HEDGES, TREES AND BOUNDARIES: DON’T CUT CORNERS, THIS IS A THORNY ISSUE

Farmers often ask us, ‘can I just rip out that piece of hedge?’ or ‘can i just make a new gateway off the road?’ - and the most likely answer in both cases is no. 

In many cases hedges are protected under The Hedgerows Regulations 1997, which state that they are protected if they meet criteria relating to length, location, and ‘importance’.  They will come under the regulations if they are more than 20 metres long, with gaps of 20 metres of less, or if they are less than 20 metres long but meet another hedge at each end.

The location part of the regulations are more complex, but among the stipulations are that hedges are protected if they are on, or next to, land used for agriculture or forestry, common land, SSSI, or a nature reserve, to name but a few.

‘Importance’ generally refers to the age of the hedge; criteria include being at least 30 years old, as well as marking part a parish boundary, being next to an archaeological site, marking the boundary of an estate, or being part of a field system.

An assessment of the hedge should be made before proceeding any further, as works without consent to a protected hedge carry an unlimited fine.

This doesn’t mean you can’t do anything.  The regulations stipulate that you must discuss your proposal with the Local Planning Authority (LPA), and if they confirm consent is required, submit the necessary application.

The application process requires a plan showing location of the hedge as well as the requisite application form. We would advise including photographs as well.  Once acknowledged, the LPA has 42 days to respond, and there is the right to appeal their decision.

When it comes to carrying out the works you must avoid bird nesting periods and check whether you need a felling licence if your hedgerow include trees.  Other considerations include whether the hedge is part of an Environmental Stewardship Scheme and adherence to Cross Compliance Rules if claiming BPS.

Trees are another important part of our landscape and can be protected via a Tree Preservation Order (TPO). A TPO prevents a tree from being felled without consent from the LPA - which is unlikely to be given unless tree health is a problem.  Trees covered by TPOs can still be managed but all works should be completed by a suitably qualified arboriculturist, with a prior application to the LPA for (say) canopy reduction.

As for a new access off the road, these will always require planning permission, which can be more complicated that first thought.  For example, if the new access crosses a ditch, then it is likely you will also need consent from the lead local flood authority (in our case Norfolk County Council) who will need to see the design proposals for the culvert/crossing to ensure that it will not cause a flood issue.  The Highways authority will be concerned about visibility splays and what is known as vehicle tracking.  

As you can see significant protection is given to our landscape features (our ‘natural capital’) and so it pays to take advice in advance of undertaking any works.