Hedgerow Regulations

Picture of new hedge planting at Gateley

Hedgerows are probably the defining feature of the agricultural landscapes of Breckland. We want to see important hedgerows retained for landscape, historical or wildlife reasons, and are particularly aware that the contorted pine hedges of the sandy Brecks are a characteristic which sets Breckland apart from other regions of the country.
Highways, byways and green lanes with boundary hedges can be valuable links with the past. Ancient species of rich hedgerows have been adopted as a Norfolk Biodiversity Action Plan Habitat.

Following the widespread loss of hedgerows in the second half of the twentieth century, the government introduced the Hedgerow Regulations in 1997. These require a person to give the local planning authority six weeks notice of their intention to remove any hedge on or bordering agricultural land, forestry, commons, greens or nature reserves, stating their reasons. Hedges between domestic dwellings are not included.

The regulations are quite complicated, but if a hedge is judged to be ‘important’ by the necessary historical, landscape or biological criteria, the Council may serve a Hedgerow Retention Notice, thereby protecting the hedge from removal.

Hedgerow Regulations FAQ’s

The following information is taken from the leaflet - 'The Hedgerows Regulations: Your Questions Answered' published by DEFRA.
More detailed guidance can be found in 'The Hedgerows Regulations 1997: A Guide to the Law and Good Practice', also from DEFRA.

New rules on hedgerows came into force on 1st June 1997:

It is against the law to remove most countryside hedgerows without permission.
To get permission to remove a hedgerow you must contact your local planning department.
If the authority decides to prohibit removal of an important hedgerow it must let you know within 6 weeks.
If you remove a hedgerow without permission (whether it is important or not) you may face an unlimited fine. You may also have to replace the hedgerow.

1. Do I need permission to remove my hedgerow, either in whole or in part?

Yes, if your hedgerow is on, or runs alongside:

agricultural land
common land, including town or village greens;
land used for forestry or the breeding or keeping of horses, ponies or donkeys; or
a Local Nature Reserve or Site of Special Scientific Interest.

No, if it:

is shorter than 20 metres (unless both ends join up with other hedgerow or it is part of a longer hedgerow); or
is in, or borders, your garden.
Gaps of 20 metres or less are counted as part of the hedgerow. A gap may be a break in the vegetation or it may be filled, by for example, a gate.

You also do not need permission to remove your hedgerow:

to get access - either in place of an existing opening, provided that you plant a new stretch of hedgerow to fill the original entrance, or when another means of entry is not available, except at disproportionate cost. You are advised however, to contact the authority prior to undertaking this work;
to gain temporary entry to help in an emergency; or
to implement a planning permission (but in the case of permitted development rights, most hedgerow removal WILL require prior permission).

Normal management of your hedgerow does not require prior permission.

2. Does removing a hedgerow just mean grubbing it up?

No. Removal also includes other actions that result in the hedgerow being destroyed, but coppicing, laying and removal of dead or diseased shrubs or trees are treated as normal management.

3. Who can seek permission to remove a hedgerow?

Only the landowner, agricultural tenant, farm business tenant or certain utilities, such as gas companies.

4. How do I ask permission to remove a hedgerow?

You have to send the local planning authority a hedgerow removal notice. There is no charge for this.

5. What happens after the authority have received the notice?

They visit the site to see if the hedgerow is 'important' and may enter your land. To be 'important' the hedgerow must (i) be at least 30 years old, and (ii) meet at least one of 8 set criteria summarised at the bottom of this page. The criteria identify hedgerows of particular archaeological, historical, wildlife or landscape value.

The authority will also consult the local community council and the local elected member.

6. What if the hedgerow is not 'important'?

The authority cannot refuse you permission to remove the hedgerow. They should write to say that the hedgerow can be removed. This permission does not override any requirements to notify or obtain consent under other legislation, or any contractual obligations.

7. What if the hedgerow is 'important'?

The authority will decide if the circumstances justify the removal of an important hedgerow. The strong presumption is that important hedgerows will be protected. Unless satisfied that removal is justified, the authority must refuse permission. They will issue a Hedgerow Retention Notice to say that removal of the hedgerow is prohibited.

8. What if I hear nothing from the authority?

You can remove the hedgerow, if you have not heard from the authority 6 weeks after they received your Hedgerow Removal Notice - unless you have agreed a longer timescale.

9. How long does a permission last?

2 years from either the date of the authority's written permission or the ending of the 6 week period. The permission is for the work set out in your proposal, and no more. You must seek fresh permission for anything else.

10. What if the authority refuses permission? Can I challenge the hedgerow retention notice?

Yes, you can appeal to the Secretary of State in writing within 28 days of being given the authority's decision. The hedgerow retention notice will explain how.

11. How long does a hedgerow retention notice last?

A Hedgerow Retention Notice is permanent. But if circumstances change, you may submit a fresh removal notice.

12. What if I remove a hedgerow without asking for permission?

It is a criminal offence, unless one of the exceptions in Q1 applies, to deliberately remove a hedgerow without permission. If you are found guilty by a magistrates' court, you face a fine of up to £5,000. If tried in the crown court, the fine is unlimited.

13. Do I have to replace a hedgerow if I remove it without permission?

The authority could direct you to plant another hedgerow. They have legal powers to ensure this happens. The replacement hedgerow is automatically 'important' for 30 years after it has been planted.

14. Are there grants and advice available for restoring or maintaining hedgerows?

Grants may be payable under some Government Schemes. Some local authorities may also provide funding and the British Trust for Conservation Volunteers may be able to help with practical restoration. Free initial on-farm conservation advice is available in England from ADAS and FWAG, who can also advise on grants and the management of hedgerows.

Important hedgerows: the criteria

The Regulations specify in detail how the criteria are met. This is a simplified guide.

Marks a pre-1850 parish or township boundary
Incorporates an archaeological feature
Is part of, or associated with, an archaeological site
Marks the boundary of, or is associated with, a pre-1600 estate or manor.
Forms an integral part of a pre-Parliamentary enclosure field system
Contains certain categories of species of birds, animals or plants listed in the Wildlife and Countryside Act or Joint Nature Conservation Committee (JNCC) publications
Within an average 30m length, includes:
- at least 7 woody species
- at least 6 woody species and has at least 3 associated features
- at least 6 woody species, including a black poplar tree, or large leaved lime, or small leaved lime, or wild service tree; or
- at least 5 woody species and has at least 4 associated features
- the list of 56 woody species comprises mainly shrubs and trees. It generally excludes climbers (such as clematis, honeysuckle and bramble) but includes wild roses
Runs alongside a bridleway, footpath, road used as a public path, or a byway open to all traffic and includes at least 4 woody species, on average in a 30m length and has at least 2 of the associated features listed at (i) to (v) below:

The associated features are:

(i) a bank or wall supporting the hedgerow;

(ii) less than 10% gaps

(iii) on average, at least one tree per 50 metres

(iv) at least 3 species from a list of 57 woodland plants

(v) a ditch

(vi) a number of connections with other hedgerows, ponds or woodland; and

(vii) a parallel hedge within 15 metres.

You can download a copy of the Hedgerow Removal Notice form by clicking on the link below.

The Draft Habitat Action Plan for Ancient Species Rich Hedgerows in Norfolk can be seen on this linked site www.norfolkbiodiversity.org