Hedgerows - Urban and Rural
High Hedges
In 2003 the Government
introduced new
legislation 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. A high hedge is
defined in the legislation as a line of two or more evergreen
trees or shrubs which have grown to a height of over two
metres (six feet and six inches) above ground level.
Contrary to popular belief, there
is no legally fixed height at which an evergreen hedge should
be maintained. A hedge "action height" is only decided upon after
the council has made a full assessment of each particular
situation and the issues involved. To see if the council can
help you with your hedge problem please have a look at the list in
section 4 of the Government guidance "High Hedges: Complaining to
the council".
High hedge problems in the Malvern
Hills district are dealt with by the Landscape Officer, part
of the Conservation Department of
Malvern Hills
District Council.The district council will not accept a formal
complaint unless you can demonstrate that you
have already made every effort to resolve the problem
with your neighbour. The steps you need to take are laid out in the
leaflet "Over the Garden Hedge". If the council are to take on the
complaint you will also have to pay a fee (£330) and fill in a
complaint form.
For a more information on high
hedge issues please try the following links:-
For help with dispute resolution
you might like to try:-
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.
Contact:-