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The Hedgerow Regulations-
Removal of Hedgerows

Removal of Hedgerows:

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

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

3. Who can seek permission to remove a hedgerow?

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

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

6. How long does a permission last?

7. If the permission is refused, can I challenge the hedgerow retention notice?

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

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 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 vegitation 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 in 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;
  • 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 in England.

Normal management of your hedgerow does not require prior permission.

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2. Does removing a hedgerow just mean grubbing it up?
No. Removal also includes other action that result in the hedgerow being destroyed, but coppicing, laying and the removal of dead or diseased shrubs or trees are treated as normal management.

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3. Who can seek permission to remove a hedgerow?
Only the landowner, agricultural tenant, farm business tenant or certain utilities, such as gas companies.

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4. How do I ask for permission to remove a hedgerow?
You will need to obtain a hedgerow removal notice form from the Environment Reception, Council Offices, Knowle, Sidmouth, Devon EX10 8HL (open 8.30am to 5.00pm, Monday to Friday) or by requesting one to be posted to you by e-mailing: planning@eastdevon.gov.uk

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5. What happens after the authority have received the notice?
The hedgerow site will be visited and assessed, and the local parish council will be consulted. The hedgerow will be assessed to determine if it is "important". To be important, the hedgerow must be at least 30 years old and meet certain criteria. The Development Control section can advise you of what these criteria are.

If the hedgerow is deemed to be "not important" then you will be advised in writing 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.
If the hedgerow is deemed to be "important" then a decision will have to be made on the justification for its removal - if permission is therefore refused a hedgerow retention notice will be issued.

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6. How long does a permission last?
2 years from either the date of the written permission - this permission is for the work set out in your proposal, and no more.

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7. If the permission is refused, 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 decision - the hedgerow retention notice will explain how to do this.

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8. What if I remove a hedgerow without asking for permission?
It is a criminal offence, unless one of the exceptions applies, to deliberately remove a hedgerow without permission, which if tried in court could result in a £5,000 fine. The Council has legal powers to ensure that you plant another hedgerow in its place.

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Page last updated on 25 May 2012