Heritage - The Hedgerow Regulations 1997 (Environment Act 1995)

The Hedgerow Regulations 1997 were made under section 97 of the Environment Act 1995 and came into force in 1997. They introduced new arrangements for local planning authorities in England and Wales to protect important hedgerows in the countryside, by controlling their removal through a system of notification.

For the purpose of the Regulations, the hedgerow does not have to contain trees but any trees growing in it form part of the hedgerow. Where a former hedgerow has not been actively managed and has grown into a line of trees, it is not covered by the Regulations. Stone walls are not covered by the Regulations unless, as for an example is common in the south west of England and parts of Wales, land supporting the hedgerow consists of an earth and /or stone bank with the hedgerow growing along the top.

Applying to remove a hedgerow

To apply, you will need to download the Hedgerow Regulations Application Form or contact the Principal Landscape Officer on 01730 234215 who can send you a copy.

Why hedgerows are so valuable

Hedgerows are distinctive features of the countryside of England and Wales. As the most traditional type of field boundaries in many areas, hedgerows (and the field banks on which they often run) are often of considerable historic interest. Many date back to the first enclosure of the land and may iincorporate other historic features such as ancient earthworks, parish or old property boundaries.

Hedgerows covered by the regulations

Hedgerows on or adjacent to:

• Common land 
• Village Greens 
• Sites of Scientific Special Interest 
• Local Nature Reserves 
• Land used for agriculture 
• Land used for forestry 
• Land used for the breeding or keeping of horses, ponies or donkeys

Hedgerows which are 'within or marking the boundary curtilage of a dwelling house' don't count. This means that if a hedge marks the edge of a garden which is attached to a house, the hedge is not covered by the Regulations.

To qualify for the regulations a hedgerow must be at least 20m in length or connected at both ends to another hedgerow of any length. Any stretch within such a hedgerow also counts. Gaps of up to 20m are counted as a part of the hedgerow.

To uproot or otherwise destroy a hedgerow counts as removal. So if you dig a trench alongside a hedge and kill off the roots, this is still classed as removal even if you don't touch the hedge itself.

Exemptions

There are a number of exemptions to find out more please contact the Principal Landscape Officer on 01730 234215 or email stephen.destehoare@easthants.gov.uk

Landowners who want to remove a hedgerow

Any landowner who wishes to remove a hedgerow (if it is not exempt as above) must serve a Hedgerow Removal Notice in writing on their local planning authority. The authority then has 42 days to determine whether or not the hedge is considered 'important' under the regulations, and if so, whether or not to issue a Retention Notice, even if the hedgerow counts as important.

Considering the Hedgerow Removal Notice

The local authority must consult the local parish or community council and consider their views, but it does not have to consult anyone else. All applications are kept on a public register and should be available for study at your local authority. There is no requirement to publicise the order or put up signs.

What is an 'important' hedgerow?

In any case the hedgerow must be more than 30 years old. The landowner should provide documentation to prove that it is not if he thinks so. Apart from this, to be deemed 'important' a hedgerow 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 5; or Schedule 8 of the Wildlife & Countryside Act 1981; or 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

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