Thank you for all the info - I'll see if I can e-mail it to next door.
No fears re. the line - it's about 15m away, about 8m higher up and the branches are at 90 deg. to the line. It would be a rather serious mistake to block the West Coast main line!
Access isn't easy from this side, as it's over a stream that has about a
1.5m bank this side (it's a low bank on the other side).
This is a 'protected' sweet chestnut, but, according to Network Rail, it's permissible to cut it if it poses a danger to people/property.
Then it is not "on or near the line" and no Personal Track Safety competency is required but if work takes place on NR land a "Safe System of Work must be in place and approved by NR.
AJH
I'd check on the interpretation of posing a danger. It would become the landowner's responsibility to take action not the neighbour but the neighbour could apply for permission to cut back to boundary which would normally be refused if the tree is subject of a preservation order.
AJH
np
Quite. Daughters ex is a Tree Surgeon and now Arb Trainer and did some work with / for BR. All the stuff you read about re what they require (as this wasn't actually anywhere near the line / HV cables) was true. Safety meetings with all involved at the beginning of the day / shift / job, the right colour and type of HiViz to be worn at all times, the correct grade of PPE to be worn and copies of relevant certificates to be presented etc.
I think with the likes of the railways (or roads / airports etc) the onus / assumption is that *everything* you do that involves *anything* to do with them and their property has to be done by the book+.
That's not to say you can't 'get away' with all sorts of stuff, it's just you probably don't what to be that person when you don't.
Cheers, T i m
p.s. Nephew is taking his Air Traffic Controllers exams and was saying how quickly people in those roles get suspended 'Pending investigation' even when something was seen to have not been done to book, let alone went wrong etc. If everything turns out to be 'ok' you get reinstated and at the other end of the scale you could in up in the clink. ;-(
Simplest would be to obtain a tree surgeon's report that the overhanging branches posed a danger. Perhaps the same person as is hired to remove them. Saying the whole tree posed a danger might involve one in a pointless dispute with the tree's owner.
It will all be done from outside BR's fence and out of sight of the road, so a good chance of 'getting away' with it ;-)
Well, if the biggest bough comes down it'll smash through the house, no trouble! There's no difference between it eventually falling and it being cut off, except that there'll be less damage to the tree if it's cut.
Good point, thanks.
That possibility does not mean the hazard is imminent and a 5 day notice would be required by the LA in any case. AJH
Indeed it does as witness every few months or so someone gets in a near miss with a train...
Nope, not a good thing arguing with a few hundred tons of fast moving metal:(..
Sorry - top posting to save scrolling.
Spoke to neighbour today. He's had a chap from Network Rail come to look at the trees. Full agreement that they need cutting bak /and/ that they're NR's responsibility. One might have to be taken right down as it appears to have some rot in the centre. Also, there's an area that we know was BRs once - it was rented by a local man for hens - and that hasn't been fenced, so if kids get in and are injured in some way... Seems that the original 'advice' from NR was BS - apprently the original contact is well known for wriggling out of doing anything.
I'll pass on pertinent advice from this thread by e-mail so that it's available to him. I'll also give any 'interesting' updates.
Thanks all.
Well, after NR had been for the second time and agreed that Something Must Be Done, 2 or 3 men turned up and took down the entire bough and some other bits, including from adjacent trees. From what next dorr said, a lot more might need doing so possibly they'll be back after the leaves have fallen. At least there aren't a few tons of wood hanging over his property.
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