Remove or manage hedgerows lawfully

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 qualifies, the local planning authority is more likely to issue a hedgerow retention notice preventing its removal.

A hedgerow is classified as important only if it meets both parts of a two-part test: it must have existed for 30 years or more, and it must satisfy at least one of the criteria in Schedule 1 Part II of the Regulations. Age alone is not enough.

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

The local planning authority assesses these criteria when it receives your removal notice. If the hedgerow is at least 30 years old and qualifies under one of the criteria, 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.

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.

Managing agricultural hedgerows in England: the 2024 Regulations

Separate from the removal regime, the Management of Hedgerows (England) Regulations 2024 (in force since 23 May 2024) set legally binding management rules for hedgerows growing on or next to agricultural land in England. These replaced the equivalent cross-compliance rules after cross-compliance ended on 31 December 2023.

• 2-metre buffer strips: You must establish and maintain a buffer strip measured 2 metres from the centre of the hedgerow. Within the buffer you must not cultivate the ground or apply pesticides or fertilisers (limited exceptions apply)
• Cutting and trimming ban: You must not cut or trim a hedgerow between 1 March and 31 August (the main bird nesting season). Exceptions apply, and the Rural Payments Agency (RPA) can grant derogations - including cutting in August to sow oilseed rape or temporary grass, provided you notify the RPA first
• Enforcement: The RPA enforces these rules, taking an advice-led approach backed by civil sanctions for breaches

These management rules apply in England only and operate alongside (not instead of) the Hedgerows Regulations 1997 removal regime described above.

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.