Ash Dieback Felling: Highways Act Section 154 Notices

Ash dieback disease has become one of the most pressing environmental challenges facing the UK, with millions of ash trees now affected across the country. When diseased trees pose a risk to public highways, property owners may receive a Section 154 notice under the Highways Act 1980, requiring immediate action. Understanding these legal obligations and the proper response procedures is crucial for landowners, as failure to comply can result in prosecution, substantial fines, and liability for any accidents or damage caused by falling trees or branches.

Understanding Ash Dieback Disease

Ash dieback, caused by the fungus Hymenoscyphus fraxineus, has spread rapidly throughout Britain since its first confirmed case in 2012. This devastating disease affects ash trees of all ages, causing leaf loss, crown dieback, and ultimately tree death in most cases.

Key symptoms to identify include:

• Dark patches on leaves during summer months
• Wilting and blackening of leaves
• Diamond-shaped lesions on bark
• Epicormic growth (shoots from the trunk)
• Progressive crown dieback from the top downwards

The Forestry Commission estimates that up to 80% of ash trees across the UK will be severely affected or killed by the disease. In areas such as Kent, Norfolk, and Suffolk, where the disease first took hold, mortality rates have already exceeded 70%. This widespread impact has created unprecedented challenges for local authorities, highways agencies, and property owners responsible for tree safety.

What Is a Section 154 Notice?

A Section 154 notice is a legal document issued by highway authorities when trees or hedges on private land pose a danger to road users or obstruct the highway. Under the Highways Act 1980, local authorities have statutory powers to require landowners to remove or make safe any vegetation that threatens public safety.

The notice typically requires property owners to:

• Remove dead, dying, or dangerous trees within a specified timeframe
• Cut back overhanging branches obstructing sightlines or road signs
• Clear vegetation blocking footpaths or carriageways
• Ensure no further danger arises from remaining vegetation

Timeframes for compliance usually range from 14 to 28 days, depending on the severity of the risk. In cases of imminent danger, authorities may issue emergency notices requiring action within 24 hours. Recipients must take these notices seriously, as highway authorities can prosecute non-compliant landowners under Section 154(2) of the Act, with fines potentially reaching £1,000 plus daily penalties for continued non-compliance.

Legal Responsibilities and Liability

Property owners have a common law duty of care to ensure trees on their land do not pose risks to others. This responsibility extends to all trees within property boundaries, regardless of who planted them or how long they’ve been there.

Key Legal Obligations

Under UK law, landowners must:

• Regularly inspect trees for signs of disease or structural defects
• Maintain appropriate records of inspections and remedial work
• Take prompt action when hazards are identified
• Ensure work is carried out by competent professionals

Failure to address ash dieback in trees near highways can result in both criminal and civil liability. If a diseased tree causes injury or damage, owners may face personal injury claims, property damage compensation, and potential manslaughter charges in cases of fatality. Insurance companies increasingly scrutinise whether property owners have fulfilled their duty of care, and policies may be invalidated if negligence is proven.

Statutory Defence

The Occupiers’ Liability Acts of 1957 and 1984 provide some protection if landowners can demonstrate they took reasonable steps to identify and address risks. Maintaining inspection records, commissioning professional surveys, and promptly addressing identified hazards can provide crucial legal defence.

The Tree Felling Process

Responding to a Section 154 notice requires careful planning and professional execution, particularly when dealing with ash dieback-affected trees near highways.

Initial Assessment

Upon receiving a notice, immediately arrange for a qualified arboricultural consultant to assess the specified trees. This assessment should determine:

• The extent of ash dieback infection
• Structural stability of affected trees
• Proximity to highways, utilities, and structures
• Required traffic management measures
• Potential for retention with remedial pruning

Planning and Permissions

Before commencing work, verify whether trees are protected by Tree Preservation Orders (TPOs) or located within Conservation Areas. Even with a Section 154 notice, you may need additional permissions. Contact your local planning authority immediately, as emergency provisions under TPO regulations may apply when trees pose imminent danger.

