The protection of hedgerows in Wales report: response

Eich cyf/Your ref 
Ein cyf/Our ref:  MA/HIDCC/1379/25

July 2025

Dear Lynda,

I want to express my gratitude for “The Protection of Hedgerows in Wales” report. It is evident a substantial amount of work has gone into this important document, and it clearly articulates how vital our hedgerows are as landscape and cultural features, as priority habitats and as a valuable factor in climate mitigation and reversing biodiversity loss. Please pass on my thanks to members of the Interim Environmental Protection Assessor of Wales team, both past and present, and the students involved in the production of the report.  

Welsh Government accepts that, currently, many of our hedgerows are not faring well and we remain committed to bringing real positive change by offering support to landowners to rejuvenate existing hedgerows and increase the extent of them.

The delivery of the report is timely as we are close to completing the process of co-designing the Sustainable Farming Scheme, which will support farmers to take action to address the nature and biodiversity crisis alongside sustainable food production. Improved management and creation of hedgerows are expected to form an important part of the Sustainable Farming Scheme to provide benefits to both wildlife and livestock. I am pleased to see recognition of this in your report.

Together with my officials, I have carefully considered the recommendations contained in the report and our response to each recommendation is provided in the annex to this letter. We have made some progress already in improving protections for hedgerows and will build on these in future. During the period in which your report was being developed changes have been made to Planning Policy Wales which cover the recommendations in some instances. Other recommendations are, as you suggest, ones for consideration in the next Senedd term.

We will refer to your recommendations as we continue our efforts, now and in future, to ensure hedgerows are given the protections needed to ensure we maintain the high environmental standards that the people of Wales expect.

Yours sincerely,

Huw Irranca-Davies AS/MS

Y Dirprwy Brif Weinidog ac Ysgrifennydd y Cabinet dros Newid Hinsawdd a Materion Gwledig 

Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs

Recommendation 1

The Welsh Government should raise awareness of the importance of protecting hedgerows including by the provision of clear guidance for the public and local authorities on the requirements for the legal protection of hedgerows.

Accept in principle

Welsh Government recognises the importance of protecting hedgerows and we have already taken steps to do this. Planning Policy Wales, our published guidance for planning decisions, was updated in February 2024 to strengthen the protection of hedgerows (alongside the wider protection of trees and areas of woodland).  Paragraph 6.4.37 states that,

“Trees, hedgerows, groups of trees and areas of woodland are of great importance for biodiversity. They are important connecting habitats for resilient ecological networks and make an essential wider contribution to landscape character, culture, heritage and sense of place, air quality, recreation and local climate moderation. They also play a vital role in tackling the climate emergency by locking up carbon, and can provide shade, shelter and foraging opportunities, wider landscape benefits such as air and diffuse pollution interception, natural flood management, and building materials.”

In addition, hedgerows are listed as a priority habitat under Section 7 of Environment (Wales) Act 2016. Raising awareness consistently across sectors will make it easier to protect and enhance hedgerows. We will explore what further opportunities exist within the Nature Recovery Action Plan and Action Plan for Pollinators to promote this material, especially for Local Authorities, Local Nature Partnerships, and the wider public.

The Welsh Government remains committed to continuing to raise awareness of the importance of hedgerows in general day to day advocacy activities.  

Our Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill also includes a provision which will impose a duty on Welsh Ministers to promote awareness of the importance of biodiversity in Wales.

Recommendation 2

Welsh Government, in the next Senedd term, should legislate to provide legal protection of hedgerows in Wales that reflects their status as priority habitats. Welsh ministers should consult on whether this could best be achieved through substantial revision of the Hedgerow Regulations or by new primary legislation.

Accept in principle

We accept the regulations no longer reflect the status of hedgerows as priority habitats and consultation will be needed on future changes to reflect this.

The report advocates significant change to the regulations which, if the presumption to protect all domestic hedgerows is pursued, would require primary legislation.  We recognise this will require a decision on whether such primary legislation can be accommodated within the legislative programme for the next Senedd term.  

Recommendation 3

Regardless of the form this new protection takes, it should provide:

• a legal definition of ‘hedgerow’ to include any hedgerow longer than a prescribed minimum (to be determined and subject to evidence being obtained as to what this minimum should be) and associated features such as hedge banks and cloddiau;
• a definition of ‘other woody linear features’; and
• legal protection against removal for all hedgerows and other woody linear features unless authorised.

Accept in principle

Welsh Governments accepts in principle that a modern co-developed definition is needed. This would need be evidence-based and would require a consultation to take place.

Recommendation 4

Welsh Government, in the next Senedd term, should amend the provisions relating to authorised removal of a hedgerow to:

• make it a requirement for the local authority to consult NRW on the proposal to remove the hedgerow;
• place a duty on NRW to advise the local authority whether or not to issue a Hedgerow Retention Notice and to require the local authority to take account of this advice when making their decision;
• extend to NRW the same rights to enter land as are available to the local authority to inspect the hedgerow; and
• give power to the local authority to issue an extension notice in those situations where they are unable to assess the value of a hedgerow within the specified time period.

Reject

Welsh Government considers requiring the opinion of Natural Resources Wales (NRW) on each application would be unnecessary and a costly duplication of ecological expertise at this time. Planning authorities are the most appropriate level for individual applications to be assessed and they should have ecological expertise to undertake these assessments.  

Recommendation 5

The Welsh Government in the next Senedd term should remove ‘proper management of the hedgerow’ from the list of permitted works.

Accept in principle

We agree that removal of “proper management” from the list of permitted works would close a loophole that allows for the unjustified removal of hedgerows. However, this can only be delivered through amending the current Regulations or through new legislation. In addition to anticipated requirements for hedgerow management and additional Optional Actions for restoration under the Sustainable Farming Scheme (SFS), we recognise further work around training and guidance around acceptable hedgerow management practices would also be useful. We believe other activities usually associated with proper management, such as laying and trimming, should be allowed to continue as permitted activity.

