Hedge Removals
Hedgerows represent some of the most important wildlife habitats in lowland Britain. The regulations are intended to protect important hedges in the countryside. They apply to hedges more than 20m long, (or less if connected to another hedge) on or adjacent to:
- Land used for agriculture or forestry, including the keeping of horses or donkeys
- Registered common land and village greens
- Local Nature Reserves and Sites of Special Scientific Interest.
They do not apply if the hedge is within or on the boundary of the curtilage of a house.
Hedgerow removal notice
Anyone proposing to remove a hedge to which the regulations apply must give the Council six weeks notice and give the reason for seeking to remove it. Some works are exempt from the need to notify, including:
- The creation of an access to replace an existing access which will be filled in with a new section of hedge, or where there is no existing access except at unreasonable cost
- To carry out development which has been granted planning permission. To comply with a statutory plant or forest health order
- To gain temporary access in an emergency.
Some public bodies and utility operators also have exemptions for example for statutory drainage works and to keep power lines clear. The Council has a Hedgerow Removal Notice and guidance notes can be found on the Planning Portal. You do not have to use this form, however you must provide us with the information it asks for in some format. More information can be found in the Hedgerow regulations: your questions answered document.
Important hedgerows
The Council must then decide if the hedge is 'Important' as defined in the Regulations. This depends on its historical or wildlife value. For example a hedge which existed before 1850 or which is associated with an archaeological feature will be important. A hedge which contains a diverse range of species of plant or provides a habitat for particular species of birds could also be important. Other factors include whether it adjoins a ditch, or public footpath.
If the hedge is important as defined in the Regulations The Council must then decide whether its removal is justified or to serve a Hedgerow Retention Notice which prevents its removal. If it is not important it may be removed. Government advice is that there is a presumption in favour of retaining important hedgerows unless there is a strong case for their removal. There is a right of appeal against a retention notice.
Penalties
It is an offence to remove a hedge without giving notice whether it is important or not and to remove a hedge in contravention of a retention notice. In addition to a possible fine of up to £5,000, there is a duty to replant.
The Regulations also apply to hedges removed or destroyed as an incidental effect of other operations, for example, clearance of ditches. They do not apply to normal maintenance operations, including coppicing, from which the hedge will re-grow.
Documents to download
- Application for work to trees under a TPO
- Notification of work to trees in conservation areas
- TPO application form - guidance notes
- Protected Trees: A Guide to Tree Preservation Procedures
- Example of a planting plan