Overgrown conifer needs cutting back - opinions please

Section62

KnownMaynard said:

They suggest it is a hazard for traffic but I can't really see how.

I accept that the hedge is covering part of the pavement, and that people in wheelchairs/pushchairs and with other disabilities need unobstructed access...

I think you've answered your own question.  Pedestrians count as 'traffic' too.

KnownMaynard said:

The letter from the council's 'enforcement agency' gives us 14 days to cut it back, which isn't going to happen in any case as we'd want a professional to do it and there's not much chance getting anyone booked in by then. I am not sure the extent to which they would 'enforce' the requirement?

If you contact them (in writing) and tell them you accept the need to cut the hedge back, but it will take you 'X' days more to get a contractor (where 'X' isn't much more than the original 14) then they are unlikely to take enforcement action without further correspondence with you.

The relevant legislation in this case is the Highways Act Section 154
https://www.legislation.gov.uk/ukpga/1980/66/section/154

The principal issue for you now is that having been served a notice that your hedge is a hazard, if anyone is injured or has an accident related to the hedge, you won't be able to disclaim liability on the basis you didn't realise it was dangerous. Therefore you could be at risk of having to pay substantial (possibly a 7-figure sum) damages, which your home insurance company may decline to help you with as the danger had been pointed out to you by the highway authority. (But INAL)

Note that Subsection 154(3) does give you the right to appeal to a magistrates' court. But frankly I wouldn't waste my time trying to do so.

KnownMaynard said:

Any other thoughts? Or experience of similar situations?

Lots of experience, both with overgrowing hedges/trees, and some with out of control conifers.

The only possibility, other than having a very untidy brown mess, would be if some of the branches are still thin and supple enough to be bent.  If so - with a great deal of care and patience - it is possible to bend some of the branches and tie/weave them in a way that the road-side of the hedge will eventually fill back in with green cover which can then be trimmed back in future years in the normal way.

I stress the need for care and patience - this is not something you are likely to find a professional willing to do, and even if you did, the amount you would pay is disproportionate to the worth of the hedge.

However, if for sentimental reasons you wanted to preserve the hedge you may want to experiment yourself to see if there was any hope of salvaging it using that method.  To get a better idea, google 'hedge laying' and imagine that in the vertical plane (up/down/left/right) rather than just along the length of the hedge.  It is unlikely to look pretty for the first year or so, but after that the rapid growth of conifers should mean you get a reasonable looking result.

Edit: Note, the comparison with 'hedge laying' is only in terms of the techniques of weaving and tying - don't try partially cutting branches and bending them as this won't work with conifers. Hence the importance of having thin pliable branches to work with. If the branch won't bend it needs to be cut back - although the remaining part may have a use as an attachment point for the tying.

KnownMaynard said:

I am not sure what the extend of the enforcement will be but given they have subcontracted it I am sure they will not just forget it.

I'd say it was 90% certain they are doing this as a result of a complaint from someone living nearby - and there is 0% chance of it being forgotten about now.  Once a situation is flagged as dangerous in the authority's system it will trigger reminders that action is needed, until the system is updated to say the situation has been safely resolved.

gozaimasu

Bendy_House said:

...whilst still demanding annual upkeep.

It won't demand annual upkeep from the roadside because it won't grow back. It would only require trimming on the inside of the property, which would they would be doing anyway to keep their garden looking nice.

Bendy_House said:

I wouldn't be trying to find out which, if any, neighbour 'shopped' you, and certainly not asking to borrow anyone's green bins! There's a good chance it was reported by a member of the public, but most likely just someone who uses - who would like to use - that path. And they were right to.

Depends on the relationship with ones' neighbours. General chit chat "hi, what do you think of this conifer, do you like the conifer, etc?" It's a sad world where neighbours can't help each other out. I don't like one of mine, but if their bin is full and mine is half empty then why would I deny them a request to fill the space on the day before bin collection day? Only to be a nasty spiteful person. Which, you are right, most people are. Oh well.