Be careful before you start chopping down your obtrusive local hedge – according to government guidance, you could be in for a hefty fine if you break certain rules
It’s frustrating when a hedge starts to overgrow into your country laneway – but Brits need to beware of one important rule before whipping out their saw. Not all hedges can be cut down whenever you feel like it. According to UK government guidance, a countryside hedgerow can’t be cut down if it meets three important criteria in the realm of length, location and “importance”. Otherwise, you risk incurring an unlimited fine.
The first step to checking if you can chop a hedge down is taking out your tape measure. A hedgerow is protected if it’s more than 20m long and has gaps of 20m or less in its length. It’s also protected if it’s less than 20m long, but meets another hedge at each end.
You also need to take note of where the hedge is located. A hedgerow is protected if it’s growing on land used for agriculture or forestry, or for breeding or keeping horses, ponies or donkeys.
It’s also protected if it falls on common land, a village green, a site of special scientific interest, a protected European site such as a special area of conservation or special protection area.
You also may not chop a hedge down if it is in a local or national nature reserve, or on land belonging to the state. However, it’s worth remembering that a hedgerow is not protected if it’s either in or marks the boundary of a private garden.
But how do you tell if a hedge is “important”? A hedge is considered important if it is at least 30 years old and meets at least one other criteria.
These criteria are quite specific and include marking part or all of a parish boundary that existed before 1850, containing an archaeological feature, or being completely or partly in or next to an archaeological site listed on a Historic Environment Record (HER).
A hedge is also important if it marks the boundary of an estate or manor – or if it even looks to be related to any building or other feature that’s part of the estate or manor – that existed before 1600.
You may also not cut a hedge down if it is part of a field system or looks to be related to any building or other feature associated with the field system that existed before 1845. Gov.uk advises Brits to check the County Records Office for this information.
You also need to check if the hedge contains any protected species listed in the Wildlife and Countryside Act 1981, or any that are endangered, vulnerable and rare and identified in the British Red Data books.
It’s also essential to check if the hedgerow includes woody species and associated features as specified in Schedule 1, Part II Criteria, paragraph 7(1) of the Hedgerow Regulations. It’s worth bearing in mind that the number of woody species needed to meet the criteria is one less in northern counties