent authority may, by notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is growing, require him within 14 days from the date of service of the notice so to lop or cut it as to remove the cause of the danger, obstruction or interference.

For the purposes of this section the following are competent authorities—

(a)in relation to a highway for which the Minister[F2or a strategic highways company] is the highway authority and which is in a district or London borough, the highway authority and also the council of the district or, as the case may be, borough;

(b)in relation to a highway for which a local highway authority are the highway authority, that authority and also , if the highway is situated in a non-metropolitan district, the council of that district;

(c)in relation to a road or footpath that is not a highway, the local authority in whose area the road or footpath is situated;

and “hedge, tree or shrub” includes vegetation of any description.

(1A)In subsection (1)(a) above, any reference to a district includes a reference to a Welsh county or county borough.

(2)Where it appears to a competent authority for any highway, or for any other road or footpath to which the public has access—

(a)that any hedge, tree or shrub is dead, diseased, damaged or insecurely rooted, and

(b)that by reason of its condition it, or part of it, is likely to cause danger by falling on the highway, road or footpath,

the authority may, by notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is situated, require him within 14 days from the date of service of the notice so to cut or fell it as to remove the likelihood of danger.

(3)A person aggrieved by a requirement under subsection (1) or (2) above may appeal to a magistrates’ court.

(4)Subject to any order made on appeal, if a person on whom a notice is served under subsection (1) or (2) above fails to comply with it within the period specified in those subsections, the authority who served the notice may carry out the work required by the notice and recover the expenses reasonably incurred by them in so doing from the person in default.

I've had an acknowledgement from NR confirming that they will be visiting the area to assess how much work is required to cut back the vegetation and make the area safer.

Amazing! And there was me thinking that they’d sit on it until Autumn and come and cut it back when it’s dead. Perhaps my cynicism needs reappraising.  :D

It's getting so bad now that I think they have to act quickly because it's becoming a safety issue.

Sitting in nettles and brambles - especially for several months - would not be comfortable!

Before you do it yourself
https://road.cc/content/news/legal-action-threat-vs-councillor-who-cut-down-vegetation-285523 (https://road.cc/content/news/legal-action-threat-vs-councillor-who-cut-down-vegetation-285523)
Nothing like encouraging community spirit

Taking matters into your own hands

    You are entitled to take reasonable steps to remove an obstacle in your way.

    It would probably be reasonable to cut back overhanging vegetation with secateurs, or to break a lock on a locked gate, but it would not be reasonable to take away an unlocked gate, as opening it would sufficiently clear the path to allow you to pass. A highway user can only remove as much of the obstruction “as is necessary to exercise his right of passing along the highway”.

    Removing too much, for instance by cutting back too much vegetation, is a statutory offence under section 1 of the Criminal Damage Act 1970, and the owner would be permitted to sue for damages.

    Obstructions that cannot be dealt with at the time should be reported, either to the landowner or to the local highway authority.

    You may also have a right to divert around the obstruction on the nearest accessible safe route.

A friendly reminder that a councillor acting independently may (though I suspect not always) not have any protection or indemnisation from the council, or their insurers, would have been more appropriate.

And isn't his job title - "Director - Democracy, Planning and Public Protection" - nicely Orwellian?

And isn't his job title - "Director - Democracy, Planning and Public Protection" - nicely Orwellian?

NR phoned me late yesterday afternoon - they hope to have all the overgrown vegetation on Approach Road cleared by close of play on Tuesday.