Following Defra’s consultation on how hedgerows should be protected in England, legislation has been laid in both Houses of Parliament (16th April). If approved by Parliament, the Management of Hedgerows (England) Regulations 2024 will put baseline hedgerow management practices into law which replicate the approach already familiar to most farmers from the previous cross compliance rules. The new regulations will also follow the cross compliance approach and ban the cutting of hedges between 1st March and 31st August, protecting nesting birds during that period. In summary, the new rules will aim to:
Buffer strips
- Replicate the 2m requirement for buffer strips and not increase the required width.
- Continue to offer payment for buffer strips wider than 2m.
- Continue to allow the spot application of pesticides within buffer strips to control the spread of invasive and injurious weeds.
- Continue to measure the 2m buffer strip from the centre of a hedgerow as this takes into account hedgerows of all densities.
- Replicate the exemption for the 2m buffer strip requirement for hedgerows under 5 years old.
- Replicate the exemption for field sizes under 2 hectares.
Cutting ban and related exemptions
- Maintain a cutting ban period and maintain the dates from 1st March to 31st August
- Permit cutting or trimming during the cutting ban period.
- If the hedge overhangs a highway, road or footpath over which there is a public or private right of way and the overhanging hedge obstructs the passage of, or is a danger to, vehicles, pedestrians or horse riders.
- If the hedge is dead, diseased, damaged or insecurely rooted and because of its condition, it or part of it, is likely to cause danger by falling on to a highway, road or footpath.
- If the hedge obstructs or interferes with the view of drivers or the light from a public lamp.
- If it is to carry out hedge-laying or coppicing during the period 1st March to 30th April (inclusive).
- If it is to trim a newly laid hedge by hand, within 6 months of it being laid.
- If the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.
- In the interests of human or animal health or safety.
- Permit cutting or trimming a hedgerow, or a tree growing in a hedgerow, in August for the purposes of sowing oilseed rape or temporary grassland during the same August provided that the RPA has been notified.
Notification
Defra intend to introduce a streamlined notification process for farmers needing an exemption to cut hedges in August if they are sowing oilseed rape or temporary grass to replace the longer process of waiting for approval under cross compliance. Farmers will be required to notify the RPA in writing of their intention to sow in specific fields before planting, and document all works carried out to justify action in case of future inspection. This simplifies the regulatory process for the farming industry in line with best practice.
Enforcement
It is intended that the Rural Payments Agency (RPA) will be the regulator. Defra will consult further on the proposed enforcement measures and will set out in detail how the RPA will use the enforcement sanctions.
Help & Advice
For further help and advice, please contact our Agricultural Compliance team on 01981 590514 or follow the link below to consultation outcome.
Find out more at: Summary of responses and government response – GOV.UK (www.gov.uk)
