Received a section 154 notice in Deal, Walmer or Kingsdown? What to do about a hedge or tree over the pavement.
A letter from the council says a hedge or tree of yours is over the road or pavement and has to come back. Here is what to do, in order, how long you have (14 to 28 days), and what the Highways Act 1980 actually says.
On the narrow pavements of central Deal, a privet or laurel that has gone unchecked for a season is enough to push people into the road. A bus on the coast road, a pushchair on Beach Street or a streetlight swallowed by growth on the way to Walmer: those are the usual triggers. The fix is nearly always a trim or a bit of pruning, and it is cheaper and calmer if you start the day the letter lands.
Short answer: what to do if you have a section 154 notice
- Find the compliance date. The Act says 14 days from service; a notice can allow up to 28.
- Check the growth is yours. If it is a neighbour's, write to the sender straight away.
- Photograph it, then cut it back before the date. Kent County Council asks for 2.4m clear above a footway and 5.2m above the carriageway.
- Look for nesting birds, and for a protected tree, before you cut.
- Ignore it and the council can do the work and bill you. Disagree and you can appeal to a magistrates' court, so act quickly.
Send me a photo of the hedge (or the tree, and I will tell you honestly whether I can help) and the date on your notice. I will quote and prioritise your job so it is done inside your deadline. Get a quote
I am not a solicitor and this is not legal advice. It is the law as written, plus what I see on the CT14 coast. If the notice is contested or the cost is large, speak to a solicitor, and always follow the wording of the notice you were actually sent.
What do I do when a section 154 notice arrives?
The table sets out the usual situations side by side, and the steps below it go through the full order of play.
| Your situation | First move | Watch out for |
|---|---|---|
| The hedge is yours and is simply overgrown | Book the cut inside the notice period and photograph before and after. | Leaving it to the last week, when diaries are full. |
| The growth is a tree, or includes one | Check whether it is in a conservation area or under a TPO before any pruning. | A six-week notice to Dover District Council may be needed first. See the conservation-area notice guide. |
| It belongs to a neighbour or grows on land you do not own | Write to the sender at once, with photos and your title plan. | Silence. The notice stands against you until the council knows. |
| There is an active bird's nest in the stretch | Leave that section, photograph it, and agree a revised date in writing. | Cutting between 1 March and 31 August without checking first. |
| You think the notice is wrong | Contact the council promptly and take advice. | Assuming an appeal stops the clock. The section does not say it does. |
- Read it properly. Note who sent it, the date it was served, the deadline, and the exact spot it refers to. Photograph the notice itself.
- Check it is yours. The notice should go to the owner of the growth or the occupier of the land it stands on. If it is on a verge, or your neighbour's side, tell the sender in writing with evidence. My boundary ownership guide explains how to read a title plan.
- Take dated photos from the road side before anything is cut.
- Book the work inside the deadline. The Act gives 14 days from service, some notices allow up to 28. Do not wait for the last week either way.
- Check for nesting birds. A nest in use is protected under the Wildlife and Countryside Act 1981. The accepted guidance window is 1 March to 31 August, though the Act itself sets no dates. My nesting-season guide covers what to look for.
- Check for protected trees. Garden hedges are generally fine, and the Hedgerow Regulations do not apply to them. A tree in one of Deal's conservation areas, or under a tree preservation order, is different: see the conservation areas guide before pruning.
- Cut back, clear up, photograph again. Take it back far enough to stay clear after the next flush of growth, and clear every cutting off the pavement and road.
What does section 154 of the Highways Act 1980 say?
It lets a council make the owner or occupier cut back growth that spills out of private land. In plain terms:
- Overhanging growth (subsection 1). A hedge, tree or shrub overhanging a highway, or another road or footpath the public can use, so as to endanger or obstruct vehicles or pedestrians, block a driver's view, or block the light from a public lamp, can be the subject of a notice. The same goes for growth that endangers or obstructs horse riders on a highway.
- Who gets it. The owner of the hedge, tree or shrub, or the occupier of the land it grows on.
- The deadline. The notice requires the growth to be lopped or cut within 14 days of service. Notices in practice can allow up to 28, so go by the date on yours.
- Dead or dangerous growth (subsection 2). Where 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.
