Landscapes, Trees and Hedgerows (Biodiversity)
Landscape
Any planning application that is considered to have a significant effect on the landscape is considered and recommendations for special conditions may be made. Submitted planting schemes are agreed and when the landscape work has been carried out it is then inspected. The design and adoption of Public Open Space is subject to procedures which involve a landscape input.
The Service provides landscape advice to other Council departments and to external agencies and organisations.
A comprehensive landscape character assessment has been prepared for the whole County. This is being used as a planning tool both for the Unitary Development Plan (UDP); development control, grant targeting and a range of other future initiatives.
Allocation of land for future housing or industrial use within the UDP relies heavily on landscape assessment. The Service is closely involved with this work, along with preparing landscape policies and conditions.
The extent and location of all important historic parks and gardens within the county has been prepared for inclusion within the UDP.
Supplementary Planning Guidance has been prepared for trees and development and for Landscape Character.
Trees And Felling
Trees maybe protected by Tree Preservation Orders (TPO) or by being within a Conservation Area.
The Council determines applications to carry out works to trees protected by a Preservation Order and receives notification of works to trees in conservation areas. The Service is consulted on other tree related matters under the Town and Country Planning Act (1990).
Herefordshire has about 430 Tree Preservation Orders. The number of protected trees is growing with new ones regularly being identified as worthy of protection. If a tree is protected the owner must obtain permission from the local authority before any work is carried out on the tree. Details of TPOs are kept by the tree officer Tel: (01432) 260000.
Within conservation areas you should give the local planning authority 6 weeks notice before carrying out works to trees. If it is felt that the works would be detrimental to amenity, a Tree Preservation Order might be made.
There are punitive fines for contravening a TPO and Conservation Area provisions in relation to trees.
A felling licence must be obtained from the Forestry Commission if more than 5 cubic metres of wood is to be felled or more than 2 cubic metres sold in any calendar quarter (under the Forestry Act 1967).
The Forestry Commission and officers are based at:
Greg Jones
Government Buildings
Block B
Whittington Road
Worcester
WR5 2FR
Tel : 01905 532200
Fax : 01905 362731
E-mail: westmidlands.fce@forestry.gsi.gov.uk
A public register of sites for which licenses have been granted in Herefordshire and the West Midlands can be viewed on the Internet at http://www.forestry.gov.uk/
Hedgerows
Since 1st June 1997 it has been against the law to remove most countryside hedgerows without notifying the Local Planning Authority. Removal does not just include grubbing up but other actions that result in the hedgerow being destroyed. Coppicing, layering and the removal of dead or diseased shrubs or trees are treated as normal management. The process of serving a Hedgerow Removal Notice and determining whether hedgerows should be retained in governed by regulations. Contact the Planning Ecologist Tel: (01432) 260000.
Applications For Removal
The local planning authority has 6 weeks in which to let you know whether the hedgerow is to be retained. First of all a decision must be made upon whether the hedgerow is important, then, the reasons for removal are considered. There is however a strong presumption that important hedgerows will be protected. If the hedge is to be retained a Hedgerow Retention Notice is served. If you do not hear within 6 weeks of the authority receiving your Hedgerow Removal Notice you can remove the hedgerow, unless you have agreed a longer timescale.
To be important the hedgerow must be at least 30 years old and meet at least one of 8 criteria specified in the Regulations.
There are a number of exclusions to the need to obtain permission and advice can be provided upon these.
Permission to remove a hedge lasts for two years from the date of the authority's written permission or the ending of the 6-week period.
There is a right of appeal to the Secretary of State within 28 days of being given the authority's decision.
A Hedgerow Retention Notice is permanent but you may submit a fresh removal notice if circumstances change.
Removal without permission is a criminal offence and you could face a fine in either the magistrate's or crown court. You could also be required to replant the hedge and it will automatically be deemed 'important' for 30 years after being planted.
A leaflet published by DEFRA is available and can be obtained from the Local Planning Authority.
Application To Carry Out Works to Protected Trees
Advice on completing the application form for works to protected trees
Leaflet on Hedge Cutting
Hedgerow Removal Notice ApplicationIf you need help to understand a document, or would like it in another format or language, please call 01432 260500 or email info@herefordshire.gov.uk
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