Question
The National guidance for Countryside hedgerows: protection and management clearly states that a hedgerow is deemed to be protected if it meets any of a number of criteria. We understand the field South of Cutbush Lane, Shinfield meets the criteria below and therefore should have been seen as protected. This National guidance also states the bird nesting period to be between 1 March and 31 August. As this year has enjoyed a record breaking warm Feb nesting is highly likely to have started much earlier. Can the Council please explain what actions they are undertaking with the landowner who has not only destroyed the protected hedgerows knowingly in the nesting season but has also removed approximately 500 trees, some of which had been there for over 30 years?
From Countryside hedgerows: protection and management
A hedgerow is a boundary line of bushes which can include trees and is protected if it’s:
· more than 20m long with gaps of 20m or less in its length
· less than 20m long, but meets another hedge at each end
· any stretch within the above
· A hedgerow is protected if it’s on or next to:
· land used for agriculture or forestry
A hedgerow is important (and is protected) if it’s at least 30 years old and meets at least one of these criteria:
· is part of a field system or looks to be related to any building or other feature associated with the field system that existed before the Inclosure Acts (that is before 1845).
Minutes:
The National guidance for Countryside hedgerows: protection and
management clearly states that a hedgerow is deemed to be protected
if it meets any of a number of criteria. We understand the field
South of Cutbush Lane Shinfield meets
the criteria below and therefore should have been seen as
protected. This National guidance also
states the bird nesting period to be between 1 March and 31
August. As this year has enjoyed a
record breaking warm Feb nesting is highly likely to have started
much earlier. Can the Council please
explain what actions they are undertaking with the landowner who
has not only destroyed the protected hedgerows knowingly in the
nesting season but has also removed approximately 500 trees, some
of which had been there for over 30 years?
From Countryside hedgerows: protection and management
A hedgerow is a boundary line of bushes which can include trees and is protected if it’s:
· more than 20m long with gaps of 20m or less in its length
· less than 20m long, but meets another hedge at each end
· any stretch within the above
· A hedgerow is protected if it’s on or next to:
· land used for agriculture or forestry
A hedgerow is important (and is protected) if it’s at least 30 years old and meets at least one of these criteria:
· is part of a field system or looks to be related to any building or other feature associated with the field system that existed before the Inclosure Acts (that is before 1845)
Answer
Officers have investigated the reported works and it was found that none of these tree or scrub clearance works required consent from the Council. Landscaping generally falls outside the remit of the Town and Country Planning Act unless the site is within a Conservation Area or there are Tree Preservation Orders served on the site. Neither of these designations apply to the land to the south of Cutbush Lane. It should be noted that landscaping work can take place within the nesting season, however the wilful destruction of trees and hedgerows that comprise nests is a criminal offence which would be a matter for the police. The works undertaken by Bellway have been supervised by an Ecologist and the Council’s Compliance Officer has visited the site on several occasions to monitor what work has been carried out. It has been determined that these have been outside of the control of the Town and Country Planning Act, therefore the Council has no powers to prevent these.
The Hedgerows Regulations (1997) protect countryside hedgerows based primarily upon their historical and ecological importance. Landowners that wish to remove a countryside hedgerow that meets the key importance criteria are required to apply to the local planning authority for permission. The LPA has 42 days to respond to the application and can then issue either a written notice giving permission to remove it or a hedgerow retention notice if the hedge is protected and must be kept. In this case the Council is not aware of any hedgerows that would meet the key importance criteria that have been removed on this site.
Supplementary Question:
The National Guidelines for Land Maintenance are clear. The pictures, which I was not allowed to put on the agenda but I will leave some copies here if anyone cares about their wildlife and their habitat, I will leave them here as well. This is not just maintenance of a site. This is not trimming of brambles. It is nothing short of wanton destruction of significant wildlife habitat, knowingly against recognised guidelines. A local farmer said on seeing what had been done, and I quote “no self-respecting farmer would even think of doing this in this way and at this time of year.”
Bellway have kindly sent me a copy of their ecology expert’s report for the site in order to justify their action. It is actually dated after the action. Covering one’s back maybe. As one Shinfield Councillor said, and quite rightly, Bellway the developer are likely to be covered by University insurance so not a lot that the Council can do, and I understand that. This action raises the question of what is right. If you can find time to look at these pictures I will leave them here and I know that some of them have been distributed. This event raises the question of are there different rules for developers and residents? If a resident knocks down a single tree before being awarded planning permission what would the Council say? Would it be that we can do nothing? We know that not to be the case. Can Wokingham Borough Council please assure residents that they have and operate a fair and equitable approach to planning where residents are treated the same as developers, and Shinfield is treated the same as all the other wards?
Supplementary Answer:
That is a huge question. Mr Frewin I am really very pleased to follow up on the evidence that you have and to reply to you outside of the Chamber.
As far as the larger question is concerned, the answer is yes of course.