Hedgerows

Why protect hedgerows?

The Countryside Survey of 1990 found that 10% of hedgerows had been completely lost in the preceding 6 years. The subsequent rate of removal decreased significantly due to the Countryside Stewardship and Environmentally Sensitive Areas Schemes. In July 1992 the Hedgerow Incentive Scheme was introduced which provided grants towards the cost of maintaining hedgerows.

What legal protection exists?

The Environment Act 1995, Sections 97 - 99, when in force, will provide statutory protection for ‘important hedgerows’. Although due to be in place by July 1996 the government have not to date published the draft regulations or the draft criteria for defining ‘important’ in the context of hedgerows. The Regulations will make it an offence to remove or carry out prescribed acts in relation to certain protected hedgerows e.g. ancient parish boundaries.

Which hedgerows will be covered?

When in force, the legislation will cover rural hedgerows defined as ‘important’. This will exclude newly-planted hedges which will not be subject to notification.

What procedure must be followed for notification?

The notification scheme requires land managers to notify the local planning authority of any proposed removal or prescribed act being carried out on protected hedgerows. The local planning authority has 28 days in which to refuse the proposal otherwise the removal or other act may proceed. There is statutory provision for a right of appeal against the decision to the Secretary of State for the Environment.

Keys to Action

Other Information

Town and Country Planning Act 1990 Section 336 (1)

Environment Act 1995 Section 97 - 99

Countryside Stewardship Scheme

Environmentally Sensitive Areas Scheme

Hedgerow Incentive Scheme

 

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