Ash Dieback Felling: Highways Act Section 154 Notices

Ash dieback disease has become one of the most pressing tree health concerns across the UK, affecting millions of ash trees from Cornwall to the Scottish Highlands. When diseased ash trees pose a risk to public highways, property owners may receive a Section 154 notice under the Highways Act 1980, requiring urgent 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 resulting accidents or damage.

Understanding Ash Dieback Disease

Ash dieback, caused by the fungus Hymenoscyphus fraxineus, has devastated ash populations throughout Britain since its first confirmed case in 2012. The disease spreads through windborne spores and affects trees of all ages, though young trees typically succumb more quickly than mature specimens.

Key symptoms to identify include:

• Diamond-shaped lesions on the bark
• Wilting and blackening of leaves
• Crown dieback starting from the tips
• Epicormic growth (shoots from the trunk)
• Loss of structural integrity in branches

The Forestry Commission estimates that the UK could lose up to 80% of its ash trees, with the disease now present in virtually every county. Infected trees become increasingly brittle and prone to sudden limb failure, creating significant hazards near roads, footpaths, and properties.

What is a Highways Act Section 154 Notice?

Section 154 of the Highways Act 1980 empowers local authorities to require landowners to remove or make safe any tree that poses a danger to highway users. This includes trees affected by ash dieback that overhang or stand adjacent to public roads.

The notice typically requires you to:

• Remove dead, dying, or dangerous trees within a specified timeframe
• Cut back overhanging branches that could fall onto the highway
• Ensure remaining trees are regularly inspected and maintained
• Provide evidence of completed works to the highway authority

These notices are legally binding, and recipients generally have 14 to 28 days to complete the required works, though emergency situations may demand immediate action.

Legal Responsibilities and Compliance

As a landowner, you have a common law duty of care to ensure trees on your property don’t pose risks to others. When served with a Section 154 notice, this duty becomes a statutory obligation with serious consequences for non-compliance.

Penalties for Non-Compliance

Failure to act on a Section 154 notice can result in:

• Prosecution with fines up to £5,000
• Daily penalties of up to £250 for continued non-compliance
• The council undertaking works and recovering costs (often substantially higher than private quotes)
• Personal liability for accidents or damage caused by the tree
• Potential invalidation of property insurance

Right to Appeal

You can appeal a Section 154 notice to the magistrates’ court within 21 days if you believe it’s unreasonable or incorrectly served. However, appeals rarely succeed unless you can demonstrate the tree poses no danger or isn’t your responsibility. During the appeal process, you remain liable for any incidents involving the tree.

Professional Tree Assessment and Surveys

Before undertaking any felling work, it’s essential to obtain a professional arboricultural assessment. Qualified tree surgeons can provide detailed reports that satisfy local authority requirements whilst ensuring compliance with other regulations.

A comprehensive tree survey should include:

• Visual Tree Assessment (VTA) following industry standards
• Identification of ash dieback severity using established scoring systems
• Risk assessment considering target zones and failure probability
• Recommendations for remedial action or removal
• Photographic evidence and detailed mapping

Professional assessments typically cost between £150-£500 depending on the number of trees and site complexity. Many councils in areas like Kent, Surrey, and Hampshire, where ash dieback is particularly prevalent, will accept these reports as evidence of responsible management.

Tree Felling Process and Costs

Once a Section 154 notice is received, engaging qualified tree surgeons promptly is crucial. The felling process for ash dieback trees requires special considerations due to the wood’s increased brittleness.

Safety Considerations

Diseased ash trees present unique hazards:

• Sudden branch failure without warning
• Unpredictable stem collapse
• Increased risk when using climbing techniques
• Need for exclusion zones and traffic management

Typical Costs

Tree removal costs vary significantly based on size, location, and access:

• Small ash tree (up to 8m): £400-£750
• Medium ash tree (8-15m): £750-£1,500
• Large ash tree (over 15m): £1,500-£3,000+
• Stump grinding: additional £100-£500
• Traffic management (if required): £500-£2,000 per day

Costs increase substantially for trees near highways due to traffic management requirements and additional insurance needs. Work in urban areas like Birmingham, Manchester, or Leeds often commands premium rates due to access constraints.

Environmental and Replanting Considerations

Whilst ash dieback necessitates widespread felling, environmental responsibilities remain paramount. The loss of ash trees significantly impacts biodiversity, with over 1,000 species depending on ash habitats.

Wildlife Regulations

Before felling, consider:

• Nesting bird restrictions (March to August)
• Protected species surveys for bats
• European Protected Species licences if required
• Consultation with local wildlife groups

Replanting Schemes

Many councils encourage replanting with resistant species. The Woodland Trust and other organisations offer guidance on suitable alternatives:

• Oak (Quercus robur)
• Field maple (Acer campestre)
• Small-leaved lime (Tilia cordata)
• Wild cherry (Prunus avium)
• Hornbeam (Carpinus betulus)

Some local authorities offer grants or reduced-cost saplings through schemes like the Urban Tree Challenge Fund, particularly in areas like Yorkshire and the North East where ash populations are significant.

Insurance and Financial Support

The financial burden of ash dieback management can be substantial, particularly for owners of large estates or multiple properties. Understanding available support and insurance implications is essential.

Insurance Coverage

Most standard property insurance policies don’t cover tree diseases or removal costs. However, they may cover:

• Damage caused by falling diseased trees
• Third-party liability claims
• Emergency tree work following storms

Specialist woodland insurance may provide broader coverage but typically excludes pre-existing conditions like ash dieback.

Available Grants

Several funding streams exist for ash dieback management:

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

Grant availability varies by region, with areas like Devon, Cumbria, and Wales often having dedicated funding due to high ash populations.

Working with Authorities and Neighbours

Effective communication with highway authorities and neighbours can significantly smooth the process of dealing with Section 154 notices.

Engaging with Highway Authorities

Best practices include:

• Responding promptly to initial notices
• Providing regular updates on planned works
• Submitting professional reports and risk assessments
• Requesting reasonable extensions if needed
• Maintaining records of all correspondence

Neighbour Consultation

When trees affect boundaries or neighbouring properties:

• Inform neighbours of planned works in writing
• Share professional assessment reports
• Coordinate access arrangements
• Agree on disposal of timber and debris
• Consider shared costs for boundary trees

Conclusion

Receiving a Section 154 notice for ash dieback affected trees requires prompt, professional action. Whilst the legal obligations are clear and penalties for non-compliance severe, proper management can minimise costs and ensure public safety. Engaging qualified arboricultural professionals early, maintaining open communication with authorities, and exploring available financial support can help navigate this challenging situation. As ash dieback continues to spread across Britain, proactive management and compliance with highway safety requirements remain essential responsibilities for all landowners. The key is to act swiftly, seek professional guidance, and maintain comprehensive documentation throughout the process.