OpenLegislation

Regulation 6 Permitted workI1C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C29C30C31C32

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C33C34C35C36C37C38C39C40C41(1)

The removal of any hedgerow to which these Regulations apply is permitted if it is required—

(a)

for making a new opening in substitution for an existing opening which gives access to land, but subject to paragraph (2);

(b)

for obtaining temporary access to any land in order to give assistance in an emergency;

(c)

for obtaining access to land where another means of access is not available or is available only at disproportionate cost;

(d)

for the purposes of national defence;

(e)

for carrying out development for which planning permission has been granted or is deemed to have been granted, except development for which permission is granted by article 3 of the Town and Country Planning General Permitted Development Order 1995f1 in respect of development of any of the descriptions contained in Schedule 2 to that Order other than Parts 11 (development under local or private Acts or orders) and 30 (toll road facilities);

(f)

for carrying out, pursuant to, or under, the Land Drainage Act 1991f2, the Water Resources Act 1991f3 or the Environment Act 1995f4, work for the purpose of flood defence or land drainage;

(g)

for preventing the spread of, or ensuring the eradication of—

(i)

any plant pest, within the meaning of the Plant Health (Great Britain) Order 1993f5, in respect of which any action is being, or is to be, taken under Article 22 or 23 of that Order, or

(ii)

any tree pest, within the meaning of the Plant Health (Forestry) (Great Britain) Order 1993f6, in respect of which any action is being, or is to be, taken under Article 21 or 22 of that Order;

(h)

for the carrying out by the Secretary of State F1or a strategic highways company of his F2or its functions in respect of any highway for which he F3or it is the highway authorityf7 or in relation to which, by virtue of section 4(2) of the Highways Act 1980, he or it has the same powers under that Act as the local highway authority;

(i)

for carrying out any felling, lopping or cutting back required or permitted as a consequence of any notice given or order made under paragraph 9 of Schedule 4 to the Electricity Act 1989f8 (felling, lopping or cutting back to prevent obstruction of or interference with electric lines and plant or to prevent danger); or

(j)

for the proper management of the hedgerow.

(2)

Where the removal of a hedgerow to which these Regulations apply is permitted by these Regulations only by paragraph (1)(a), the person removing it shall fill the existing opening by planting a hedge within 8 months of the making of the new opening.

(3)

The fact that work is permitted under these Regulations does not affect any prohibition or restriction imposed by or under any other enactment or by any agreement.

F4(4)

In paragraph (1)(h) “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.

Annotations

Textual amendments

F1

Words in reg. 6(1)(h) inserted (1.4.2015) by The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/377), reg. 1(2), Sch. para. 35(2)(a)

F2

Words in reg. 6(1)(h) inserted (1.4.2015) by The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/377), reg. 1(2), Sch. para. 35(2)(b)

F3

Words in reg. 6(1)(h) inserted (1.4.2015) by The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/377), reg. 1(2), Sch. para. 35(2)(c)

F4

Reg. 6(4) inserted (1.4.2015) by The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/377), reg. 1(2), Sch. para. 35(3)

Modifications

C1

Reg. 6 modified (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 6 (with arts. 37, 38, Sch. 9 para. 19)

C2

Reg. 6 modified (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 8 (with arts. 12, 13, Sch. 12 Pt. 1 para. 19, Pt. 2 para. 6, Pt. 3 para. 5, Pt. 4 para. 4, Pt. 5 para. 4)

C3

Reg. 6 modified (28.11.2014) by The Walney Extension Offshore Wind Farm Order 2014 (S.I. 2014/2950), arts. 1, 7 (with arts. 38, 39)

C4

Reg. 6 modified (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 8 (with Sch. 8 para. 10)

C5

Reg. 6 modified (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 8

C6

Reg. 6 modified (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 30(5) (with arts. 37, 38)

C7

Reg. 6 modified (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 6(1) (with arts. 39, 40, Sch. 8 para. 19)

C8

Reg. 6 modified (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 36

C9

Reg. 6 modified (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 6 (with arts. 36, 37, Sch. 8 para. 34)

C10

Reg. 6 modified (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 43

C11

Reg. 6 modified (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706), arts. 1, 7(1) (with arts. 41, 42, Sch. 16 para. 66)

C12

Reg. 6 modified (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 6(1) (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)

C13

Reg. 6 modified (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 7(1) (with arts. 41, 42, Sch. 17 para. 66)

C14

Reg. 6 modified (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 7(1) (with arts. 41, 42, Sch. 16)

C15

Reg. 6 modified (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), arts. 1(2), 6(1) (with arts. 40, 41)

C16

Reg. 6 modified (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), arts. 1(2), 6(1) (with arts. 40, 41)

C17

Reg. 6 modified (27.4.2022) by The Little Crow Solar Park Order 2022 (S.I. 2022/436), arts. 1, 6(1)

