Defendant destroying 100m of hedgerow — Local authority prosecuting under Hedgerow Regulations 1997 — Whether total removal amounting to “proper management” under regulation 6
The defendant was the owner of agricultural land that was bisected by hedgerow. Over a period of years, the hedgerow had become diseased and consequently posed a danger to livestock. In 2001, the defendant removed the hedgerow without notifying the appellant local authority, as required by the Hedgerow Regulations 1997. The appellants brought proceedings against the defendant.
At first instance, the magistrates held that the removal amounted to “proper management” of the hedgerow within the meaning of regulation 6 of the 1997 Regulations. The appellants appealed that decision on the ground, inter alia, that it was perverse. They contended that the point of the legislation was to revitalise hedgerows, in that they could be cut to ground level but only so as to encourage healthy regrowth.
Held: The appeal was dismissed.
Regulation 6(1)(j) of the Hedgerow Regulations 1997 allowed for the removal of any hedgerow as required for proper management. A true construction of those words allowed for the total removal of the hedgerow.
The 1997 Regulations did not state whether regulation 6 provided a defence that imposed either a persuasive burden upon the defendant or an evidential burden upon the prosecution. However, in the circumstances, the magistrates were clearly satisfied that any such burden had been satisfied, since evidence had been given by an expert witness who had advised the defendant that the hedgerow should be totally removed.
The decision in this case did not give carte blanche to any unscrupulous landowner to circumvent legislation designed to protect the countryside; the regulations gave a local authority the power to impose sanctions upon anyone who attempted to flout the regulations.
Andrew Thomas (instructed by the solicitor to Conwy County Borough Council) appeared for the appellants; James Ageros (instructed by Swayne Johnson & Wight, of Denbigh) appeared for the defendant.
Vivienne Lane, barrister
