Important hedgerows under the Hedgerows Regulations 1997
Countryside hedgerow removal runs on its own 42 day notice procedure. Here is which hedgerows are covered, what makes one important, and where the exemptions really apply.
Removing a countryside hedgerow is controlled by its own consent regime, separate from planning permission and separate from Tree Preservation Orders. Under the Hedgerows Regulations 1997 you serve a hedgerow removal notice on the local planning authority, wait 42 days, and either receive a hedgerow retention notice or are free to proceed.
Most farm hedgerows in England are caught. Garden hedges are not, and that distinction is where the confusion starts.
Which hedgerows the Regulations cover
The Regulations bite where three things line up.
The hedgerow is 20 metres or more in length, or shorter than that but meeting another hedgerow at each end.
It grows on or adjacent to land used for agriculture or forestry, land used for the breeding or keeping of horses, ponies or donkeys, common land, a village green, or protected land such as a site of special scientific interest or a local nature reserve.
And it is not within, or marking the boundary of, the curtilage of a dwelling house.
That last exclusion is the one that surprises people. A hedge round a garden is outside the Regulations entirely, however old and however species-rich it is, though it may still hold nesting birds and may still be protected by a planning condition.
The Regulations apply in England and Wales. Scotland and Northern Ireland have their own arrangements.
The criteria that make a hedgerow important
A hedgerow is important if it has existed for 30 years or more and meets at least one criterion in the schedule to the Regulations. The criteria split into two groups.
The historical and archaeological group covers hedgerows that mark a pre-1850 parish or township boundary, that incorporate an archaeological feature, that are part of a field system pre-dating the Inclosure Acts or are visibly related to a building of that date, or that are recorded as an integral part of a field system.
The wildlife and landscape group is largely about species counts and associated features, assessed along a 30 metre length. A hedgerow with a sufficient number of woody species qualifies. So does one with a slightly lower count combined with associated features such as a bank, a wall, a ditch, standard trees at intervals, connections to woodland or a parallel hedge. There are also criteria covering hedgerows that support certain protected or declining species, and those running alongside a public right of way.
Two practical points. The species count is done properly, along a measured length, by someone who can identify woody species reliably in the season available. And the historical criteria usually turn on a map search rather than a site visit, using the tithe map, the enclosure award and the first edition Ordnance Survey held by the county record office.
Where you are unsure, assume it is important and design around it. The cost of the assessment is trivial against the cost of getting it wrong.
Serving a hedgerow removal notice
The procedure is short and unforgiving.
- Establish that you own the hedgerow or have the owner's authority, and identify the land it is on.
- Complete the hedgerow removal notice, which requires a plan showing the hedgerow, its length, and evidence of its age where known.
- Serve it on the local planning authority for the area.
- Wait. The authority has 42 days to decide.
- If the authority serves a hedgerow retention notice within that period, the hedgerow cannot be removed and there is a right of appeal to the Secretary of State.
- If the authority gives written consent, or the 42 days pass without a retention notice, removal may go ahead within the period allowed.
The notice has to describe the length being removed accurately. A notice for 60 metres does not authorise removing 90.
Councils rarely refuse where the hedgerow does not meet the importance criteria, and rarely permit where it does. The useful work happens before the notice is served, in establishing which it is.
Exemptions for access and agriculture
The Regulations list circumstances in which no notice is needed. The commonly relevant ones include making a new opening as a replacement for an existing opening, obtaining temporary access in an emergency, obtaining access where no other reasonable means is available, works required under an enforcement notice, national defence, and highway, drainage or flood defence works carried out by the relevant body.
Removal in connection with development for which planning permission has been granted is also outside the notice procedure. That is the route most development schemes take, and it puts the hedgerow question into the planning application instead. The council will then look at it through landscape and ecology policy, and will often condition retention or replacement.
Do not treat "no other reasonable means of access" as elastic. It means what it says, and an alternative access that is merely less convenient is still an alternative.
