Guide
Remove or manage hedgerows lawfully
How to remove a hedgerow lawfully under the Hedgerows Regulations 1997. Covers when a hedgerow removal notice is required, 'important hedgerow' criteria, the 42-day application process, local planning authority powers, exemptions for agriculture and planning permission, penalties for unlawful removal, and interaction with ancient woodland protections.
When you need a hedgerow removal notice
If you plan to remove a hedgerow in the countryside, you will usually need to submit a hedgerow removal notice to your local planning authority before any work begins. The Hedgerows Regulations 1997 protect countryside hedgerows from removal without permission, and removing a protected hedgerow without proper notice is a criminal offence.
This requirement applies to landowners, farmers, developers, and anyone else proposing to remove all or part of a hedgerow. It covers complete removal and grubbing out, but does not apply to normal hedgerow management such as trimming, laying, or coppicing.
Before removing any hedgerow on agricultural land, common land, or land used for keeping horses, check whether you need to submit a notice. Even where an exemption applies, you should consider whether the hedgerow may qualify as an important hedgerow that the local planning authority would seek to protect.
What makes a hedgerow 'important'
The Hedgerows Regulations set out specific criteria for classifying a hedgerow as important. If a hedgerow meets any of these criteria, the local planning authority is more likely to issue a hedgerow retention notice preventing its removal.
A hedgerow may be classified as important if it satisfies one or more of the following tests:
Archaeological and historical criteria
- It marks the boundary of a historic parish or township that existed before 1850
- It incorporates an archaeological feature recorded on the Historic Environment Record
- It is an integral part of a field system that pre-dates the Inclosure Acts
Ecological criteria
- It contains at least 7 woody species in a 30-metre section (or 6 woody species if it also has associated features such as a ditch, bank, or parallel hedgerow)
- It contains species protected under the Wildlife and Countryside Act 1981, or supports protected birds, animals, or other species listed in Schedule 1, 5, or 8 of that Act
- It is adjacent to a public right of way and contains at least 4 woody species per 30-metre section, together with certain additional features
Age criterion
- The hedgerow is 30 years old or more
The local planning authority assesses these criteria when it receives your removal notice. If the hedgerow qualifies as important, the authority can issue a retention notice preventing removal. If you are unsure whether your hedgerow meets these tests, consider commissioning a hedgerow survey from a qualified ecologist before submitting your notice.
The 42-day removal notice process
The hedgerow removal notice process gives the local planning authority time to assess the hedgerow and decide whether it should be retained. You must follow this process before beginning any removal work.
-
1. Confirm the hedgerow is covered by the Regulations
Check whether the hedgerow is 20 metres or more in length, or is connected to other hedgerows at each end (regardless of length). Confirm it is growing in or adjacent to land used for agriculture, forestry, or the breeding or keeping of horses, ponies, or donkeys, or on common land. Garden hedges and hedgerows in residential curtilage are not covered.
-
2. Check whether an exemption applies
You do not need a removal notice if the hedgerow is being removed to carry out development for which planning permission has been granted, to comply with a statutory plant health notice, or for national defence purposes. Normal management (trimming, laying, coppicing) does not count as removal. If an exemption applies, keep evidence of the exemption in case the local planning authority queries the removal.
-
3. Submit a hedgerow removal notice to the local planning authority
Complete the prescribed form and submit it to your local planning authority. Include a plan clearly showing the location of the hedgerow you intend to remove, the length of hedgerow affected, the reason for removal, and whether you believe the hedgerow meets any of the 'important hedgerow' criteria. There is no application fee.
-
4. Wait for the 42-day notice period
The local planning authority has 42 days from the date it receives your notice to respond. During this period, the authority will assess whether the hedgerow qualifies as 'important' under the Regulations. Do not begin removal work during this period.
-
5. Check the authority's response
The authority will either allow removal to proceed (by not issuing a retention notice within 42 days) or issue a hedgerow retention notice preventing removal. If 42 days pass without a response, you may proceed with removal. You must complete the removal within 2 years of the notice date, or submit a fresh notice.
