Edmund
As far as I know there is no formal mechanism - probably no legal mechanism
either - for recuperating money spent on emergency clearance.
As mentioned elsewhere, Highways Act Section 154 gives powers to serve
Notices and then undertake works, and charge the owner, if they default -
but to do that you need to go through the full process - serve the notices
and wait the appropriate period etc - which is a fat lot of help if the tree
is lying across a road. The Highway authority has a duty to ensure the
highway is free of obstruction so you could clear up, say, a fallen tree
without the permission of the owner - but there is no obligation for them to
pay up afterwards.
However, if the tree hasn't fallen but is seriously swaying, the Highways
Act doesn't help - you have to wait for the Notice to expire - and hope it
doesn't fall over in the meantime.
You can use the Misc Prov Act adjacent to the Highway - but it only helps if
you don't actually know the owner/occupiers name at the time of needing to
do urgent works - otherwise you are stuck with serving notices again. You
could always turn up on site with your saw and claim that the works were so
urgent you couldn't knock on the door to find out who they were - in which
case Misc Prov section 24(4) could come into play (which enables you to use
section 23(2)). Using 23(2) enables you to recharge them - when you
eventually find out who they are!
The quick way is turn up, do the work, then just send them a bill. Most
people pay.
Jerry
-----Original Message-----
From: Edmund Hopkins [mailto:edmond.hopkins@xxxxxxxxxxxxxxx.gov.uk]
Sent: 17 December 2001 09:31
To: 'uktc@xxxxxxxxx.co.uk'
Subject: charging for street work
Does any Local Authority out there routinely charge householders the cost
of tree work undertaken on the highway in respect to privately owned trees?
I mean typically storm damage requiring an emergency call out, rather than
enforcement as such. I am particularly interested in systems; How
authorisation is got from householders, what if they're not in, what if
they refuse access, how are backs covered-is it via on site written risk
assessment, or what?
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