Bird nesting, cutting seasons and the 2024 rules
Two other regimes sit alongside the Regulations and catch people who have complied with them.
Nesting birds are protected under the Wildlife and Countryside Act 1981. It is an offence to damage or destroy an active nest, and the breeding season runs broadly from March to August. That applies to any hedgerow, garden hedges included, and it applies whether or not you have consent to remove.
Separately, the Management of Hedgerows (England) Regulations 2024 introduced rules for hedgerows on agricultural land, covering a buffer strip and a cutting ban through the main nesting period, enforced by the Rural Payments Agency rather than by the council. The detail and the exemptions matter, and the regime has been amended, so check the current gov.uk guidance rather than working from a summary.
Where a hedgerow is being retained on a development site, a Preliminary Ecological Appraisal will pick up its value as a habitat and as a commuting route for bats and dormice. Councils expect a suitably qualified ecologist as author, and professional review is strongly advised.
Penalties and replacement requirements
Removing an important hedgerow without complying with the Regulations is a criminal offence, prosecuted in the magistrates court or on indictment, with an unlimited fine available on conviction. Enforcement is undertaken by the local planning authority.
The authority can also require replacement planting where a hedgerow has been removed in contravention. The replacement is expected to be of the same species composition where practicable, in the same position, and it is protected by the Regulations as though it were the original hedgerow.
An illustrative example. A farm partnership widens a field entrance by 40 metres to take a larger trailer, treating it as an access exemption. The hedge marks a parish boundary shown on the tithe map and contains nine woody species, so it is important. The exemption does not apply, because the existing opening was adequate for access and the works were for convenience. The council requires replanting of the full 40 metres with a matched species mix, and the partnership carries the cost of the planting, the protection and five years of maintenance. Two hours with the record office map before the digger arrived would have avoided all of it.
Getting the assessment done before the hedge comes out
The sequence that works is simple.
Order the historical maps from the county record office and check for parish boundaries and pre-enclosure field patterns. Commission a species survey along measured 30 metre lengths, in a season when the woody species can be identified. Record the associated features: bank, ditch, wall, standard trees, connectivity to woodland. Then decide whether the hedgerow is important, and design the scheme around the answer.
Where removal forms part of a development proposal, put the hedgerow into the Landscape Strategy and the tree and hedgerow survey work from the outset, so the council sees the retention and replacement proposals rather than a bare line on a demolition plan.
PlanScope drafts landscape and ecology planning documents structured to UK planning policy, with a "to be confirmed" flag wherever survey results are missing. This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it. Enter your postcode to see which reports your site is likely to need.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Do the Hedgerows Regulations apply to a garden hedge?
No. Hedgerows within, or marking the boundary of, the curtilage of a dwelling house are excluded from the Regulations entirely. They can still be protected by a planning condition, and nesting birds in them are still protected under the Wildlife and Countryside Act 1981, but no removal notice is needed.
How long does a hedgerow removal notice take?
The local planning authority has 42 days from receipt to respond. If it serves a hedgerow retention notice within that period, the hedgerow cannot be removed and you may appeal to the Secretary of State. If it consents in writing, or the 42 days pass with no retention notice, removal may proceed within the period allowed.
What makes a hedgerow important?
It must have existed for 30 years or more and meet at least one criterion in the schedule to the Regulations. Those cover pre-1850 parish boundaries, archaeological features, pre-enclosure field systems, woody species counts assessed along a 30 metre length, associated features such as banks and ditches, and support for certain protected or declining species.
Can I remove a hedgerow to make a field entrance?
Only within the terms of the exemptions. Making a new opening as a replacement for an existing one is exempt, as is obtaining access where no other reasonable means is available. Widening an adequate existing entrance for convenience is not covered, and treating the exemption loosely is a common route into a prosecution.
What happens if a hedgerow is removed unlawfully?
It is a criminal offence, prosecuted by the local planning authority in the magistrates court or on indictment, with an unlimited fine available. The authority can also require replacement planting, matched to the original species composition and position where practicable, and the replacement is then protected as though it were the original.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.