Wealden District Council express disappointment at decision over removal of Uckfield hedgerow

Wealden District councillors have spoken of their disappointment at a decision to allow an appeal following the removal of a hedgerow in Uckfield
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Wealden District councillors have spoken of their disappointment at a decision to allow an appeal following the removal of a hedgerow in Uckfield.

The 50 metre long hedgerow on land in Coopers Green Road was removed in contravention of planning regulations. In November 2019, the council served a Hedgerow Replacement Notice on the landowners calling for it to be reinstated.

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It followed on from a site visit by council officers in October 2019 who observed 30 individual hedgerow trees being removed.

The 50 metre long hedgerow on land in Coopers Green Road was removed in contravention of planning regulationsThe 50 metre long hedgerow on land in Coopers Green Road was removed in contravention of planning regulations
The 50 metre long hedgerow on land in Coopers Green Road was removed in contravention of planning regulations

The landowners appealed against the notice and this month a government planning inspector allowed their appeal and quashed the Hedgerow Replacement Notice.

Councillor Newton said, “We are deeply disappointed at this decision. The fact we had to wait two and a half years for an inspection clearly had an effect as the damaged hedge was showing some signs of regrowth.

“We issued the notice to show that we will not tolerate perfectly healthy trees and hedgerows being removed. The inspector’s decision to allow the appeal is therefore particularly disappointing. It flies in the face of what we as a council try to do in terms of protecting species and safeguarded the environment.

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“Moreover, it sends the wrong signals to landowners who might be contemplating pre- planning application felling works to trees and hedges.”

The planning inspector said that while regulations state the removal of any hedgerow is prohibited, the appellants maintain the hedgerow has not been removed because the roots remain and are showing signs of re-growth.

During a visit to the site the planning inspector observed re-growth of hawthorn and hazel on around 23 stumps that has been trimmed to ground level or coppiced as well as a number of stumps where this had not occurred where rootstocks appear to have died.

The planning inspector said appropriate hedgerow management techniques, such as coppicing, may constitute an exemption of the regulations and this suggests that the majority of the plants have survived, albeit in a suppressed fashion.

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But the inspector did say that if it transpires that the hedgerow does not regrow as anticipated - and shading causes further losses - then it could reasonably be concluded that the appellants’ hedgerow management actions, whatever their intention, have ultimately led to its demise and hence its removal.

The inspector said: “Were this to occur then a new HRN might be justified but at the current time I find that this is not the case and that the works are beyond the scope of the regulations.”

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