- Appeal (subsection 3). A person aggrieved can appeal to a magistrates' court.
- Default (subsection 4). If the notice is not complied with, the authority can do the work and recover its reasonable expenses from the person in default.
The full text is on legislation.gov.uk.
Who can send a section 154 notice in Deal?
The highway authority, and in a non-metropolitan district the district council as well. For most roads in Kent the highway authority is Kent County Council, and Deal sits in Dover District. For a road or footpath that is not a highway, the local authority for the area can act. KCC publishes its own overhanging vegetation guidance, which shows what it expects. A friendly request letter sometimes comes first. Treat that as seriously as a formal notice: it is your chance to deal with it before a deadline starts.
How much clearance should I leave?
Kent County Council's guidance 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 the council's published figures, not numbers written into the Act. If your notice gives different measurements, the notice wins.
Should I cut it myself or call someone?
Working beside a live road is not a back-garden trim. You need to keep walkers and traffic clear, use proper kit, and stay off the carriageway. On a Deal terrace pavement there is rarely room for a ladder to stand safely. KCC also warns that damage to highway vegetation while cutting can leave you liable. For tall, thorny or roadside growth I would call a contractor. My hedge reduction work covers overgrown boundaries, and for overhanging branches see tree pruning and crown reduction. Conservation-area and TPO paperwork is filed for you where it applies.
How do I stop it happening again?
Cut the road side of a hedge back to the line you want after the nesting season, and keep it there with a second light trim if the species needs one. For a hedge that has run away, renovating an overgrown hedge explains what to cut hard and what to stage. For the quiet time of year to do it, see the January and February window.
Section 154 notice questions answered
I have a section 154 notice. What do I do?
Find the compliance date, check the hedge or tree really is yours, photograph it, look for nesting birds and for a conservation-area or TPO tree, then get it cut back before the deadline and keep dated photos of the result. If the growth belongs to someone else, tell the sender in writing straight away. If you disagree with the notice, contact the council quickly and take advice, because you can appeal to a magistrates' court.
What happens if I ignore a section 154 notice?
The authority can carry out the work itself and recover its reasonable expenses from the person in default. The section does not set a fine. The practical risk is a bill for the council's contractor, which will almost certainly cost more than arranging the trim yourself.
How many days do I have to cut it back?
The Act says 14 days from the date the notice is served. Some notices allow longer, up to 28 days. Work to the date written on your notice, and do not leave it to the final week.
Who is responsible for a hedge or tree that hangs over the pavement?
The notice goes to the owner of the hedge or tree, or the occupier of the land it grows on. In a Deal terrace that is normally the householder whose front or side garden it stands in. If it belongs to a neighbour, or sits on land you do not own, say so in writing and send evidence.
Who sends these notices in Deal and Walmer?
The highway authority, which for most roads in Kent is Kent County Council. In a non-metropolitan district such as Dover the district council can act too. Where the road or path is not a highway, the local authority for the area has the power.
Can I appeal against a section 154 notice?
Yes. Someone aggrieved by the requirement may appeal to a magistrates' court. The section itself sets no appeal deadline and does not say the compliance period stops while an appeal is made, so do not assume either. Ask the authority what it expects and take advice early.
How much clearance does the council want?
Kent County Council's 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 states different measurements, follow the notice.
Can I cut it myself?
If it is yours, yes, provided you have checked for nesting birds and protected trees and can work safely beside traffic. Tall, thorny or roadside growth, and anything needing a ladder on a narrow Deal pavement, is usually better left to a contractor. Kent County Council also warns that damaging highway vegetation while you cut can leave you liable.
Do I need to tell the council once the work is finished?
Kent County Council says that if you have a letter asking you to trim, you do not have to tell them when you are done, and they check later. With a formal notice and a deadline, keep dated before-and-after photos in case you are asked.
Got a notice and a deadline?
Send me a photo of the hedge (or the tree, and I will tell you honestly whether I can help) and the date on your notice. I will quote and prioritise your job so it is done inside your deadline. I cover Deal, Walmer, Kingsdown, Mill Hill, Sholden and Upper Deal. Call 07763 100 477, message on WhatsApp, or use the contact form.