TRANSPORT AND TECHNICAL SERVICES
COMITÉ DES CONNÉTABLES - GREEN PAPER ON DATES FOR VISITES DU BRANCHAGE AND HEIGHT OF BRANCHAGE
COMMENTS ON ISSUES RAISED
Purpose of the Report
To consider the issues raised in the Green Paper published by the Comité des Connétables in October 2007, on the requirements of Articles 41 – 48 of the Loi (1914) sur la Voirie.
Background
The Loi (1914) sur la Voirie requires occupiers of land to trim hedges and branches and to cut all overhanging trees, to maintain a clearance of 12 feet over roads and 8 feet over footways and to remove any other encroachments on the public highway (Article 41). This is to ensure the safety of both vehicular and pedestrian road users. The law does not apply to private roads and footpaths.
The Loi requires a Visite du Branchage to be held in each Parish during the first fifteen days of July and of September (Article 41). This Visite is to ensure that roads and footpaths are passable and the occupiers have trimmed the branchage.
The Comité des Connétables is reviewing whether the current provisions for the branchage remains fit for purpose and is requesting the views of the Minister for Transport and Technical Services on certain issues.
Discussion
Representatives from various parts of the Department met to discuss the issues raised and provide advice on appropriate responses.
1. Is the existing law (Visite in July and September with the ability to order impediments and branchage to be removed at any time if necessary) adequate to ensure that roads and footpaths are passable;
Under Article 45 of the Loi (1914) sur la Voirie, it is the duty of each Connétable, “en tout temps”, to order that all branches which constitute a nuisance and all obstructions such as mud and other nuisances be removed from public roads in the relevant parish. To the public eye, this duty is seldom evident.
Contrary to that stated in the Green Paper, there does not appear to be the power in Articles 41 – 48 of the law to have the work carried out and to recover the cost thereof without reverting to the Royal Court.
The main concern is the safety and convenience of pedestrians. Footways (pavements) can be impassable for weeks prior to the Visites. Footways, particularly outside the built up areas, tend to be narrow and very quickly become hazardous for pedestrians. It is policy to encourage more people to use buses and walk to school, etc, yet for many weeks during the year, parents with children in buggies, students and anyone else wishing to avail themselves of the relative safety of the public footway, find their way blocked by overgrown banques and hedges bristling with nettles and thorny stems. Pedestrians resort to walking in the road, putting themselves in danger, rather than being scratched, stung or soaked by the vegetation.
The overgrown banques and hedges also compromise street cleaning operations. Street cleaning is almost entirely a mechanised operation requiring the mechanical brush to reach to the back of the footway or edge of the roadway. Invariably, the operation and level of cleanliness is compromised by the overgrown vegetation.
Visibility at some junctions can also give problems for pedestrians and motorists when vegetation blocks the view of oncoming traffic.
Trees, banques and hedges can, over the years, encroach on the highway (certain walls may also lean towards the highway). It is important that the edge of the road and/or footway is established and the heights stated in the law met, “et cela sur toute la largeur desdits chemins”, (on the whole width of such roads) so that the full width of footway and road is available to pedestrian, horse and vehicular traffic.
Responses:-
- Frequent inspection and more rigorous enforcement of keeping footways and visibility splays clear of obstruction is necessary to improve safety.
- To minimise any potential impact on wildlife and tender plants, consideration should be given to the manner in which additional trims are carried out.
- If necessary amend the law to ensure that the power is there to have the work carried out and recover the costs thereof.
- The full width of footway and road should be available to pedestrian, horse and vehicular traffic.
2. Should the dates for the Visites be brought forward and, if so, what should be the range of dates?
Subject to the comments in 1 above, on the Connétables addressing their duty in Article 45 of the law, the consensus is that the dates for the Visites remain appropriate. July suits the Parks and Gardens section who will have completed the summer bedding tasks and can then attend to the branchage. Due to the breadth of duties and restrictions on resources, there would be no advantage to the rest of the Municipals directorate in changing the dates.
Response:-
- The current dates for the Visites remain appropriate.
3. Is the existing height over roads (12 feet) adequate or should it be increased and, if so, to what height?
As noted in the Green Paper, many vehicles that travel along the roads in Jersey are over 12 feet high. Vehicles tend to be built to international standards which, in turn, can limit the availability of vehicles that suit Jersey’s roads and laws.
Article 77 of the Road Traffic (Jersey) Law 1956 authorises the Minister to make provision (by Order) as to the use of motor vehicles and trailers on roads including their width, height and length. While it is the intention to review the legislation that currently applies to the sizes and weights of vehicles allowed to circulate on Jersey’s roads, it is the case that there is already a significant number of vehicles operating in Jersey that will exceed 12 feet in height. It is impractical to exclude these vehicles which include removal lorries, container lorries, refrigerated lorries, curtain sided lorries, skip lorries, low loaders with excavators and certain agricultural plant. Many of these vehicles can circulate without the requirement for a P30 permit as they comply with width and length restrictions. There is no readily available inventory of the number and types of vehicle circulating in Jersey that exceed 12 feet in height. It would also be necessary to monitor and enforce restrictions on visiting vehicles to the Island that exceed 12 feet in height.
