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Hedgerow trees and trees in fields

Important hedgerows (except garden hedges) in England and Wales which are more than 30 years old and over 20 metres in length are protected under the Hedgerow Regulations 1997. These regulations also protect trees within the hedge. The regulations do not apply to Scotland. Ancient hedgerows are relatively scarce in Scotland. Most boundaries prior to the late 18th century were stone walls or turf banks but there are remnants in the south and west of the country.

Hedgerows are often seen as defining features of landscape character. They are important for wildlife and provide important evidence of historic development. They can help to prevent soil erosion and water run-off; shelter and control livestock; and protect crops from wind. In recent decades there has been concern at the rate that hedgerows were disappearing (190,000 km of hedgerows lost in the last 50 years), mainly because they were deliberately being removed (e.g. to make larger fields) but also because they were no longer being managed traditionally.
 

The Hedgerow Regulations (open/close)

A hedge is a row of bushes forming a hedge, with trees etc growing in it. Permission to remove an important hedgerow has to be obtained from the local planning authority though there are permitted exceptions, for example when a field is totally enclosed by hedges with no means of entrance or exit. An important hedgerow (as defined in the Regulations) contains one of the following features:
  • marks a pre-1850 parish or township boundary
  • incorporates an archaeological feature
  • is part of or associated with an archaeological site
  • marks the boundary of, or is associated with, a pre-1600 estate or manor
  • forms an integral part of a pre-1845 field system
  • contains certain categories of species or animals or plants listed in the Wildlife and Countryside Act or Joint Nature Conservation Committee (JNCC) publications
  • includes:
    - at least seven woody species, on average, in a 30 metre length
    - at least six woody species, on average, in a 30 metre length and has at least three associated features (including trees)
    - at least six woody species, on average, in a 30 metre length , including a black poplar tree, or large-leaved lime, or small-leaved lime or wild service tree
    - at least five woody species, on average, in a 30 metre length and has at least four associated features
  • runs along a bridleway, footpath or road used as a public path, or a byway open to all traffic and includes at least four woody species, on average, in a 30 metre length and has at least two of the associated features listed below

The associated features are:

  • a bank or wall supporting a hedgerow
  • less than 10 percent gaps
  • on average, at least one tree per 50 metres
  • at least three species from a list of 57 woodland plants
  • a ditch
  • a number of connections with other hedgerows, ponds or woodland
  • a parallel hedge within 15 metres

Individual trees in hedgerows and fields (open/close)

Individual trees in rural landscapes may be protected by Tree Preservation Orders provided that they make a significant impact on their surrounding area. (see Tree preservation orders).

Financial Incentives for landowners to retain trees (open/close)

Since the late 1980s agri-environment schemes have been in operation (Environmentally Sensitive Areas and Countryside Stewardship in England, Tir Gofal in Wales, the Rural Stewardship Scheme in Scotland, and the Countryside Management Scheme in Northern Ireland) which may include payments to land managers for the planting, restoration and/or management of hedgerows.

Hedgerows Biodiversity Action Plan (open/close)

Ancient and/or species-rich hedgerows were included as a Priority Habitat in the UK Biodiversity Action Plan (BAP) published in 1995. The targets are to halt the loss of all hedgerows that are both ancient and species-rich by 2005; achieve favourable condition of 50% of these hedges by the same date; and maintain overall numbers of hedgerow trees throughout the UK.

Progress on the Hedgerows Action Plan is monitored by a Steering Group. Its members represent interested parties, including nominees of Government Departments, the statutory agencies, local authorities, utility companies and farming and conservation bodies. Defra is the lead partner for the action plan.

The Hedgerow Regulations 1997 are currently under review and the Woodland Trust and Ancient Tree Forum have made representations that ancient trees and ancient woodland as part of hedgerows should receive special recognition.

What you can do (open/close)

If an ancient tree is within an important hedgerow then the most appropriate way to protect it might be through the Hedgerow Regulations. Contact your local authority planning department for advice.

Find out more (open/close)

  • See the full Hedgerows Regulations (1997) - click here. A leaflet 'The Hedgerows Regulations: your question answered' provides a brief summary of the law - click here.
     
  • More detailed guidance is in
    The Hedgerows Regulations 1997: A Guide to the Law and Good Practice
    available from Defra, to send a email request click here.
     

  • For telephone enquiries for information on any aspect of Defra's work, the Defra Helpline can be contacted on 0845 9335577 between 09:00 and 17:00 Monday to Friday.
     
  • A Hedgerow Survey Handbook has been prepared on behalf of the Hedgerows Action Plan Steering Group. The Handbook provides comprehensive guidance on how to organise and undertake local hedgerow surveys. The document and survey forms can be viewed and downloaded - click here.
     
  • Find out more about Scheduled Ancient Monuments click here or phone the Department of Culture, Media and Sport on 020 7211 6200.
     

Related sections (open/close)

 

Disclaimer. This information is based on the experiences of the Woodland Trust and Ancient Tree Forum in dealing with cases of woods and trees under threat. While its content is intended to broaden understanding of the process, the Woodland Trust and Ancient Tree Forum do not accept liability for any errors or omissions or for any loss arising from use of the information contained herein by other parties. In any circumstances outside the knowledge and competence of an individual, he or she should always seek advice from an appropriate qualified professional such as a surveyor or solicitor depending on the case. None of the information on this web-page is to be relied upon as a statement of fact.

 

Campaigner's guide

Ancient woods and
trees


Protective designations

Other protective
regulations


The planning process

Campaigning

Guide in full



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