There is approximately 12km of highway on St Mary’s which are bounded by a variety of hedgerows (including hedge banks) and verges. The Highways Act 1980 (Section 154) gives local authorities, acting as the Highway Authority, the power to safeguard road users by ensuring that landowners and occupiers meet their legal responsibilities. Alongside this, the Natural Environment and Rural Communities Act 2006 (Regulation 40) requires authorities to consider biodiversity in all decision‑making, while Regulation 9 of the Conservation of Habitats and Species Regulations 2017 places a duty on all public bodies to have due regard for biodiversity conservation. Many species, including bats and nesting birds, are also protected under the Wildlife & Countryside Act 1981. As a result, the management of hedges, trees and verges must carefully balance the protection of wildlife with the need to maintain the safety of everyone using the highway.
This webpage outlines landowners/occupiers responsibilities when it comes to Hedge Maintenance, Tree Maintenance, Stone Wall Maintenance and provides Key Considerations when carrying out maintenance. A leaflet can be found at the bottom of this page detailing hedge maintenance specifically.
Always remember where possible:
Check for signs of nesting birds
Grow, Flower, Seed then Mow
Hedge Maintenance
Landowner/Occupier Responsibilities
A large proportion of the island’s highways are bordered by hedgerows. To maintain safe visibility and prevent hazards for road users, it is essential that these hedgerows do not encroach onto the highway.
It is the responsibility of the landowner or occupier to ensure that any hedges adjoining the highway are properly maintained and meet the following requirements:
- Highway boundary — Hedges must be set back 0.5 metres
- Footway boundary — Hedges must be set back 1.5 metres
- Highway height clearance — Minimum 5.2 metres above the carriageway
- Footway height clearance — Minimum 2.1 metres above the footway
- Highway Signage - Hedges must not cover any road signage
- Highway Lighting - Hedges must not cover any highway lighting
- Tight Corners/Junctions - Hedges must not obstruct visibility near a tight corner or junction.
By meeting all of these requirements the islands highways will remain safe for road users and pedestrians.
Maintenance and Safety
If a hedge becomes overgrown and no longer meets the required clearances, maintenance must be carried out. Work should be undertaken by an accredited contractor, who must consider:
- Off‑peak trimming — To minimise disruption to traffic
- Use of PPE — Ensuring safe working practices
- Appropriate signage — To warn both motorists and pedestrians
If a tractor is to be used, the following should be considered:
- Trimmer attached to the left hand side - To trim with the flow of traffic
- Flashing amber lights - To be visible to highway users
- Signage - Must be placed at either side of the section being worked upon.
If maintenance work is going to be carried out, please notify the Council beforehand by emailing highways@scilly.gov.uk, so we can coordinate any other events.
Post Maintenance Duties and Responsibilities
Once maintenance work has been carried out, it is essential that the area is returned to its original state. This means that:
- Ensure road markings remain fully visible by removing any debris.
- Ensure any drainage infrastructure is cleared of any debris.
- Ensure any equipment or signage is cleared away.
- Ensure all debris is properly disposed of by booking a slot at the waste site here.
Timing of Works
To protect the island’s biodiversity, hedge maintenance is recommended to occur between January and February to avoid the bird nesting season, scheduling work during this period helps reduce disturbance to nesting birds.
Trimming can occur outside of this time frame if:
- At a junction.
- On the inside of bends.
- Around lighting and road signs.
- Where the road has significantly narrowed.
Enforcement
During routine inspections, if the Council identifies vegetation that is overgrown or unsafe, it may take action under Section 154 of the Highways Act 1980.
The enforcement process is as follows:
- Notification to the landowner — The Council will contact the landowner or occupier to request remedial work.
- Compliance period — A reasonable timeframe will be given to complete the work.
- Council intervention — If no response is received, or the work is not completed, the Council will undertake the maintenance.
- Cost recovery — Any associated costs will be recovered from the landowner or occupier.
Please note: The Council will only request maintenance of a hedge during the bird nesting season if there is an immediate threat to highway safety.
Tree Maintenance
Trees and Tree Safety
Tree safety plays a vital role in keeping highways and footways safe for everyone. The damage caused by falling trees during Storm Goretti in January 2026 highlighted how important regular inspection and maintenance truly are. Landowners and occupiers have a legal responsibility to ensure the trees on their property are safe and properly maintained.
If you have a tree on your land, you are responsible for its upkeep. Regular maintenance helps prevent branches from falling or overhanging into public areas, reducing both safety risks and potential legal liabilities. To keep your trees in good condition, arrange routine inspections and trimming by a qualified professional. When planning any work, consider the tree’s health, its proximity to public spaces, and how pruning may affect its long‑term stability.