Only one type of vehicle has a height restriction stated in the Motor Traffic (Construction and Use) (Jersey) Order 1998. Article 7 of the Order states that a bus is limited to a height of 4.57m (15 feet). Article 8 of the same Order requires that particular vehicles such as skip lorries, container lorries and engineering plant where the travelling height of the vehicle is greater than 3.66 metres (12 feet), a sign indicating the travelling height of the vehicle should be prominently displayed in the driver’s cab. Should there be changes to the Loi (1914) sur la Voirie, it may be necessary to consider changes to relevant parts of the Road Traffic (Jersey) Law 1956 and its subordinate legislation. This could include stating a maximum height for a bus that would preclude the use of any double decker bus in Jersey.
These vehicles will mostly use main roads to travel around the Island. As a result, many of the main roads will have a canopy that is already trimmed to around 14 feet above much of the highway due to container lorries and the like trimming branches as they pass. It also means that some larger branches will have been damaged and could cause a hazard to other road users should the branch in question suddenly break in the wind and fall onto the highway or any unsuspecting road user passing at the time.
Responses:-
- The existing height over main roads (12 feet) is inadequate due to the number and height of vehicles using these roads.
- The branchage height should be raised to 14 feet above the carriageway.
- The height above footways should remain at 8 feet.
4. If increased, should the height be raised for both main roads and Parish byroads?
It is understood that at some time in the past, there was a difference between main roads and by-roads whereby the height over main roads was 12 feet and that over by-roads was 10 feet.
There is an argument that a similar differentiation would be appropriate. However, there is an argument that not all main roads should be trimmed to a height of 14 feet. There will be some main roads that are not used to any extent by large vehicles and so the trimmed height could remain at 12 feet. Similarly, there may be the occasional by-road that is travelled relatively frequently by large vehicles and where the branchage height should be 14 feet. It is suggested, therefore, that the branchage height over the carriageway of “strategic roads” should be set at just over 14 feet (4.3m) and that of other roads at 12 feet (3.66m). It would be for the highway authority to decide whether the road was a “strategic road”.
Responses:-
- The height should be raised to 4.3 metres over strategic roads (which will mostly be main roads).
- The height should remain at 3.66 metres (12 feet) on by-roads unless the road is considered to be a strategic road by the highway authority.
- The height should remain at 3.66 metres on those main roads that are not considered by the Minister to be strategic roads.
5. Should the owner be held responsible for the branchage where a property consists of a block of flats or is owned by flying freehold etc?
Response:-
6. Should there be a greater tolerance for flowers and flowering shrubs on aesthetic grounds?
The problems outlined for pedestrians and visibility splays in 1. caused by flowers and flowering shrubs will be similar to that for other overgrown banques and hedges.
Response:-
- There should be no tolerance for flowers or flowering shrubs where rigorous enforcement of keeping footways and visibility splays clear of obstruction is necessary in the interests of safety.
7. Comments are invited on debris left on roads/footpaths and fines.
Debris left on the roads following a branchage creates hazards for road users, particularly pedestrians and those on two wheels. The debris can also create problems and additional work for those maintaining the Island’s drainage system (at times of moderate to heavy rainfall, it can add to the hazards for road users too by creating pools of standing water and difficult surfaces).
While it is appreciated that the method and manner used to complete a branchage can make it difficult for clearing up the debris to take place immediately after the trimming is done, trimming and clearing up should be done as one operation, wherever practicable. This will not only reduce the likelihood of unnecessary hazards to road users and potential impact on the Island’s drainage system but should reduce disputes resulting from cuttings encroaching onto nearby property. To this end, it would assist major land-owners/occupiers and the States highway authority if the dates chosen for the Visites by the individual parishes were arranged methodically so that the occupiers and highway authority could allocate resources more efficiently. For example, the Visites are arranged so that they progress from east to west across the Island in 2 or 3 adjacent parishes each day.
Response:-
- Wherever practicable, trimming and clearing up should be done as one operation.
- To assist major land-owners/occupiers and the States highway authority, the dates of the Visites should be chosen so that each day, 2/3 adjacent parishes have their Visite.
8. Comments are invited as to whether the Visites du Branchage should include identifying fields/land where there are injurious weeds.
The Weeds (Jersey) Law 1961 seeks to prevent the spreading of injurious weeds. It does this by enabling the Minister for Planning and Environment to serve a notice on the occupier of land specifying the action to be taken by the occupier to prevent certain weeds from spreading.
If feasible, it would be sensible that during the Visite, any fields or land with dangerous weeds should be identified and the Environment Department informed accordingly so that the appropriate action can be taken.
Response:-
- During the Visite, any fields or land along the route with dangerous weeds should be identified and the Environment Department informed accordingly.
9. Comments are invited on the proposal to clarify the position relating to the relief.
This is already dealt with in 1. above.
- Other
As part of the Visite, dead, dying and/or dangerous trees should be identified and notified as a nuisance to be addressed within a suitable timeframe, by the owner/occupier of the land. Staff from Transport and Technical Services would be able to assist if there were any doubts about the condition of a particular tree.
Recommendation
The Minister is asked to approve the responses and comments.
Reason(s) for Decision
To respond to a request from the Comité des Connétables.
Action Required
Advise the Comité des Connetables of this decision.
Written by: | Alan Muir, Head of Driver and Vehicle Standards |
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Approved by: | Caroline Anderson, Director of Transport |
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Endorsed by: | David St George, Manager – Traffic Policy Ross Goodricke, Assistant Manager – Municipals Derek Noble, Manager – Parks and Gardens Martin Gautier – Fleet Manager |
ASM
13 December 2007
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