Trees on private property overhanging and/or shading footpaths and roads are potentially dangerous, yet alarmingly this is common in the Clutha District.
Not only do trees with low and/or overhanging branches present a direct physical threat to passing
pedestrians and motorists, but those trees which shade the road surface for extended periods in winter can create an icy surface, making driving treacherous.
Council has provisions in its District Plan, including our policies on Roadside
Planting and Trees on Road Reserve in our
District Plan, and under the Local Government Act 1974,
to ensure trees do not become a danger to the general
public.
One of the major concerns is that during winter,
roads that have been shaded by trees or vegetation can
remain frozen for extended periods.
Such roads
are difficult and dangerous to drive on, and over time this
reduces the strength of the road surface causing expensive
repair costs.
Low, overhanging trees and vegetation can also cause
difficulties for people using footpaths and, in some cases,
for passing motorists.
The areas of frozen roads throughout our district, and other
problems arising from overhanging trees and vegetation,
can be greatly reduced by correct maintenance/trimming.
We are keen to work with landowners to sort out potential problems before they eventuate.
Ideally, the issue of
trees shading roads and overhanging trees is addressed at the time of
planting, rather than having to remove offending trees later.
Roadside Planting Policy
Council’s Roadside Planting Policy is in place to ensure
that roads throughout the district are maintained free of
damage caused by shading.
Under the policy, no tree or hedge may be planted to allow
it to overhang the legal roadside boundary.
The height of any tree or hedge is also limited to ensure
the road surface is not shaded between 10am and 2pm on
the shortest day of the year.
No tree, hedge, fence or similar structure is permitted if it will obstruct the
visibility of traffic at intersections or corners.
Under this policy, the control of noxious plants adjacent to
the area of trees, hedges etc. is also the responsibility of
the landowner.
A further provision, (Rule Tran.7), under Council’s District
Plan means that production forestry, amenity planting, or
shelter belt planting more than two rows deep. cannot be
planted within 10m of the legal road reserve on the eastern
or northern side of any road with a speed limit of
70km/h or more.
Single trees and shelterbelts have been excluded from this
District Plan rule to provide flexibility. However, under the
Local Government Act 1974, Council can still have any problem trees removed.
To apply for permission to plant on a road reserve visit the Roading Application Forms page.
Trees on private property
If trees on private property are potentially dangerous to the public, we will ask the owner to trim or remove them. If they do not, we may
complete any necessary work and pass the costs onto the
landowner.
Under Council policy, a tree is considered a danger to the
public when:
- The tree shades the road surface between 10am
and 2pm on the shortest day;
- It obstructs the visibility of traffic at intersections or
road corners;
- It has branches at a height less than 2m over
footpaths;
- It is of an age or condition that significant branches
or the tree may fall into a public space while in use by
the public;
- The roots are damaging footpaths, road surfaces or
utility services and removing the tree is the best long
term option.
Trees on road reserve
Council policy prevents the planting of trees, flax, or other
plants on the rural road reserve. This is due to the large
costs incurred by ratepayers where the landowner does
not trim or maintain the trees. It helps to ensure roads are
not shaded during winter and to ensure vegetation
does not impede driver visibility.
If a tree on a road reserve is creating a problem, you
can apply to us to have the tree trimmed or removed.
Council has criteria to determine whether a
tree in road reserve may be trimmed or removed and who
pays for it. When making a decision, we consider the principles outlined below:
- If the tree is not an Amenity Tree and is considered
a danger to the public, then Council will remove the
tree.
- If the tree is not an Amenity Tree but is not considered
a danger to the public, then the applicant may be able
to remove/trim the tree at their own cost. However, the
applicant must first seek approval from neighbouring property occupiers/owners.
Neighbouring property occupiers/owners are those properties with boundaries
within a 100m radius of the tree.
- If the tree is an Amenity Tree, and is considered
a danger to the public and/or affecting an existing
building, then the trimming of the tree will always be
considered as the first option.
- If the tree is an Amenity Tree, and is not considered
a danger to the public, then the application will be
declined.
The trimming or removal of trees by Council is undertaken
as funding priorities allow and depending on risk to the
public. Trimming of the trees is undertaken by Council
contractors.
Applicants may arrange the quick removal of a tree if
they are prepared to facilitate and pay for the removal
themselves and they have appropriate safety provisions in
place.
However, an applicant may not complete any trimming or
removal of a tree in road reserve without demonstrating
that the person(s) undertaking the activity has an approved
OSH Safety Plan, Traffic Management Plan and Public
Liability Insurance and have notified possible affected utility
authorities e.g. Electricity Network Operator, Telecom,
Council Water Services.
The tree shall be removed and the site made good within
two weeks of commencement unless agreed otherwise.
If you wish to apply to have a tree removed, please visit
your nearest Council office or Service Centre to fill in
an application form. Alternatively, an application form is available to be able to plant on a road reserve - visit the
Roading Application Forms page.
