Tree seeds 2008 conference
Tree seeds 2008 conference

A hedge or an avenue of trees?

Cupressus Leylandii exonerated! High Hedges Legislation Test Case?

Here in Dorset we have been involved in fighting a case where a line of Cupressus trees were to have been cut back to the statutory 11m when the local council prepared to issue an Anti-Social Behaviour Order on the owners. Although planted as an avenue of trees they were considered a hedge by the local district council. However, the shading effect was in question so the Remedial Notice was not served.

We were involved in the site visit and put the case for retaining the trees. The complainant then went to appeal. Our comments were noted and the trees were saved when the inspector ruled against a Remedial Notice. However, although pointing out that the natural shape of individual trees meant there were considerable gaps, he did not dispute them being regarded as a hedge. This is something that urgently needs clarification at government level. Cupressus of the Leylandii species may not be the most valuable of landscape trees. However, they have a role in hiding unsightly buildings or providing wind shelter.

I recently enjoyed two weeks of bird creche in my (not planted by me) Cupressus in one corner of my garden. One family of birds after another took up the cover for young families, starting with goldcrests, then blue tits, great tits, long-tailed tits and ending up with a family of young woodpeckers!

However if, going back to the case, a line of evergreen yews were considered a High Hedge, we could certainly lose some of our national heritage.

Rachel Palmer, Chair, Dorset Branch


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