FURIOUS residents have accused a developer of wanting to pull out a 213-year-old hedge, - and say Hambleton District Council is breaking the law by letting it happen without taking action.

The problem has arisen from a plan to build 11 houses at The Pines, off Blakey Lane, Sowerby.

Residents say they will continue their fight against grubbing up the 24metre strip of hedge.

Coun Don Cartridge, of Sowerby Parish Council, said: "It may have to come out, but they should have to go through the correct process.

"Under the Hedgerow Regulations Act 1997, they have to make a separate application to remove the hedge. We expect planning officers to pick up things like this, but they don't seem to have done anything.

"The council can't just say it's on the plan and pass it as that's illegal."

The hedge is marked on an Enclosures' Act map from 1798 and on an Ordnance Survey map of 1856.

Coun Cartridge, 67, said: "It's in a conservation area and there are at least nine different species in it. We feel that if all the people who use this lane realise the hedge is coming out, they will be very angry."

Letters have gone to Steve Quartermain, the council planning and environment director, and the chief executive, Peter Simpson.

The original plans by John Potter were to demolish a bungalow, outbuildings and barn to build houses with parking spaces and footpaths.

They were rejected in October by the district council and then approved conditionally in April.

Amended plans say a replacement semi-mature hedge will be put along the verge of the development in place of the removed one.

Mr Potter's agent, Stuart Copeland, said neighbours had been consulted. "The hedge is not being removed totally and will be replaced by another hedge.

"The hedge has been shown to be removed on all the applications from the start. The hedge is a very badly maintained and there will be a much better hedge replacing it.

"It's only a small section of hedge that is being removed, and about 100 metres of it will be left."

The plan goes before the planning committee again on Thursday. Opponents say they will speak against it; they are also awaiting a response from the ombudsman to whom they have complained.

Maurice Cann, Hambleton head of planning, denied the authority had broken the law in not asking Mr Potter for a separate application to remove the hedge.

"Normally the hedgerow would be protected under the Hedgerow Regulations Act 1997. But as it is part of the main planning application, that overrides the hedgerow act and no separate application is needed."

The residents have also voiced concerns about changes to the road layout and access, saying the road is already busy and increased traffic will make the area dangerous