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Under the Hedgerows Regulations 1997:
- It is against the law to remove most countryside hedgerows without permission.
- To get permission to remove a hedgerow, you must notify the District Council.
- If we decide to prohibit removal of an important hedgerow, we will 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.
The way in which the Regulations apply to individual hedgerows is quite complex. You are advised to contact a Forestry and Landscape Officer at the District Council to discuss your proposals prior to seeking permission. Please contact the Heritage and Design Team on 01789 267575 or e-mail planning@stratford-dc.gov.uk
Where can I get more information?
- A leaflet - The Hedgerows Regulations: Your Question Answered - provides a brief summary of the law.
- More detailed guidance is in The Hedgerows Regulations 1997: A Guide to the Law and Good Practice.
Both are available by contacting The Department for Environment, Food and Rural Affairs (DEFRA) by e-mail: farmland.conservation@defra.gsi.gov.uk
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 hedgerows 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 hedgerows:
- 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;
- to gain temporary entry to help in an emergency;
- to comply with a statutory plant or forestry health order;
- to comply with a statutory notice, for preventing interference with electric lines and apparatus;
- in connection with statutory drainage or flood defence work; or
- to implement a planning permission (but in the case of permitted development rights, most hedgerow removal WILL require prior permission).
There are further exceptions for reasons of national defence and for removal by the Highways Agency. Normal management of your hedgerow does not require prior permission.
How to apply to remove a hedgerow?
As indicated above you should contact the Heritage and Design Team to discuss your proposals before seeking permission.
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