Hedgerows

Hedgerows are valued as wildlife habitats as well as landscape features and are a Herefordshire and UK Biodiversity Action Plan Priority Habitat. Most countryside hedgerows are protected under UK legislation - the Hedgerow Regulations 1997.

Please see the resource box on the right for Natural England guidance on hedgerow management and planting.

Please use the links below to explore the page:

• Applications for hedgerow removal
• Hedgerows and planning
• Hedgerow cutting
• High hedges
• Herefordshire Damson Hedges Survey

Applications for hedgerow removal

The Hedgerow Regulations came into effect in 1997, since when it has been against the law to remove most countryside hedgerows without first notifying the Local Planning Authority. The process of serving a Hedgerow Removal Notice and determining whether hedgerows should be retained is governed by the Regulations. The planning portal has produced the following guidance: Guidance notes for completing a Hedgerow Removal Notice application.

Removal does not just include grubbing up but other actions that result in a hedgerow being destroyed. Coppicing, layering and the removal of dead or diseased shrubs or trees are treated as normal management. There are a number of exclusions to the need to obtain permission to remove hedgerow, as described in the guidance above.

Once a notice has been served, the Council has 6 weeks to decide if a hedgerow is important and should be retained. There is a strong presumption that important hedgerows will be protected. 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. Permission to remove a hedge lasts for two years from the date of the authority's written permission or from the ending of the 6-week period.

A Hedgerow Retention Notice is permanent but a fresh removal notice may be submitted if circumstances change. There is a right of appeal to the Secretary of State within 28 days of being given the authority's decision. Hedgerow 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.

Hedgerow removal notices (PDF file) require information on the location, type and age of the hedgerow as well as the reason that it needs to be removed.

For any queries regarding specific hedgerows in the county please contact the conservation department on 01432 260500 or email info@herefordshire.gov.uk

You can view hedgerow notices held in the statutory register at the Hereford Centre, Franklin House, 4 Commercial Road, Hereford.

Back to top

Hedgerows and planning

The Council will normally seek to retain hedgerows on development sites unless there are exceptional circumstances that merit removal. Compensation proposals for loss of hedgerow will be expected to accompany planning applications. Further guidance is available in the Council's Biodiversity SPG (page 28). The Council also has general planting specifications for guidance.

Back to top

Hedgerow cutting

Ideally hedgerows should be cut in January or February as this means that wildlife will have opportunity to take advantage of the nuts and berries produced in the autumn. The bird breeding season, 1 March to 31 August, should be avoided; nearly every hedgerow will have birds breeding in it during this time. All wild birds, their young, their eggs and active nests are protected under law. It is an offence to damage a nest intentionally while it is in use or being built; hedge cutting is highly likely to damage nests or cause them to be deserted. Click here for RSPB guidance on nesting birds and the law.

Back to top

High hedges

Please note that High Hedges issues are dealt with by the Environmental Health department. For further information, please visit the High Hedges page.

Back to top