UKTC Archive

RE: Hedgerow Regulations 1997 - Exemptions

Subject: RE: Hedgerow Regulations 1997 - Exemptions
From: Charles Bennett
Date: Dec 23 2010 11:14:13
Daniel

Removal of a hedgerow without the requisite notification is a criminal 
offence, whether or not it proves to be important.  You can enforce 
replacement and get the new gates planted up, if you wished, but it might 
look a bit odd if a notification is received to remove the remainder of the 
hedgerow, which if it is not important is then removed leaving the gate 
width, and now important hedge sections in situ.

I would make an assessment of the hedges as you would if you had received a 
notification, and this will give you an idea of how to proceed. I would also 
fire a warning shot to the landowner to stop them doing any more hedge 
removal without notification.

I've found that the Parish Tithe Maps are an excellent source of information 
in securing hedgerow retention. It would appear that East Sussex Tithe Maps 
are digitised and available to all, (well done to whoever achieved that), so 
hopefully this will help.

I have a pdf copy of the hedgerow regs guide to the law and good practice 
should you, or anyone else, want a copy. E-mail me off forum and I'll send it 
by return.

Charles

-----Original Message-----
From: Daniel Wynn [mailto:Daniel.Wynn@xxxxxx.gov.uk]
Sent: 23 December 2010 10:09
To: UK Tree Care
Subject: RE: Hedgerow Regulations 1997 - Exemptions

Charles

I'm juggling consideration of multiple access points through a
convoluted and ditched field pattern and a change from small-scale dairy
to intensive arable. Previously gated access' are up to 4m wide (about
12ft in old money) and they have been replaced with, in some cases more
than one, 11m+ openings.  It could be assumed that this is to allow
passage of an assembled harvesting machine.

"But if the hedge is not important then they could remove all of it,
subject to the necessary notification of course."

No notice received, so still assessing at this stage..........

DW


"Charles  Bennett" <CharlesB@xxxxxxxxx.gov.uk> 23/12/2010 09:38 >>>
Same width as the existing opening.

But if the hedge is not important then they could remove all of it,
subject to the necessary notification of course.

If the hedge is important I guess it is down to whether or not the
benefit of the hedge outweighs the inconvenience of dismantling the
machinery. Gains in farming efficiency are rarely enough to outweigh the
value of the hedge, no matter how small an amount of hedge is being
removed.

The strong presumption is in favour of the hedge and the reasons for
removing important hedges are likely to be exceptional, not just because
of a minor inconvenience.

I had a notice to widen an entrance into a field through an important
hedge by 3m to allow bigger machinery into the field. It was refused,
the owner appealed and lost.

Charles



-----Original Message-----
From: Daniel Wynn [mailto:Daniel.Wynn@xxxxxx.gov.uk]
Sent: 23 December 2010 09:19
To: UK Tree Care
Subject: Hedgerow Regulations 1997 - Exemptions

Dear Collective with agricultural knowledge/experience.

I have a few questions:

Under Chapter 4 of the 'Guide' -
"Exemptions
To make a new opening in substitution for an existing one which gives
access to land. "

So, how wide can the 'new' opening be? Which leads to the question: How
big/wide is the bed for a machine that harvests crops such as Sweetcorn
and is it normal or even reasonable to expect such a machine to be
partially dismantled to gain access to adjacent fields during the
harvest rush?

I'd actually appreciate an informal chat with someone with a firm grip
on agricultural operations of this nature.

Many thanks in advance

Dan Wynn
01273 XXXXXX



**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.

This footnote also confirms that this email message has been swept for
the presence of computer viruses.

Lewes District Council

Make a difference - reduce your waste.
Please do not print this email unless absolutely necessary.
**********************************************************************




--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/

______________________________________________________________________
This e-mail has been scanned for all viruses by Star. The
service is powered by MessageLabs. For more information on a proactive
anti-virus service working around the clock, around the globe, visit:
http://www.star.net.uk
______________________________________________________________________

Think before you print.  In the interests of saving paper, only print
this e-mail if really necessary.

Carlisle City Council’s priorities are the local environment and the
local economy

This e-mail and its attachments may include confidential information or
protectively marked material up to RESTRICTED, should be handled
accordingly and is solely for use by the intended recipient(s). If you
have received this e-mail and its attachments in error please notify the
sender immediately delete them and do not disclose, copy, distribute or
retain any part of them.
The views and opinions expressed by the author are not necessarily
those of Carlisle City Council.
Carlisle City Council has scanned this e-mail and its attachments to
ensure that they are virus free. The Council can take no responsibility
if a virus is actually present and you are advised to make the
appropriate checks to confirm that they are virus free.



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/





--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/

______________________________________________________________________
This e-mail has been scanned for all viruses by Star. The
service is powered by MessageLabs. For more information on a proactive
anti-virus service working around the clock, around the globe, visit:
http://www.star.net.uk
______________________________________________________________________

Carlisle City Council’s priorities are the local environment and the local 
economy

This e-mail and its attachments may include confidential information or 
protectively marked material up to RESTRICTED, should be handled accordingly 
and is solely for use by the intended recipient(s). If you have received this 
e-mail and its attachments in error please notify the sender immediately 
delete them and do not disclose, copy, distribute or retain any part of them.
The views and opinions expressed by the author are not necessarily those of 
Carlisle City Council.
Carlisle City Council has scanned this e-mail and its attachments to ensure 
that they are virus free. The Council can take no responsibility if a virus 
is actually present and you are advised to make the appropriate checks to 
confirm that they are virus free.



-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/