Right to light issue

[orangechoc 10]

I live by the railway line, and over on the banking of the railway line are many sycamore trees. Over the past 20 years these have gradually grown taller and taller to the extent now, that they block out sunlight to our garden. This is apparent from around 4pm onwards. They also block out light to our home. I contacted a Network Rail who advised me

. Whilst I appreciate and understand your concerns, I’m afraid that we only cut back or remove encroaching trees that pose a danger to the operational railway or have the potential to cause structural damage to surrounding properties. Having been to site we have found that the trees near your property do not fall into this category, and we will not therefore be carrying out any work at this location.

 

They don't encroach onto our land but they they block considerable amounts of light. The Trees and Hedges Act details info but is relevant only to domestic land.

 

Any advice on whether I could argue the Right to Light and would it be appropriate to argue such an Right in this case?

 

I don't want to have these trees permanently cut down, as they offer great privacy and reduce noise, but they desperately need trimming.

[drummer54as 10]

I may be wrong... but im sure if they overhang your land your allowed to cut them back to the boundary. my dad does it with the neighbors trees which overhangs his garden. Cut the branches back to fence and trims the tops. (They are fine with this btw , incase anyone on here says its not allowed )

Edited April 24, 2016 by drummer54as

[999tigger 10]

I dont think so, but not my sepcialism and id have to look it up. Ask jeffrey its his area and he might give you a freebie.

 

---------- Post added 24-04-2016 at 16:16 ----------

 

I may be wrong... but im sure if they overhang your land your allowed to cut them back to the boundary. my dad does it with the neighbors trees which overhangs his garden. Cut the branches back to fence and trims the tops. (They are fine with this btw , incase anyone on here says its not allowed )

 

A different issue and on my reading the trees are not overhanging but on the opposite bank?

[drummer54as 10]

---------- Post added 24-04-2016 at 16:16 ----------

 

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A different issue and on my reading the trees are not overhanging but on the opposite bank?

 

 

ah yeah i missed the ''they dont encroach on our land part'' my bad

[El Cid 220]

I would think Network Rail dont want to cut them back, due to the cost. Can you cut them back yourself, or pay a tree surgeon?

[ricgem2002 11]

I would think Network Rail dont want to cut them back, due to the cost. Can you cut them back yourself, or pay a tree surgeon?

its not just a case of walking on to railway infrastructre

and chopping down trees. this could be a massive job to be undertaken regarding working on embankments with live rails etc. the only way this could happen is if there are future works planned and could be done at the same time

[Gamston 10]

I would think Network Rail dont want to cut them back, due to the cost. Can you cut them back yourself, or pay a tree surgeon?

 

The OP has said they don't encroach on their land, so he/she can do neither.

[Chez2 10]

High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in England on 1 June 2005

 

 

https://www.gov.uk/government/publications/high-hedge-appeal-against-the-councils-decision-on-a-high-hedge

 

 

Read this and see if applies to trees as well as hedges. You say this only affects domestic land. Do the trees have to be on domestic land or just affecting domestic property? I remember something about being able to enjoy living in your property. That might be the infamous human right act. This has been used for a kids large climbing frame / tree house in a garden.

Edited April 24, 2016 by Chez2

[dangerousedd 10]

could they be acting as a sound break? they may regret it if they manage to have the trees cut back.

[El Cid 220]

I live by the railway line, and over on the banking of the railway line are many sycamore trees. Over the past 20 years these have gradually grown taller and taller to the extent now, that they block out sunlight to our garden. This is apparent from around 4pm onwards. They also block out light to our home.

 

Its very good if you can get sun all day, but the sun being blocked from 4pm, is not really a big deal, at least for Network Rail.

[Gamston 10]

Its very good if you can get sun all day, but the sun being blocked from 4pm, is not really a big deal, at least for Network Rail.

It might be a big deal for the railway company in autumn, if there are too many leaves on the track

[El Cid 220]

It might be a big deal for the railway company in autumn, if there are too many leaves on the track

 

I do always wonder why Network Rail dont plant evergreen trees and shrubs, it would stop the deciduous trees from growing in the first place, good for blocking the sound of the trains too.