Got a section 154 notice in Dover? What to do about a hedge or tree over the road or pavement
A letter from the council says your hedge or tree is growing over a road or pavement and has to be cut back. This guide answers the questions people ask first: what to do, how long you have, what happens if you do nothing, and what the Highways Act 1980 really says.
Dover has the kind of streets where this comes up: steep pavements down towards the Dour, narrow lanes in Temple Ewell and Kearsney, and cliff-top roads where a hedge grows to the kerb. A bus mirror clips a branch or a streetlight disappears behind growth, and someone reports it. Most notices are resolved with a trim, and it is far easier if you act the week the letter arrives.
The short answer: five things to do
- Find the compliance date. The Act says 14 days from service, and notices can allow up to 28.
- Check the hedge or tree is yours. If it is on a neighbour's land, tell the sender in writing now.
- Photograph it and get it cut back in time. Kent County Council asks for 2.4m clear over a footway and 5.2m over the road.
- Check for nesting birds and for a protected tree before any cutting.
- If you ignore it, the council can do the work and bill you. If you disagree, you can appeal to a magistrates' court, so move fast.
Send us a photo of the hedge (or the tree, and we will tell you honestly whether we can help) and the date on your notice. We will quote and prioritise your job so it is done inside your deadline. Get a quote
General guidance, not legal advice
We cut hedges and prune trees for a living. This page explains the law as it is written and what we see in practice. If you dispute the notice or the cost is large, speak to a solicitor, and always work to the wording of the notice you were sent.
What do I do if I get a section 154 notice?
- Read it closely. Note the sender, the date of service, the compliance date and the exact stretch of road or path. Photograph the notice.
- Work out who owns the growth. The notice goes to the owner or occupier. If the hedge or tree is on a verge, or across your boundary, say so in writing and attach photos. Our high hedges and neighbour law guide covers the neighbour side.
- Take dated photographs from the road side before you start.
- Book the work early. The deadline is 14 days under the Act and up to 28 on some notices. Do not leave it to the final week.
- Look for nests. Nests in use are protected by the Wildlife and Countryside Act 1981. The accepted guidance window is 1 March to 31 August, though the Act sets no dates. If you find one, leave that section, photograph it and agree a new date with the sender. See the Dover hedge calendar.
- Check whether a tree is protected. Garden hedges are normally outside the Hedgerow Regulations. A tree in a conservation area or under a TPO needs permission or notice first: see the section 211 guide and how to apply for permission to prune.
- Cut back enough, then tidy up. Allow for the next flush of growth, clear all cuttings off the pavement and road, and take after photos.
What does section 154 of the Highways Act 1980 actually say?
It gives a council the power to make the owner or occupier cut back growth that spills from private land. In plain English:
- Subsection 1, overhanging growth. A hedge, tree or shrub that overhangs a highway, or another road or footpath the public can use, so that it endangers or obstructs vehicles or pedestrians, hides a driver's view or blocks the light from a public lamp, or endangers or obstructs horse riders on a highway, can attract a notice. It must be lopped or cut within 14 days of service.
- Subsection 2, dead or dangerous growth. If it is dead, diseased, damaged or insecurely rooted and likely to fall onto the road or path, a similar notice can require it to be cut or felled within 14 days.
- Subsection 3, appeal. A person aggrieved can appeal to a magistrates' court.
- Subsection 4, default. If the notice is not complied with, the authority can do the work and recover its reasonable expenses from the person in default.
Read the section on legislation.gov.uk. Notices in practice sometimes allow up to 28 days, so work to the date on yours.
Who can serve one around Dover?
The highway authority, and in a non-metropolitan district the district council too. For most roads in Kent that means Kent County Council, with Dover District Council also holding the power. For a road or footpath that is not a highway, the local authority for the area can act. KCC sets out what it expects in its overhanging vegetation guidance. A polite request letter may arrive before a formal notice. Treat both seriously.
How much has to come off?
Kent County Council asks for at least 2.4 metres (about 8ft) clear above a footway or cycle route and 5.2 metres (about 17ft) above the carriageway, with growth kept back from the road edge and away from streetlights. Those are council guidance figures, not figures in the Act, so if your notice gives other measurements, the notice comes first.
Should I do the cutting myself?
If it is a low privet by a quiet pavement, perhaps. Beside a live road it is a different job: you must protect passers-by, use the right kit and stay out of the carriageway. KCC also warns that damage done to highway vegetation while you cut can leave you liable. For tall, thorny or roadside growth we would send a crew. Our hedge reduction service handles overgrown boundaries, and for branches over a road see tree pruning and crown reduction. We prepare the conservation-area and TPO paperwork where it applies.
How do I keep it from happening again?
Trim the road face of the hedge each year after nesting finishes and hold it to the same line. If it has got away from you, our guide to renovating an overgrown hedge shows which species can take a hard cut, and our staged leylandii reduction page covers conifers that cannot.
Section 154 notice: common questions
What should I do first when a section 154 notice arrives?
Read it for the date it was served, the compliance date and the exact spot it covers, and photograph it. Then check the hedge or tree is yours, take dated photos, look for nesting birds and for a conservation-area or TPO tree, and book the work before the deadline. If the growth is not yours, write to the sender straight away.
Can I just ignore a section 154 notice?
No. If you do not comply, the authority can do the work itself and recover its reasonable expenses from the person in default. The section does not itself set a fine, but the council's bill is normally higher than the cost of a local contractor.
How long do I have, 14 days or 28?
The Act says the work must be done within 14 days of the notice being served. In practice a notice can allow up to 28 days. The date written on your notice is the one to work to, and sooner is safer.
Who has to cut a hedge or tree that overhangs the pavement?
The owner of the hedge or tree, or the occupier of the land it grows on, is the person the notice is served on. If the growth is on a neighbour's land or on land you do not own, tell the council in writing and send photos.
Which council sends these notices around Dover?
Kent County Council is the highway authority for most roads in Kent. In a non-metropolitan district like Dover, the district council has the power too, and for a road or footpath that is not a highway the local authority for the area can act.
Can I appeal a section 154 notice?
Yes: a person aggrieved can appeal to a magistrates' court. The section does not give an appeal deadline and does not say the compliance period is paused during an appeal, so do not rely on either. Speak to the council quickly and get advice.
What clearance does Kent County Council expect?
Its published guidance asks for at least 2.4 metres clear above a footway or cycle route and 5.2 metres above the carriageway, with growth kept back from the road edge and from streetlights. If your notice says something different, follow your notice.
Is it safe to do the cutting myself?
If the growth is yours and low, it can be. Check for nests first. On the steep, narrow lanes around Dover and the cliff villages, with traffic close by, tall or thorny growth is better handled by a contractor. KCC warns that damage to highway vegetation caused while cutting can leave you liable.
Do I have to tell the council when I have finished?
Kent County Council says that if you received a letter asking you to trim, you need not report back, as officers check later. If you were served a formal notice with a deadline, keep dated photos of the finished work in case you are asked.
Got a notice and a deadline?
Send us a photo of the hedge (or the tree, and we will tell you honestly whether we can help) and the date on your notice. We will quote and prioritise your job so it is done inside your deadline. We cover Dover, Buckland, Aycliffe, Kearsney, Temple Ewell, Whitfield and the White Cliffs villages. Call 07763 100 477, email hello@doverhedges.co.uk or use the contact form.