Hedgerow Regulations 1997

The system applies to most countryside hedgerows, which are at least 20 metres or more long, or which meet another hedgerow at each end. All these hedgerows must be on, or adjoining land used for agriculture or forestry, the breeding or keeping of horses, ponies or donkeys; common land, village greens, Sites of Special Scientific Interest or Local Nature Reserves. Garden Hedges are not affected (or hedges that form the curtilage of a dwelling house).

Do I need permission to remove my hedgerow?

Yes, except;

• To make a new opening in substitution for an existing one that gives access to land. For example, a gate. However, the old one must be filled in within 8 months.
• To obtain temporary access to land in an emergency. This means the sort of emergency you might dial 999 for - not the sort of emergency where you've suddenly bought too big a combine for your field.
• To obtain access to land where other means are not available or are only available at disproportionate cost.
• For national defence purposes
• Where planning permission has been granted but not in most cases where the development is under permitted development rights.
• To carry out work under certain Acts of Parliament for flood defence or land drainage purposes
• By an authorised inspector to prevent the spread of a plant disease
• By the Highway Agency
• To protect or prevent danger to electric lines and plant
• For the proper management of the hedgerow. This means management, such as coppicing, that does not result in the demise of the plants that make up the hedge. Please note that is the hedgerow is deliberately 'overmanaged' or livestock is allowed to browse the coppice regrowth, this may constitute 'removal' under the terms of the Regulations.

The way in which the Regulations apply to individual hedgerows is quite complex and the Hedgerow Regulations leaflet will explain some of the issues. It is still advisable, however, to discuss informally with the Council’s Tree & Landscape Officer at an early stage any plans to remove a rural hedgerow – before you formally seek permission. He can then advise you of the likely outcome and on what to do next:

How do I ask for permission to remove a hedgerow?

Only the landowner, agricultural tenant, farm business tenant or certain utility companies may seek permission to remove or destroy a hedgerow. You have to send the Council a removal notice. Fill out the form and send it to the Trees & Landscape Officer (address below). There is not charge for this.

What happens next?

When a notification is received, the Council’s Tree & Landscape Officer will visit the site to see if the hedgerow is "important" and will have the right to enter the land. To be "important" the hedgerow must be at least 30 years old, and meet at least one of the 8 set criteria set out in Part II of schedule I to the regulations, which identify hedgerows of particular archaeological, historical, wildlife or landscape value.

If the hedgerow fails to meet the "important" criteria, we will write to you giving permission to remove it. This permission will not override any requirements to notify or obtain consent under other legislation, or any contractual obligations, or any conditions attached to the permission.

If the hedgerow is ‘important’ the Council will decide if the circumstances justify its removal, but there is a strong presumption to protect hedgerows, that meet the "importance" criteria. This being the case, we will impose a ‘hedgerow retention notice’ which will prohibit the removal or destruction of the hedgerow.

It is a criminal offence to deliberately remove a hedgerow without permission, which if found guilty in a Magistrates court you could face a fine of up to £5,000 or an unlimited fine in the Crown Court. We will also require you to plant another hedge in the same place, which will automatically become "important" for 30 years after it is planted.

What is an 'important' hedgerow?

For a hedgerow to be deemed 'important' it must meet one or more of the following criteria:

• The hedgerow marks the boundary of a historic parish or township existing before 1850
• The hedgerow contains or is within an archaeological feature which is on the Sites and Monuments Record, or a pre-1600 manor or estate
• The hedgerow is a part of or associated with a field system predating the Inclosure Acts
• The hedgerow contains species in part 1 of Schedule 1; Schedule 5; or Schedule 8 of the Wildlife & Countryside Act 1981; or various other defined species including certain Red Data Book species
• The hedgerow is adjacent to a public right of way (not counting an adopted highway) and at least 4 woody species as defined in Schedule 3 of the regulations plus at least two Associated Features
• The hedgerow includes one or more of the following
  • At least 7 woody species
  • At least 6 woody species plus at least three Associated Features (see below)
  • At least 6 woody species including a black poplar, large-leaved lime, small-leaved lime or wild service tree
  • At least 5 woody species and at least 4 Associated Features

Associated Features are as follows:

• A bank or wall for at least half the length
• A ditch for a least half the length
• Gaps over no more than 10% of the length
• At least one standard tree per 50m
• At least 3 ground flora woodland species as defined in Schedule 2 of the regulations within 1m of the hedgerow
• Connections scoring 4 or more points, where connection a hedgerow counts as one, a broad-leaved woodland or pond counts as two*
• A parallel hedge within 15m*
  *These features do not count if a public right of way is being included in the criterion.

Hedgerow Management and Maintenance

Trimming will keep hedgerows in good condition for many years, but from time to time they may need major restoration through laying or coppicing. Local tradition plays a strong part in management methods, but the type of farming is probably the over-riding factor. Where stock is kept, a stock-proof boundary is needed so the hedge is generally trimmed to keep it to a fairly neat shape and a height that will shelter stock (raise wind just higher than their backs). Laying is carried out when major maintenance is needed.

Where no stock is kept (all arable), hedgerows will be trimmed to prevent shading of crops and prevent farm machines being obstructed, but where a hedge doesn't shade, a linear wood may be allowed to develop ( no trimming off top). Major management to rejuvenate growth is coppicing (every 20 years or more). Coppicing can look disastrous, but is good for re-invigorating growth, and is recommended where hedgerows have become infested with elm suckers.

Maintenance is usually done by flail trimming. If this machine is used with care, it is the best way of trimming hedgerows it is cost effective and does a good pruning job.

The Farming and Wildlife Advisory Group (FWAG) advocates cutting of hedgerows only in alternate years. This is better for the wildlife, and it cuts down on time and expense for the farmer. Some species only flower on second year growth, so annual cutting reduces the flowering and subsequent berry crop. Hedgerows along roads and farm access tracks may have to be trimmed annually to avoid obstruction. Young hedgerows (newly planted, coppiced or laid) also need a light annual trim for about 10 years in order to train them into a good shape.

What time of year to trim?

Never cut hedgerows during the nesting season (March to August). Hedge trimming is best left until the end of winter to leave the larder of fruits and nuts for wildlife. Sometimes it is not possible to get on the field at this time of the year, and on such occasions trimming can be brought forward to early winter. The most important consideration is to avoid such work during the breeding season. Retain ground cover at the base of the hedge over winter for ground-nesting birds such as partridges.

These best practice guidelines are agreed by conservation groups and agriculture departments. Constraints on hedgerow management have been set out in the legally defined Codes of Good Farming Practice, which applies to all farmers participating in an agri-environment scheme or in receipt of Less Favoured Area payments. Under these guidelines hedgerow trimming is not permitted between 1 March 31 July in England and Scotland, between 15 March 31 August.

Advice and grant aid for hedge management and planting

Farming and Wildlife Advisory Group will be able to give site specific advice. Some countryside areas may be in a Countryside Management Project and additional help is often available through these projects. ADAS also provide advice and literature.

The Countryside Stewardship Scheme (CSS) offers voluntary 10-year agreements for managing and restoring farmland habitats including hedgerows. CSS is administered by the Department of Environment, Food and Rural Affairs (DEFRA). DEFRA also provides funding for hedgerows and other field boundaries within Environmentally Sensitive Areas (ESAs). Ring their helpline 08459 335577 for more information. The Governments statutory nature conservation agency for England, Natural England, grant-aids projects where hedges are within sites of high conservation importance.

Contacts

FWAG: South England Office
Cuckoo Down Farm
West Hill
Ottery St Mary
Devon
EX11 1UE