Hedges are important and attractive features in our countryside. They help to reflect the landscape, economic and social history of our rural areas. Also, they can be vital as a habitat for wildlife, especially where woodland cover is sparse. In the past they were routinely managed and this helped to ensure their survival today. Sadly, some hedges have been lost because this work has been neglected, but many have been uprooted due to changes in recent agricultural practices. Others have been removed to allow development.
The Hedgerow Regulations 1997
These regulations provide arrangements for the council to protect important hedgerows in the countryside by controlling their removal through a system of notification.
Uprooting or any act that destroys the hedge is regarded as removal. Sadly, this law cannot stop the excessive flailing still seen in parts of the Borough that damages many of the valuable interests associated with our rural hedgerows.
In general, the Regulations apply to hedgerows of more than 20 metres in length or they may be shorter provided both ends join up with other hedgerows. They must be in countryside situations, including village greens. Garden hedges are not included.
Making a notification to remove hedgerows
Anyone wishing to remove a hedge or part of it should notify the council by completing a
Form HRN/AF - Hedgerow Removal Notice (8Kb).
Even where the law applies some works are permitted without notification. Therefore, to avoid the risk of carrying out work without permission that may result in an unlimited fine, it is strongly recommended that any proposals are first discussed with your Local Planning Officer.
If the Regulations apply you will be sent a form that is easy to complete. Also, you will be asked to provide a sketch plan showing the location of the hedge and where the operations will be carried out. Reasons for doing the work must also be given. There are no fees for submitting a notification.
How notifications are processed
The council's will carry out a site survey and check documentary records to see if the hedgerow is ''important'' and should be retained. To be ''important'' the hedgerow must be at least 30 years old and meet at least one of eight set criteria. For example the hedgerow must be of archaeological, historical, wildlife or landscape value. To allow for comment the council will consult with the local Parish Council and maintain a register of all hedgerow removal notices for public inspection. Unless an extension has been agreed the notification must be determined within 42 calendar days.
If the hedgerow does not meet the criteria, it is not ''important'' and the Council will give permission for the work proposed in the application to be carried out. Also, permission will be given where the hedgerow is ''important'', but it has been decided the proposals are justified. All permissions last for two years.
Alternatively, the council may prohibit the proposed work to an ''important'' hedgerow by issuing a Hedgerow Retention Notice. This is permanent unless circumstances change. A fresh notification may then be submitted. Appeals can be made to the Secretary of State in writing within 28 days of being given the Council's decision.
How to get in touch
contact Development Control