C18

Reg. 6 modified (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), arts. 1, 6(1) (with arts. 6(2), 42, 43, Sch. 9 Pt. 1 para. 4, Pt. 3 para. 6(1), Pt. 4 para. 20, Pt. 9 para. 4)

C19

Reg. 6 modified (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), arts. 1, 6(3) (with Sch. 15)

C20

Reg. 6 modified (17.2.2025) by The Heckington Fen Solar Park Order 2025 (S.I. 2025/85), arts. 1, 6(3) (with art. 43, Sch. 13)

C21

Reg. 6 modified (4.4.2025) by The North Lincolnshire Green Energy Park Order 2025 (S.I. 2025/362), arts. 1, 11(1) (with Sch. 14)

C22

Reg. 6 modified (28.4.2025) by The Rampion 2 Offshore Wind Farm Order 2025 (S.I. 2025/468), arts. 1, 6(1) (with arts. 47, 48, Sch. 10)

C23

Reg. 6 modified (25.6.2025) by The M5 Junction 10 Development Consent Order 2025 (S.I. 2025/795), arts. 1, 3(2) (with arts. 4, 43, Sch. 9)

C24

Reg. 6 modified (11.7.2025) by The Oaklands Farm Solar Park Order 2025 (S.I. 2025/739), arts. 1, 6(2) (with Sch. 10)

C25

Reg. 6 modified (22.10.2025) by The A46 Newark Bypass Development Consent Order 2025 (S.I. 2025/1090), arts. 1, 3(2) (with arts. 4, 9, 51, Sch. 9)

C26

Reg. 6 modified (5.11.2025) by The Tillbridge Solar Order 2025 (S.I. 2025/1105), arts. 1, 6(3) (with art. 49, Sch. 15)

C27

Reg. 6 modified (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), arts. 1, 8(2) (with art. 40, Sch. 13)

C28

Reg. 6 modified (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), arts. 1, 8(h) (with arts. 39, 40, Sch. 9)

C29

Reg. 6 modified (25.2.2026) by S.I. 2023/734, art. 6(5) (as inserted by The Longfield Solar Farm (Amendment) Order 2026 (S.I. 2026/397), arts. 1, 6)

C30

Reg. 6 modified (4.3.2026) by The Outer Dowsing Offshore Wind Farm Order 2026 (S.I. 2026/138), arts. 1(2), 6(1) (with arts. 42, 43, Sch. 18)

C31

Reg. 6 modified (5.6.2026) by The North Falls Offshore Wind Farm Order 2026 (S.I. 2026/567), arts. 1, 6(a) (with arts. 44, 45, Sch. 14)

C32

Reg. 6 modified (14.9.2026) by The Beacon Fen Energy Park Order 2026 (S.I. 2026/1025), arts. 1, 8(2) (with art. 39, Sch. 11 para. 131)

C33

Reg. 6(1) applied (with modifications) (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 3(1)

C34

Reg. 6(1) modified (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 10(8) (with arts. 40, 41, Sch. 12)

C35

Reg. 6(1) modified (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 11(2) (with arts. 40, 41)

C36

Reg. 6(1) modified (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 9 (with art. 39)

C37

Reg. 6(1) modified (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), arts. 1, 6(2) (with arts. 35, 36, Sch. 14)

C38

Reg. 6(1) modified (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), art. 1, Sch. 15 para. 1 (with art. 40, Sch. 14)

C39

Reg. 6(1) modified (30.4.2026) by The Springwell Solar Farm Order 2026 (S.I. 2026/419), arts. 1, 6(3) (with art. 48)

C40

Reg. 6(1) modified (5.6.2026) by The Dogger Bank South East and West Offshore Wind Farms Order 2026 (S.I. 2026/577), arts. 1, 6(2) (with arts. 40, 41, Sch. 15)

C41

Reg. 6(1) modified (30.7.2026) by The One Earth Solar Farm Order 2026 (S.I. 2026/934), arts. 1, 6(3) (with art. 47)

Commencement

I1

Reg. 6 in force at 1.6.1997, see reg. 1

Footnotes

f1

S.I. 1995/418.

f2

1991 c. 59. See the definition of “drainage” in section 72(1), as substituted by the Environment Act 1995 (c. 25), section 100(2).

f3

1991 c. 57. See the definition of “drainage” in section 113(1), as amended by the Environment Act 1995, section 100(1).

f4

1995 c. 25. See, in particular, section 2(1)(a)(iii).

f5

S.I. 1993/1320; a relevant amending instrument is S.I. 1995/1358. The definition of “plant pest” is contained in article 2(1) of the Order.

f6

S.I. 1993/1283. The definition of “tree pest” is contained in article 2(1) of the Order.

f7

See Part I of the Highways Act 1980 (c. 66).

f8

1989 c. 29.