Tree touching power lines in Northern Ireland: who is responsible

This page reports what the official source says. It is not legal advice: ask the office named here. It describes the Order and the network owner's own pages. Great Britain and the other parts of the United Kingdom are not covered here.

What the Order says

Paragraph 14 of Schedule 4 to the Electricity (Northern Ireland) Order 1992 applies where a tree is, or will be, so close to an electric line or electrical plant kept installed by a licence holder that it obstructs or interferes with installing, maintaining or working the line or plant, or is an unacceptable source of danger to children or other persons. The Order says "tree" includes any shrub.

The licence holder may give notice to the occupier of the land requiring the tree to be felled or lopped, or its roots cut back. The Order makes this subject to the licence holder paying the occupier the expenses reasonably incurred in complying with the notice.
Where the occupier is not also the owner, a copy of the notice is also served on the owner.
If within 21 days of the notice its requirements are not met and neither owner nor occupier gives a counter notice, the licence holder may cause the tree to be felled or lopped, or the roots cut back.
If within 21 days the owner or occupier gives a counter notice objecting, the matter is referred to the Department unless the counter notice is withdrawn. After a hearing before a person the Department appoints, the Department may make the order it thinks just, which may let the licence holder do the work and may settle what expenses are paid.

The Order adds that when a licence holder uses these powers, the work is done in accordance with good arboricultural practice and so as to do as little damage as possible to trees, fences, hedges and growing crops. Felled trees, lopped boughs and root cuttings are removed in accordance with the directions of the owner or occupier.

What NIE Networks says

The NIE Networks page Vegetation management, what do we do says the requirement for vegetation management is set out in legislation, and that the company is obliged to keep a minimum separation between any object and its equipment. The page Vegetation management, public advice covers owners:

It asks owners who identify a tree on their property close to electricity lines to contact the company, and says that neither owner nor any third party working for them should cut such trees without first contacting it. It says the company's qualified experts assess the situation and make overhead lines safe before any work starts.
It says the company cuts or removes trees when necessary to keep the network safe, and does not provide aesthetic shaping or pruning, which it says fall outside its operational responsibilities.
It says that after cutting, its teams clear away branches and debris, but removing stumps is not included.
For storms, it says disposal of excess trees and branches is the property owner's responsibility. It gives as the reason that the company does not own the trees, and says it leaves remaining trees and branches safely on site once the hazard is removed and supply is restored.

Planting and the cutting programme

The page Vegetation management, tree planting says the company runs an extensive cutting programme each year, plants trees to replace those it has had to cut down, and works with The Conservation Volunteers so that trees planted are native species of local provenance. It gives 20,000 trees as the aim for the season it describes. The vegetation management overview page says the company cuts all year round and follows Northern Ireland Environment Agency guidance in Areas of Special Scientific Interest.

What the sources leave out

The four vegetation management pages read give no clearance distance for trees. NIE Networks lists a customer helpline on 03457 643 643 on its pages.

Credit: the Order is reported from legislation.gov.uk, which contains public sector information licensed under the Open Government Licence v3.0.

Who to call

NIE Networks, 03457 643 643: customer helpline, and trees close to overhead lines
NIE Networks, vegetation management public advice: contact before any cutting of trees close to its lines