HL Deb 14 December 1978 vol 397 cc840-1WA
Lord BARNBY

asked Her Majesty's Government:

Whether, when dead elm trees stand in close proximity to public rights of way or recognised passages so establishing a possible hazard to pedestrians, obligation lies on the public authority concerned to cut down and remove them.

Baroness BIRK

The responsibility for removing trees when they become dangerous rests on the owner or occupier of the land on which the trees stand. Highway and local authorities have powers under Section 10 of the Highways (Miscellaneous Provisions) Act 1961 and Section 23 of the Local Government (Miscellaneous Provisions) Act 1976 respectively to take action on dangerous trees in certain circumstances, but these are not statutory obligations.