Professional Felling Operations

Ash dieback felling near highways requires specialist contractors with appropriate qualifications, insurance, and traffic management capabilities. Essential considerations include:

• NPTC or Lantra certification for chainsaw operatives
• Public liability insurance minimum £5 million
• Chapter 8 traffic management accreditation
• Risk assessments and method statements
• Coordination with highways authorities for road closures

Cost Implications and Financial Support

The financial burden of ash dieback felling can be substantial, particularly for owners of multiple affected trees or woodland areas.

Typical Felling Costs

Professional tree removal costs vary significantly based on location, accessibility, and complexity:

• Small ash trees (under 10m): £400-£800
• Medium trees (10-20m): £800-£1,500
• Large trees (over 20m): £1,500-£3,000+
• Traffic management: £500-£2,000 per day
• Stump grinding: £80-£400 per stump
• Timber disposal: £50-£150 per tonne

Properties in London and the South East typically face costs 20-30% higher than Northern regions. Rural locations in Scotland, Wales, and Northern England may incur additional charges for equipment transport and accommodation.

Available Grants and Support

Several funding streams exist to help manage ash dieback costs:

• Countryside Stewardship grants for woodland management
• Tree Health Pilot Scheme in specific regions
• Local authority discretionary funds
• Woodland Trust emergency assistance programmes

The Forestry Commission’s Woodland Improvement Grant can provide up to £1,800 per hectare for felling and replanting operations, whilst the England Woodland Creation Offer supports restoration with grants reaching £10,200 per hectare in some circumstances.

Working with Authorities and Contractors

Effective communication with highway authorities and selection of appropriate contractors are crucial for successful compliance with Section 154 notices.

Engaging with Highway Authorities

Upon receiving a notice, contact the issuing authority immediately to:

• Confirm receipt and understanding of requirements
• Discuss timeframes if extensions are needed
• Clarify specific trees or areas of concern
• Arrange site meetings if specifications are unclear
• Submit proposed work schedules and traffic management plans

Most authorities prefer cooperative approaches and will consider reasonable requests for deadline extensions when contractors are being arranged or complex permissions are required.

Selecting Qualified Contractors

Choose contractors with demonstrable experience in highways work and ash dieback management. Essential credentials include:

• Arboricultural Association Approved Contractor status
• Valid industry qualifications and continuous professional development
• Comprehensive insurance including professional indemnity
• Health and Safety Executive compliance records
• References from similar highways projects

Obtain minimum three quotations, ensuring all include traffic management, waste disposal, and necessary permissions. Beware of significantly low quotes that may indicate inadequate insurance or non-compliance with regulations.

Prevention and Long-term Management

Whilst ash dieback cannot be cured, proactive management can reduce the likelihood of receiving Section 154 notices and minimise future costs.

Regular Monitoring Programme

Establish a formal inspection regime for ash trees on your property:

• Annual professional surveys for high-risk trees near boundaries
• Bi-annual visual checks by property owners
• Post-storm inspections for damage assessment
• Photographic documentation of tree conditions
• Written records of all inspections and actions taken

Strategic Replacement Planning

Consider phased replacement of ash trees before they become hazardous. Suitable native alternatives include:

• Oak (Quercus robur) for large spaces
• Field maple (Acer campestre) for smaller gardens
• Wild cherry (Prunus avium) for spring interest
• Small-leaved lime (Tilia cordata) for urban environments
• Hornbeam (Carpinus betulus) for hedging and screening

The Woodland Trust and Royal Horticultural Society provide detailed guidance on species selection based on soil conditions, climate projections, and local biodiversity objectives.

Conclusion

Section 154 notices relating to ash dieback represent serious legal obligations that property owners must address promptly and professionally. The combination of disease severity, highway safety concerns, and potential liability creates a complex situation requiring expert guidance and careful management. By understanding legal responsibilities, engaging qualified professionals, and maintaining proactive management strategies, property owners can navigate these challenges whilst minimising risks and costs. As ash dieback continues to affect trees across the UK, staying informed about evolving regulations, support schemes, and best practices remains essential for responsible land management and legal compliance.