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I was hoping someone may be able to help or been in a similar situation.
I moved into my property In september. It backs onto a railway line.
There is a huge tree with many many branchs overhanging into the garden. Some are so long that they take up half the garden.
I contact Network Rail in May and they advised an inspector would have a look. Nothing was heard bu August so I gave them a call. I was advised that as there was no danger to the railway line they would not cut the branchs back.
I queried this and they sent someone out for a second inspection. I found out today that they still wont do anything about it.
Im aware by law I can cut back what overhangs and throw it back over, the problem being the branchs are so high up I wouldnt be able to do it myself.
I advised network rail of this and they stated of I was going to hire someone in, I would have to apply for permission for them to enter railtrack property.
Where do I stand? Am I going to have to foot a very large bill in relation to hiring someone in? Or is it uptoi network rails as its their tree?
There is no proection order on the tree, I checked with the council.
I would have thought as it is their tree that they should be liable for keeping it in check just because the bits are overhanging your garden does not make it your responsibility as after all if they need to get to the tree they will need to be able to enter Network Rails property.
John Armitt CBE is Chief Executive of Network Rail. A civil engineer by training, he was previously Chief Executive of Costain Group and Union Railways.
Contact the public relations team for Network Rail in your area (PM me if you need to find out who these are). Advise them of the problem and your concerns.
If you get no joy from them, use the emails shown in the format first name.last name@networkrail.co.uk They will probably just push you into the PR team for your area anyway, but it will be given a greater priority than if you contact them direct.
In large organisations like this, the best way to deal with these is to use your local MP or Councillor. I know it sounds like overkill, but a complaint from the Genereal Public is on a fairly low priority while a VIP letter is treated with the utmost urgency - usually a difference in timescale of 14 days. So, don't be afraid to mention it to other local officials if need be. They'll simply be relaying their constituents concerns which is what they are there for!
I would be surprised if they do not think this an issue. In H & S terms, only Sentinel Card holders (a Sentinel Card being that which certifies that rail staff have been trained to go lineside and have the right to be there) can be lineside and that includes an area 3m to the side of the railway line.
And from a PR point of view, they are p*ssing off a neighbour. And the last thing NWR needs is more bad publicity, albeit at a local level.
hehehe I didnt have a sentinel card when I was 15 and doing my work placement with them standing railside holding green and red flags and placing track detonators mwaaahahahahaha oh how things have changed in 15 years pmsl
P.M me Powerful Rogue with your name and contact details and I will pass this on to the relevant dept for you.
Halifax - £2500
Legal & Trade - Webt to courtfor Breach CCA, Complained to OFT they ruled in my favour, So did court, 2k written off.
NatWest - Contactual Interest - Won
Jeeeeeeeeeeeeez - it's not exatly a wee crab apple tree is it??!!!
Interested to hear how you got on. I deal with NWR cack all day so would be nice to hear if they can actually have a satisfactory conclusion once in a while!
Network Rail and Overhanging Tree
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