The Hedgerow Regulations came into force on 1 June 1997 and are still current. The regulations were created with the intent of protecting important countryside hedgerows from damage and destruction. Hedgerows can be defined as a boundary line of bushes which can include trees.
Here are some often-asked questions that help to explain the different aspects of the regulations, and how not to contravene the regulations to avoid the risk of legal action.
1. Do I need permission to remove part or all of my hedgerow?
Whether or not you can remove a hedgerow depends on its length, location and ‘importance’.
In general, you do need permission to remove your hedgerow if it is: on land used for breeding or keeping horses, ponies or donkeys; common land; land used for forestry or agriculture (including alongside it); belongs to the state; or is a local nature reserve or Site of Specific Scientific Interest (SSSI).
However, if the hedgerow is shorter than 20 metres (unless it constitutes a section of a larger hedgerow), or if it is in or marks the boundary of your own garden, you do not need permission to remove it.
2. Are there any other instances where I could remove a hedgerow without permission?
There are some instances in which you can remove a hedgerow without permission. These include:
- Complying with a statutory plant or forestry health order, a statutory notice for preventing interference with electric lines and apparatus or in connection with statutory drainage or flood defence work;
- To implement a planning permission (but in the case of permitted development rights, most hedgerow removal will require prior permission);
- To make a new opening in substitution for an existing one that gives access to land, e.g, a gate. However, the old one must be filled in within eight months;
- In a case of national defence;
- To gain temporary access in an emergency.
3. Is it just grubbing up (removing) the hedgerow that applies?
No. The regulations incorporate all actions that result in the destruction of the hedgerow. Normal management, e.g, coppicing, is acceptable.
However, you cannot work on a hedgerow where there are nesting birds and you must have a felling licence to work on hedgerow trees. There are also restrictions if you benefit from a the Common Agricultural Policy scheme.
4. Who can seek permission for removal and how is it done?
The landowner, agricultural tenant, farm business tenant or certain eligible utilities (such as electricity companies) can seek permission.
You will need to send the local planning authority a hedgerow removal notice, for which there is no charge. The authority will be your local or district council, the county council if in Wales or the relevant National Park Authority. The authority will visit the site to assess whether the hedge is considered ‘important’. To be considered an important hedgerow it must be at least thirty years old and meet a number of criteria.
5. What does the hedgerow being important, or not, mean for me?
The authority will consider the circumstances and judge whether removal is justified. If this is not the case, a hedgerow retention notice will be issued and permission will be denied.
If the hedgerow is not considered important, the authority cannot deny you permission to remove it. If, however, another authority has notification requirements, etc, then this does not override their requirements.
6. What if I do not hear from the authority?
The authority has 42 days to respond after it receives your written removal notice after which you will receive a hedgerow retention notice or a written notice of permission to remove the hedge as its removal has been proposed. If you have permission, you have two years in which to act. If you have no response after 42 days, then you may remove the hedgerow.
7. Can a Hedgerow Retention Notice be challenged?
Yes. If you want to challenge a hedgerow retention notice, you must send a written appeal form to the authority and the planning inspectorate within 28 days of receiving the decision. You should get a decision within 31 weeks.
8. How long does a Hedgerow Retention Notice last?
A Hedgerow Retention Notice is permanent. However, if circumstances change, you may be able to submit another removal notice.
9. What happens if I remove the hedgerow without permission?
It is against the law to remove a hedgerow without permission. The authority might demand you replant the hedgerow and they have legal powers to ensure this happens. If you are found guilty by a Magistrates Court, the fine is up to £5,000. If tried in the Crown Court, the fine is unlimited.
10. Are there grants and advice available for me to restore or maintain the hedgerow?
The British Trust for Conservation Volunteers may be able to help with practical restoration. Free initial advice is available from ADAS (Agricultural Development Advisory Service) and FWAG (Farming and Wildlife Advisory Group), independent advisors on environmental issues.