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Regulation 3 Hedgerows to which these Regulations apply

Original text. Later amendments are not shown.

(1)

These Regulations apply to any hedgerow growing on land used for agriculture if that hedgerow has—

(a)

a continuous length of 20 metres or more; or

(b)

a continuous length of less than 20 metres and, at each end, meets (whether by intersection or junction) another hedgerow,

except where the hedgerow is a hedgerow of a kind described in paragraph (2).

(2)

A hedgerow described in this paragraph is any hedgerow within the curtilage of, or marking a boundary of the curtilage of, a dwelling house.

(3)

These Regulations also apply to a stretch of hedgerow forming part of a hedgerow described in paragraph (1).

(4)

Where a hedgerow meets (whether by intersection or junction) another hedgerow, it is to be treated as ending at the point of intersection or junction.

(5)

When ascertaining the length of a hedgerow for the purposes of these Regulations, any gap—

(a)

resulting from a contravention of the Hedgerows Regulations 1997f1; or

(b)

not exceeding 20 metres,

is to be treated as part of the hedgerow.

(6)

For the purposes of this regulation—

  • “a hedgerow growing on land used for agriculture” includes any hedgerow growing on land adjacent to land used for agriculture which is owned by the owner of the hedgerow; and

  • “gap”, in relation to a hedgerow, means any opening (whether or not it is filled).

Annotations

Footnotes

f1

S.I. 1997/1160; as amended by the Countryside Rights of Way Act 2000 (c. 37) and by S.I. 2003/2155, 2006/1177, 2009/1307, 2013/755 and 2015/377.