Hedgerow Regulations
To get permission to remove a countryside hedgerow, you must write to your local planning authority. A list of contacts is available on this site.
The way in which the Regulations apply to individual hedgerows is quite complex. It is advisable to have a chat with your local planning authority before you formally seek permission to remove a hedgerow.
If the authority decide to prohibit the removal of an 'important' hedgerow, it must let you know within 6 weeks.
To qualify as 'important', the hedgerow must be at least 30 years old and at least 20m long (although shorter hedges can be included if linked to other hedgerows) and meet at least one of eight criteria. These relate to the hedgerow's archaeological, historical, wildlife or landscape value and are listed in the Criteria for Important Hedgerows.
If you remove a hedgerow without permission (whether or not it is important), you may face an unlimited fine. You may also have to replace the hedgerow.
More detailed guidance can be found in 'The Hedgerows Regulations 1997: A Guide to the Law and Good Practice' and 'Hedgerow Regulations - Your Questions Answered' available from DEFRA.
Extracts from one of the leaflets can be found by viewing a selection of your questions answered about hedgerows.
If you are concerned about the removal of a hedgerow, you can check with your local planning authority, which has a register of hedge removal notices available for public inspection.
The Hedgerow Regulations Review
In 1998, the Government published a Review of the Hedgerow Regulations. The Review made a number of recommendations on how the Regulations might be strengthened, particuarly on how the criteria defining 'important' hedgerows could be improved and simplified. The Review was followed by a number of surveys, a Select Committee report to the Government and a survey of local planning authorities. DEFRA launched a public consultation exercise on the protection of countryside boundary features and amendment of the Hedgerows Regulations in January 2003. The closing date for responses was 18 April 2003. The results of the consultation have been placed on the DEFRA website.Nesting Birds
Under Section 1 of the Wildlife and Countryside Act of 1981, it is an offence to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built. Never cut hedgerows during the nesting season (March to August). Hedge trimming is best left until the end of winter to leave fruits and nuts for wildlife. Farmers participating in agri-environment schemes are not permitted to trim hedges between 1 March and 31 July.
If you are aware of hedge cutting work going on during the breeding season, and you know birds are nesting in the hedge, you should inform the contractors of the presence of nesting birds.
The Police have the prime responsibility for enforcing this legislation and every police force now has at least one Wildlife Liaison Officer whose duties include dealing with wildlife issues. In County Durham, contact Sergeant Eddie Bell on 0845 60 60 365.
