Protected hedgerows must be of a continuous length of 20m or more, be on common land, protected land, or land used for agriculture, forestry, or the breeding or keeping of horses, ponies or donkeys. A protected hedgerow can only be removed if the LA has first been served with a ‘hedgerow removal notice’, which specifies the reason for the removal, and gives evidence of the date of planting (showing, on a plan, those stretches of the hedgerow that are less than 30 years old). If the council does not object within 42 days, then the landowner can remove the hedgerow (within two years of the date when he served his notice). But, if the LA decides it is an important hedgerow then it must respond by serving a ‘hedgerow retention notice’ which will prohibit the removal of the hedgerow.

However, Reg 6 does allow the removal of any hedgerow for specified reasons (in particular, making new access openings; temporary emergency access; carrying out a permitted planning development; for flood defence or land drainage; for preventing or eradicating pests; to prevent interference with electric lines; for proper management of hedgerows).

You can find details of all hedgerow notices received or served by using optional enquiry 21 of CON 29O. © Practical Lawyer