Recommendation 6

The Welsh Government in the next Senedd term should amend the section on offences in the Regulations: 

• so that a person found guilty under Regulation 7 is issued with a mandatory Hedgerow Replacement Notice in addition to a fine; and
• to make it an offence to fail to comply with a Hedgerow Replacement Notice.

Accept in principle

Replacing removed hedgerows remains in the public interest irrespective of whether a prosecution is pursued.  We therefore agree that when the regulations are reviewed, offences associated with hedgerow replacement should be considered.

Recommendation 7

The Welsh Government should consider whether the option of civil sanctions may be appropriate.

Accept

An initial review of the current regulatory enforcement approach to hedgerow protection in Wales has been undertaken. It confirms Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) civil sanctions could be provided as an additional enforcement option and alternative to criminal prosecution, attached to the existing hedgerow criminal offences.

Recommendation 8

The Welsh Government should urgently, in this Senedd term as part of the changes to agricultural policy in Wales 

• provide financial support including capital grants to farmers to manage hedgerows in a sustainable manner so as to maintain and enhance their biodiversity value;
• include hedgerows in the SFS as part of the habitat area requirements in Universal Action 7 for Habitat Management;
• support and progress the Hedgerow Carbon Code;
• give due consideration to the possibility of additional payments as part of the Optional level of the SFS for having a proportion of hedges fruiting and flowering each year; and
• commission research and knowledge transfer events into the potential benefits of wildlife hedge laying techniques

Accept

Hedgerows are expected to be a fundamental part of the Universal layer of the SFS which includes specific requirements to ensure they provide multiple benefits including for biodiversity.

We are also working out how hedgerows in good condition could be included in the SFS requirement for farms to have 10% managed as habitat.

We will work with other devolved governments to explore how a robust standard for a UK Hedgerow Carbon Code could be developed.

The SFS Universal layer is being designed to increase the opportunity for hedges to fruit and flower. This is expected to be supported with additional creation and restoration actions in the Optional layer.

We will support farmers with advice and guidance, including knowledge transfer events to support positive hedgerow management.

Recommendation 9

The Welsh Government in the next Senedd term should consult on the best way of managing hedgerows on non-agricultural land.

Accept in Principle

Whilst it is a matter for the next government to decide how to take forward, we consider the town and country planning system is not suitable to protect hedgerows because vegetation removal does not constitute development.  We do however agree the benefits of enhanced legal protection for non-agricultural hedges, other than domestic hedges should be further explored.

Recommendation 10

The Welsh Government should urgently act to ban the use of netting of all hedgerows.

Reject

In June 2019, the then Minister for Housing and Local Government Julie James, wrote to all Heads of Planning, Development Industry Representative Bodies, and those organisations on the Help to Buy House Builders Distribution List to outline the Welsh Government’s view that the use of netting on trees and hedgerows as a routine practice is not supported.  In her letter the Minister made clear our position that netting should only be considered as a last resort, after a full consideration of alternatives and under exceptional circumstances following the grant of planning permission. We recognise that some time has passed since we wrote to the relevant authorities on this matter.

Therefore, we will write again to them to reiterate the Welsh Government’s position that the use of netting should not be routine practice and should be considered only as a last resort, and to remind them of relevant legislation and planning policy.

In compliance with the Wildlife and Countryside Act 1981, a total ban would limit the removal of hedgerows to the winter months outside of the birdnesting season. However, carrying out field operations on waterlogged land in the winter would make the task of hedgerow removal more difficult and potentially cause additional soil damage and run off.

Recommendation 11

In the interim, and until netting of hedgerows is banned, the Welsh Government should urgently issue guidance to local authorities explaining: 

• the presumption against netting at any time;
• the legal restraints on the use of netting; and
• the need for vigilance to detect unlawful netting.

Partly accept 

As part of the wider advocacy work on the protection of hedgerows conveyed in the Minister's letter referred to in the response to recommendation 10, our position regarding the vigilance of unlawful netting can be restated. To reduce potential harm to wildlife, good practice will be encouraged i.e. regular maintenance and checking of nets and allowing work outside of the bird nesting season, where appropriate and taking into consideration any impact on soil health, to avoid its need.

Recommendation 12

The Welsh Government should: 

• issue new or revised guidance on the Hedgerow Regulations;
• raise awareness of the existence of the guidance once published; and
• consider including in the guidance reference to best practice in hedgerow management.

Accept

Welsh government considers current guidance is outdated and does not reflect current policy. We will therefore consider co-developing guidance through a task and finish group.

Recommendation 13

The Welsh Government in this Senedd term should issue planning guidance to local authorities on the need to consider historical, archaeological, ecological and culture factors when considering an application for planning permission to remove a hedgerow.

Reject

We have made progress in this area with Planning Policy Wales being updated in February 2024 to include 

“hedgerows are important connecting habitats for resilient ecological networks and make an essential wider contribution to landscape character, culture, heritage and sense of place, air quality, recreation and local climate moderation.”  

Planning Policy Wales further states that, 

“native tree and hedge species help to define our cultural heritage and landscape, creating a strong sense of place and connection to the past”.

Recommendation 14

The Welsh Government take action to fund and provide an inventory of Welsh hedgerows, and we suggest that some of the collection of data may be undertaken via the SFS.

Reject

While we do not intend to produce an inventory of Welsh hedgerows at this time, we will instead continue to use high-quality evidence on national hedgerow extent and condition provided by ERAMMP, reinforced by scheme level data from the Sustainable Farming Scheme.