Section 154 of the Highways Act places a statutory obligation on adjacent landowners/occupiers to ensure that their hedge, tree or shrub does not endanger or obstruct highway users, nor obscures visibility including illumination from streetlights. Section 148 also requires the proper removal of parings from cutting works.

The County Council will only cut hedges in the following circumstances -

• On the inside of bends and at junctions on A and B roads to maintain visibility; (refer to the Management of Roadside Verges in Devon for more information).
• On hedges owned by the Council;
• On approaches to and around traffic signals, signs and appropriate street furniture;
• To enable work to be undertaken at the edge of the carriageway, cycleway or footway;
• To provide access to drainage easements, ditches, buddle holes, grips and channels.

Most landowners and farmers are aware of the importance of roadside hedge and trees and it is appreciated that maintenance has to be included with other farming activities. However, where a hedge or tree is causing an obstruction or restricting visibility the Council may contact the landowner/occupier concerned and request cutting. Where this is causing a safety concern a formal notice will be issued and then, if necessary, the work undertaken by the Council in default of the landowner/occupier who will be recharged the cost incurred.

All trees within falling distance of the highway are collectively termed highway trees. For the purpose of inspection and maintenance by the County Council, any tree between the highway boundaries is considered to be a highway tree maintainable at public expense. Highway trees beyond these limits are considered to be maintained by the private land owners or the land occupier.

A superficial inspection of highway trees is undertaken during highway safety inspections but this can only identify obvious defects. Additionally, an arboricultural 'expert' inspection of the highway trees on maintenance category 3 to 5 roads (with over a certain trunk diameter) is undertaken on a 3 year rolling programme. High risk sites, for example highway trees that could affect schools, are gradually being introduced into this 'expert' inspection programme. For roads maintenance category 12, no inspection is made but action will be taken upon receipt of any report concerning an unsafe tree.

It is expeted that private highway tree owners would wish to arrange for their own inspections, but these will also be undertaken by the Council on routes that are included in the Councils 'expert' inspection programme. The Council's inspections is not intended to relieve the landowners/occupiers of their obligations in this respect.