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are hedges protected in a conservation area?


John Shutler
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If you believe the trees are covered by being in the CA (which I don't feel they are) who ever dug the trench could be be in trouble.

 

my thoughts exactly, I personally don't think they are covered by the conservation area so not a matter for the local planning authority, there could be a civil claim for damage to the hedge if they could be bothered to argue it, but would be dependant on the hedge declining (I don't think it will)

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my thoughts exactly, I personally don't think they are covered by the conservation area so not a matter for the local planning authority, there could be a civil claim for damage to the hedge if they could be bothered to argue it, but would be dependant on the hedge declining (I don't think it will)

 

As the trees are not protected, if the trench is in land not owned by the hedge owner there may be no civil case, you have the right to cut roots that trespass onto your land, so long as the tree is not protected, as far as I'm aware.

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Had this conversation with our local tree officer laurel hedge in conservation area with 125mm + base and was told to proceed not a problem.

 

+ 1 :thumbup1: the only hedgerows to be aware of are ancient hedgerows. I have dropped a courteous email to the TO in sensitive con areas to inform him in case people get arsey, but that's as far as it needs to go.

PS, do check that no trees in a hedgerow are protected, never come across it yet but who knows? No applicable in Johns query though.

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As the trees are not protected, if the trench is in land not owned by the hedge owner there may be no civil case, you have the right to cut roots that trespass onto your land, so long as the tree is not protected, as far as I'm aware.

 

Irregardless of statutory protection, if root severance leads to a loss of a hedge or tree, a civil liability is likely to arise. The common law right is limited in its application

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Irregardless of statutory protection, if root severance leads to a loss of a hedge or tree, a civil liability is likely to arise. The common law right is limited in its application

 

 

I feel someone should tell you this.

 

I'm sorry if this upsets you but...

 

 

..."irregardless" is NOT a word!!!

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Yes, it is covered, email the tree officer of your intention, he will probably tell you to get on with it and not bother in future, but at least you will have a cover note for the future, it's best NOT to piss a tree officer off by ignoring the rules.

I have to deal with tree officers every day, it's very tedious BUT I'd rather have a good relationship with them than having them say no when it's a big job!

 

 

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I feel someone should tell you this.

 

I'm sorry if this upsets you but...

 

 

..."irregardless" is NOT a word!!!

 

You're correct sir:thumbup1: after a twenty two hour day and a poor nights sleep my apologies, I don't know what I was thinking about.

 

I'll sleep so much better tonight, knowing that due to these circumstances, I was able to avail somebody the opportunity and satisfaction of correcting my poor use of language.:thumbup:

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