A FARMER has vowed to replant a ‘dead’ hedgerow after Durham County Council rejected her appeal over its removal.

Janet Sewell, of Windmill, near Toft Hill, County Durham, says she has no current plans to replace about 12 dead hawthorn bushes she dug up at Mill House Farm in 2014.

Mrs Sewell said she removed the bushes while replacing a stock fence and sought permission from the Upper Teesdale Agricultural Support Services (UTASS) and the Environment Agency before undertaking the work.

The requirements were checked with UTASS and the Environment Agency to make sure we were not breaking any rules because of the extreme difficulties we have to farm under here at Mill House," she said.

“At no point in time did we even consider that this was a matter for consideration for planning officers.”

However, the council served her with a Hedgerow Replacement Notice (HRN) after inspecting the site in June, arguing the hedgerow was still alive and should not have been removed.

She added: "Durham County Council was informed by the action group of Windmill of its removal and in August 2014 served us with an enforcement notice.

“This was after they came and witnesses the hedge being burnt in the presence of Durham Constabulary Officers.”

Mrs Sewell appealed against the HRN but the Planning Inspectorate dismissed it on August 11, with inspector Barney Grimshaw, concluding there were “no exceptional circumstances which outweigh the removal of an important hedge”.

In the report, he said it was not disputed that the hedgerow was more than 30 years old and had been included in the 1844 Tithe Plan for the Township of Barony of Evenwood; pre-dating the Inclosures Act of 1845.

He also said the council disputed Mrs Sewell’s claims that the hedge contained dead hawthorn trees as the council’s landscape officer “detected buds indicating that the trees were not in fact dead” and instead it had just been “neglected and was in need of rejuvenation and active management”.

In dismissing her appeal, Mr Grimshaw has now ordered Mrs Sewell to replant the hedge within 28 weeks.

Speaking about the decision, Mrs Sewell said: “Apparently 10 or 12 dead hawthorn bushes constitute an ancient monument at Mill House and we have been instructed to replace like for like before February 21, 2017.

“Advertisements have been placed on social media and the local paper asking for assistance in this matter but so far we have been unable to source any suitable replacements.”

“At each and every opportunity Durham County Planning Department have refused to even enter into rational discussions to resolve the issue,” she added. “It is just another occasion of professional abuse and bullying by Durham County Council.

“At this moment in time it is the intention of Mill House to do absolutely nothing.”

The council said the inspector’s report addressed the issues presented to them and declined to comment further.