Can hedges be protected?

Yes, but only countryside hedgerows. Garden hedges cannot.

Is there a difference between a hedge and hedgerow?

Yes. A hedge is a line of trees or shrubs maintained to form a physical boundary. A hedgerow is this same line of trees or shrubs but in association with other flora and fauna and physical features such as banks and ditches - a complete ecosystem.

Can any countryside hedgerow be protected?

No. The hedgerow must meet certain specifications in terms of length, age, species composition or historical significance.

How long must a hedgerow be?

20 metres or more - less if they join another hedge at each end.

How old must a hedgerow be?

30 years minimum.

What must be the species composition?

At least 7 woody species (6 in the North of England) within a 30 metre length or, if it is less than 30 metres, the entire hedge.

When does a hedgerow have historical significance?

In any of 5 ways:

• If the hedgerow marks the boundary (or part of a boundary) of a parish or township that existed before 1850.
• If the hedgerow incorporates a significant archaeological feature.
• If any part of the hedgerow is situated within an important archaeological site.
• If the hedgerow marks the boundary of a pre-1600 estate or manor, or is visibly related to any building or feature on such an estate or manor.
• If the hedgerow is recorded as being an integral part of a field system which pre-dates the Enclosure Acts (1845), or is visibly related to any building or feature associated with such a field system.

What should I do if I wish to remove a rural hedgerow?

You need to serve the council with a hedgerow removal notice.

• Application for hedgerow removal notice

What happens after I have served a hedgerow removal notice?

The council will acknowledge your notice and from that date, have 42 days (or longer if agreed by both parties) to consult with various agencies and determine whether or not to serve a hedgerow retention notice.

Can I appeal against the serving of a Hedgerow Retention Notice?

Yes. An appeal must be made in writing within 28 days of the serving of a Hedgerow retention notice to the Planning Inspectorate, Registry/Scanning, Room 3/01 Kite Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.

What can I do to a hedgerow without having to serve a removal notice?

Anything other than remove it i.e. dig it up and grub it out. You may even cut it back to ground level as long as the operation is to encourage new growth from which to develop and train a new hedge. The cutting of the hedge should not destroy the associated flora or any banks and ditches which make up the hedgerow.

What are the penalties for destroying a hedgerow in contravention of the Hedgerow Regulations 1997?

On summary conviction in the Magistrates Court a fine of up to £5000. More serious cases may be tried on indictment in the Crown Court, where fines are unlimited. There will also be a requirement to replace the hedgerow.

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