LEGISLATION NEWS

01 October 2009 • Jean Churchward

A Rough Guide to the Hedgerows Legislation 1997

Are you aware that unauthorised destruction of even a short length of hedgerow could result in a fine of £5,000 or more and the cost of reinstatement? If you own or manage land you need to be aware of your obligations.

Why are hedgerows protected?

Hedgerows are one of the most distinctive landscape features of the British countryside, having been created over many centuries. Some hedgerows have great historic importance, forming ancient field systems, and medieval parish and estate boundaries, whilst many others, particularly in parts of the Midlands were created during the enclosures of the 18th century.

Whatever their origins, most are important, not only as field boundaries, but also as havens for wildlife as well as for landscape value.

During the post war years up to the late 20th century the length of hedgerows declined considerably; for example between 1984 and 1990, 20% of hedgerow length disappeared in England. Since then the position has improved as a result of both legislation and significant voluntary planting of new hedgerows by farmers and landowners.

What you need to know

You need permission to remove most hedgerows if they are on, or run alongside:
• agricultural land
• common land or town or village greens
• land used for forestry or for breeding or keeping horses, ponies or donkeys
• a local nature reserve or a Site of Special Scientific Interest

You do not need permission to remove a hedge if:
• it is shorter than 20 metres (unless both ends join up with other hedgerows, or it is part of a longer hedgerow
• it is in, or borders your garden
• to implement a planning permission
• there are other minor exceptions in relation to access for emergency or statutory reasons, or to create a new opening providing the original opening is planted

Normal hedgerow management, including coppicing and laying does not require permission.

Only the landowner, agricultural tenant, farm business tenant, or certain utilities such as gas companies can seek permission to remove a hedgerow.

How do you ask for permission to remove a hedgerow?

You have to send the local planning authority (or the National Park authority if you are in a National Park), a hedgerow removal notice, which can be obtained from the local or National Park authority

Following receipt of a hedgerow removal notice the authority will visit the site to assess whether the hedgerow is “important”. To be important the hedgerow must be at least 30 years old and meet at least one of 8 set criteria, which identify hedgerows of particular archaeological, historical, wildlife, or landscape...

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