Section 141 Restriction on planting of trees etc. in or near carriageway.C1C2C3C4C5C6C7C8C9C10C11C12
England and Wales
Subject to sections 64 and 96 above and section 142 below, no tree or shrub shall be planted in a made-up carriageway, or within 15 feet from the centre of a made-up carriageway.
If a tree or shrub is planted in contravention of this section the highway authority for the highway or, in the case of a highway maintainable by reason of tenure, enclosure or prescription, the person liable to maintain the highway, may by notice given either to the owner or to the occupier of the land in which the tree or shrub is planted require him to remove it within 21 days from the date of service of the notice.
If a person fails to comply with a notice under subsection (2) above he is guilty of an offence and liable to a fine not exceeding F1level 1 on the standard scale and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding 50p for each day on which the offence is so continued.
Annotations
Textual amendments
- F1
Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
Modifications
- C1
S. 141 excluded (18.12.1996) by 1996 c. 61, s. 38, Sch. 10 para. 5(2).
- C2
S. 141 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 40, Sch. 14 para. 7(2)
- C3
S. 141 excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19, Pt. 1 para. 2(1)
- C4
S. 141 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 24 para. 1(2) (with Sch. 24 para. 1(5))
- C5
S. 141 excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), art. 1, Sch. 14 para. 2(1) (with art. 45(7), Sch. 13 Pt. 1 para. 19)
- C6
S. 141 excluded (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), art. 1, Sch. 14 para. 2(1)
- C7
S. 141 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 24 para. 1(1) (with Sch. 24 para. 1(4))
- C8
S. 141 excluded (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 25 para. 2 (with arts. 62, 76, 87)
- C9
S. 141 excluded (15.4.2025) by The A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462), arts. 1, 53(1) (with arts. 5, 43, 53(7), Sch. 14)
- C10
S. 141 excluded (23.4.2025) by The Cambridge Waste Water Treatment Plant Relocation Order 2025 (S.I. 2025/452), art. 1, Sch. 17 para. 2(1) (with art. 50)
- C11
S. 141 excluded (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), arts. 1, 8(4) (with art. 40, Sch. 13)
- C12
S. 141 excluded (14.9.2026) by The Beacon Fen Energy Park Order 2026 (S.I. 2026/1025), arts. 1, 8(4) (with art. 39, Sch. 11 para. 131)