Urban and Rural Hedgerows
High Hedges
In 2003 the Government introduced
rules to enable councils to solve long running hedge disputes where
neighbours cannot agree upon a solution. The new legislation is
much needed by those people whose lives are being seriously
affected by high evergreen hedges.
Contrary to popular belief, there
is no legally fixed height at which an evergreen hedge should
be maintained. Every situation is judged on its own merits. It
should also be remembered that it is not illegal to have a high
hedge as long as it's not causing a confirmed and actionable
problem for your neighbour.
High hedge problems in the Malvern
Hills district are dealt with by the Environmental Health Department of Malvern
Hills District Council. Further information can be found on the
High Hedges Page.
Rural Hedgerows
Since 1st June 1997 it has been
against the law to remove most countryside hedgerows without
notifying the Local Planning Authority (MHDC). Removal does not
just include grubbing up but other actions that result in the
hedgerow being destroyed. Coppicing, layering and the removal of
dead or diseased shrubs or trees are treated as normal management.
Further guidance on protected hedgerows and hedgerow
removal may be found in the
Department of the Environment Farming and Rural Affairs leaflet
The
Hedgerow Regulations; Your Questions Answered.
Prior to the removal of a hedgerow
a
Hedgerow Removal Notice must be submitted to the Council for
consideration. The Council has 6 weeks in which to let you know
whether the hedgerow is to be retained. First of all a decision
must be made upon whether the hedgerow is important, then, the
reasons for removal are considered. There is however a strong
presumption that important hedgerows will be protected. If the
hedge is to be retained a Hedgerow Retention Notice is served. If
you do not hear within 6 weeks of the Council receiving your
Hedgerow Removal Notice you can remove the hedgerow, unless you
have agreed a longer timescale. Removal of a hedgerow without
permission is a criminal offence and you could face a fine in
either the Magistrates' or Crown Court.
Guidance notes are available for the completion of a
Hedgerow Removal Notice.
Hedgerow Management
Natural England has
published a useful document entitled Hedge Cutting:
Answers to 18 Common Questions that provides guidance to
farmers and other land managers about how often to cut hedges. It
will also help improve the wider rural community’s understanding of
hedge management. They also produce a companion leaflet to this
entitled Hedgerow Trees:
Answers to 18 Common Questions that should help land managers
to make decisions about how to encourage and look after hedgerow
trees. In particular it offers advice on how to plant and look
after young trees so there are younger generations to take over
from the old veterans that currently grace our countryside.
Further Help and Advice
Please visit or contact our Customer Service Centre:
Get In Touch - Contact Customer
Services
We value your comments about the service we provide we provide.
If you have any suggestions regarding possible improvements please
write to the Head of Planning Services or the Landscape Officer at
the Council House, Avenue Road, Malvern WR14 3AF or alternatively
email the Conservation
team.