-
6. If a retention notice is issued, consider your options
If the authority issues a hedgerow retention notice, you must not remove the hedgerow. The retention notice remains in force indefinitely unless varied or revoked. You may appeal the retention notice to the Secretary of State. If you disagree with the decision, seek advice before proceeding, as removing a hedgerow contrary to a retention notice is a criminal offence.
Exemptions from the removal notice requirement
Certain types of hedgerow removal are exempt from the notice requirement. Even where an exemption applies, consider whether alternative approaches (such as creating a gap rather than full removal) would achieve your objective.
Key exemptions
- Planning permission: If planning permission authorises hedgerow removal, you do not need a separate removal notice
- Garden hedges: Hedgerows within the curtilage of a dwelling house are not covered
- Short, unconnected hedgerows: Hedgerows less than 20 metres long that do not connect to other hedgerows at both ends are not covered
- Hedgerow management: Trimming, laying, and coppicing do not constitute removal
- Statutory plant health requirements: Removal to comply with a plant health notice
- National defence: Removal for national defence purposes
Agricultural operations
Routine agricultural use is not an automatic exemption. Farmers who wish to remove hedgerows to enlarge fields or change land use must still submit a removal notice. However, creating a temporary access gap of minimum width for agricultural machinery may not constitute 'removal' if the hedgerow is allowed to regrow. Seek guidance from your local planning authority if unsure.
Penalties for unlawful removal
Removing a hedgerow without submitting a removal notice, or removing one that is subject to a hedgerow retention notice, is a criminal offence under the Hedgerows Regulations 1997.
- On conviction in a magistrates' court, the penalty is an unlimited fine
- The court can order you to replant a replacement hedgerow of the same length and in the same position
- If you fail to replant as directed, the local planning authority can carry out the replanting and recover the costs from you
- Prosecution can be brought against the landowner, occupier, or any person who carried out or caused the removal
Local planning authorities actively monitor hedgerow removal and may investigate reports from the public. If you are unsure whether a notice is required, submit one as a precaution. The process is free and provides legal certainty.
Interaction with planning permission and other protections
Hedgerow protection interacts with several other regulatory regimes. Be aware of the following overlaps.
Planning permission
If your development requires planning permission and affects a hedgerow, the authority will consider hedgerow impacts as part of the planning process. A condition may require replacement planting. Where planning permission specifically authorises removal, a separate removal notice is not required.
Biodiversity net gain
Under the Environment Act 2021, most developments in England must deliver a minimum 10% biodiversity net gain. Hedgerows count as a habitat type in the biodiversity metric, so removing hedgerows increases the amount of offsetting required. Retaining and enhancing existing hedgerows is typically more cost-effective than replacing them.
Ancient woodland and veteran trees
If a hedgerow is adjacent to ancient woodland, the buffer zone recommendations may affect what you can do near the hedgerow. Hedgerows that connect areas of ancient woodland can function as important wildlife corridors.
What happens next
If the local planning authority allows your hedgerow removal to proceed, you have 2 years from the date of the original notice to complete the removal. After 2 years, the notice expires and you must submit a fresh one.
Before removing the hedgerow, check whether the hedgerow supports nesting birds. Under the Wildlife and Countryside Act 1981, it is an offence to intentionally destroy or damage a wild bird's nest while it is in use or being built. Hedgerow removal should be carried out outside the bird nesting season (generally March to August inclusive), or after a qualified ecologist has confirmed no active nests are present.
Consider whether you need to notify any agri-environment scheme administrators. If your land is in a Countryside Stewardship, Environmental Stewardship, or Sustainable Farming Incentive agreement, removing hedgerows may breach agreement terms and could result in clawback of payments.
If you are also planning to fell trees near the hedgerow, check whether a felling licence from the Forestry Commission or Tree Preservation Order consent from the local planning authority is needed. These are separate legal requirements.