A WEYMOUTH developer did not commit an offence when it ripped up hedges on a controversial green space, legal experts have confirmed.

But bosses at Betterment Properties, who are involved in a legal wrangle over work at Markham and Little Francis, will be sent a warning letter reminding them of their obligations under the law.

The company created a storm when diggers ploughed up part of the site between Lanehouse and Wyke in Weymouth earlier this year.

Weymouth and Portland Borough Council investigated following complaints but found no unauthorised works to hedges had taken place.

Subsequent visits found at least one length of hedge more than 20 metres long had been cut to ground level and further work had been done to another hedge.

The council considered its position in relation to the Hedgerow Regulations 1997, assessing whether the hedgerows were important and if they had been removed, as defined by the Environment Act 1995.

A second opinion was then sought from solicitors specialising in planning and environment law.

Legal advice from Clark Willmott is the subject of an information report to councillors written by planning, economy and development services manager Simon Williams. The term 'removal' in this context means to 'uproot or otherwise destroy' but Clark Wilmott says it is clear from evidence that the hedgerows in question are re-growing.

Mr Williams says: "Having considered all the information and the legislation, Clark Wilmott has concluded that the hedgerows have not been 'removed' within the meaning of the Act and Regulations and that an offence has not been committed.

"However, Clark Wilmott advises that a formal letter be sent to (Betterment Properties), reminding them of their obligations under the Hedgerow Regulations and seeking their co-operation to tell the council of their intentions in relation to the land.

"Clark Wilmott notes from the photographs which were supplied that an extensive area of the landscape had been ploughed, and comments that it may well be that the company intended to destroy the hedgerows but that it intentionally or otherwise stopped short of removal within the meaning of the Act."

In a separate dispute, Betterment Properties is challenging a notice by the Department for the Environ-ment, Food and Rural Affairs (Defra) to reinstate the land at Markham and Little Francis.

An appeal hearing date has been set for November.