Damage caused by tree roots on roads (FOI)

​Request

​Discussions are taking place with Parish Authorities about tree roots allegedly responsible for damage to roads.

A

Whilst it is normal practice for the landowner of the tree to be responsible for any damage caused, please advise of any situations in Jersey where the authorities have accepted responsibility for work that is required to make the road safe?

B

Certain roads have been badly made (certainly not to current standards) a very long time ago as country lanes and are now subjected to continuous use by motor vehicles including heavy lorries.  Please asdvise if the authorities in Jersey have taken a view that it is important not to impose unreasonably high standards where trees are generally regarded as a good thing by the public. In other words, is there any evidence that they have paid or contributed to remedial work to be carried out at public expense.

C

It is accepted that each Parish has a duty to maintain safety and that a solution needs to be found for that? However, this request for information is specifically about whether a tree is fully to blame where there is an inadequately made road. 

D

Pleae confirm that to achieve a sensible balance between private and public interests, the authorities have made reasonable allowances for the existence of trees and have accepted some responsibility.

Response

A 

The Government of Jersey would normally seek to enforce the various legal instruments and hold landowners responsible for their liabilities.  However, the Government of Jersey has taken action to make a road safe where ownership and / or liability cannot be proven. 

It should be noted that information in relation to Parish roads is not held by the Government of Jersey, therefore, Article 10 of the Freedom of Information (Jersey) Law 2011 applies, however, it may be held by the parishes. Details of how to send an information request in writing to them are shown at the end of this response. 

B

This part of the request poses a question rather than seeking information held in a recorded form. This information is not held therefore Article 10 of the Freedom of Information (Jersey) Law 2011 applies.

C

The Government of Jersey does not hold the requested information regarding Parish roads therefore Article 10 of the Freedom of Information (Jersey) Law 2011 applies.  Details of how to send an information request in writing to them are shown at the end of this response. ​

D

The Government of Jersey considers any damage or potential damage to the highway on a case by case basis and will attempt to engage directly with the landowners when possible to ensure landowners take responsibility for their liabilities.

Article applied

Article 10 - Obligation of scheduled public authority to confirm or deny holding Information

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information, it must inform the applicant accordingly.

Parish contact details:

FOI@comite.je

​Or by post to:

Parish FOI, East Wing, RJA & HS, Trinity, JE3 5JP

You can also find out more about making an FOI request to the parishes at:

How to Make an FOI Request | Comité des Connétables (comite.je)​