Height Requirements for Overhanging Trees
If a tree on your property overhangs a public highway, it must maintain a minimum clearance of 5.2 metres. For trees extending over a footpath, the minimum clearance is 2.1 metres. These standards ensure safe passage for vehicles and pedestrians.
If a routine inspection—or a report from a member of the public—identifies a tree that does not meet these requirements, the Council will request that the necessary maintenance is carried out.
Tree Health and Early Warning Signs
Identifying problems early is essential for preventing more serious issues. Regular inspections help assess a tree’s health and structural integrity. Key indicators of potential problems include:
- Peeling bark — Excessive peeling or shredding may indicate internal decay.
- Leaf abnormalities — Wilting, spotting, or sparse foliage compared with nearby trees can signal disease.
- Fungal growth — Fungus at or around the base may indicate rot and possible tree failure.
- Sudden leaning — Rapid or noticeable leaning can suggest instability or root failure.
If you suspect a tree on your land is diseased, dying, or dead, prompt action is essential:
- Consult a qualified professional — A specialist can diagnose issues and recommend appropriate steps.
- Follow recommended treatments — This may include pruning, soil improvements, pest control, or other targeted interventions.
- Arrange safe removal — If a tree cannot be saved, removal should be carried out safely by professionals or with appropriate precautions.
Timing of Works
To protect the island’s biodiversity, tree maintenance is recommended to occur between January and February to avoid the bird nesting season, scheduling work during this period helps reduce disturbance to nesting birds.
Maintenance can occur outside of this time frame if:
- At a junction.
- On the inside of bends.
- Around lighting and road signs.
- Where the road has significantly narrowed.
- Trees that have become hazardous.
Fallen Trees
If a tree falls, it should be reported to the Council of the Isles of Scilly as soon as possible to ensure public safety.
When a fallen tree blocks a public highway or footway, the Council will act quickly—placing warning signs, redirecting traffic, or temporarily closing the area until it is safe.
- If the fallen tree is on Council-owned land, the Council will arrange removal.
- If it is on private land, the landowner is responsible for clearing it.
If a landowner does not remove a fallen tree within a reasonable timeframe, the Council may intervene to clear any obstruction affecting public areas and recover the associated costs. Where a tree has fallen due to poor maintenance or neglect, the Council may also issue a fine to encourage responsible tree care.
Maintenance of Stone Walls
Stone walls line much of the highway network across St Mary’s, forming an important part of the island’s character and infrastructure. However, these walls can become unstable—particularly during severe weather—leading to loose stones or, in some cases, partial collapse. This creates potential hazards for pedestrians, road users, and nearby property.
Responsibilities of Adjacent Landowners
Land and property owners whose boundaries include these stone walls have a clear responsibility to keep them in a safe condition. Regular checks help prevent avoidable risks.
- Wall stability — Owners should inspect the full length of their wall to identify leaning sections, bulging stones, or signs of movement.
- Loose or missing stones — Any instability must be addressed promptly to prevent stones from falling into the highway.
- Timely repairs — If issues are found, owners must arrange appropriate maintenance without delay.
Failure to maintain a wall can result in legal and financial liability if debris causes damage or injury.
Role of the Council of the Isles of Scilly
As the local highway authority, the Council is responsible for keeping the roads clear of fallen stones and other debris. During routine inspections, if Council officers identify a wall that appears unstable, they will notify the adjacent landowner so that necessary repairs can be carried out.
This partnership approach helps ensure the safety of everyone using the island’s roads.
Key Considerations for Maintenance
- If a hedge bordering a road has to be cut annually, consider cutting the top and the field side of the hedge every two or three years (or longer) to prevent long-term decline in hedge health
- If a hedge bordering a road has to be cut annually, consider cutting the top and the field side of the hedge every two or three years (or longer) to prevent long-term decline in hedge health
- Avoid cutting back the hedge to the same point. Encouraging new shoots close to the base of the hedge helps to produce dense growth (to help with controlling livestock and improving wildlife value
- Where a hedge has become over-mature, been abandoned or gaps are appearing the hedge lay or coppice, keeping some trees as standards
- Do not remove hedgerow saplings, allow them to mature
- Do not remove all vegetation, otherwise they might dry out or be vulnerable to frost, resulting in damage or loss of archaeological features or plant life.
- Annual management of hedge banks is essential to prevent coarser vegetation becoming dominant.
- Removing the cuttings will kerb the growth of more vigorous plants by reducing soil nutrient levels – compost the clippings
| Attachment | Size |
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 Hedge Maintenance Guidance Leaflet | 285.8 KB |