Tree interfering with street light and telephone lines

A tree outside 6 Hurstville Drive, Waterlooville is interfering with a number of telephone wires strung from a telegraph pole, and a street light (3).

This is a practical example of a tree too close the carriageway. The tree is less than 12 feet from the centre of the made-up carriageway.

The attached image is old and the tree has grown since.

Recently the constituency MP was reminded in a letter from Richard Holden, Minister for Roads and Transport, that Section 96(6) of The Highways Act 1980 states:

"(6)No tree, shrub, grass verge, guard or fence shall be planted, laid out or erected under this section, or, if planted, laid out or erected under this section, allowed to remain, in such a situation as to hinder the reasonable use of the highway by any person entitled to use it, or so as to be a nuisance or injurious to the owner or occupier of premises adjacent to the highway."

A tree which causes damage to telephone lines serving nearby residences and blocks illuminance from a street light is a nuisance and can be injurious to owners and occupiers of premises adjacent to the highway.

Such interference is one of the reasons the 15 feet rule was encompassed in primary statute and has remained in primary statute continually for over 187 years.

Blocking of light can be construed as hindering the reasonable use of the highway by any person entitled to use it.

In accordance with Section 96(6) the tree should not be allowed to remain, in such a situation.