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The Future of Hedgerow Protections in England
The Future of Hedgerow Protections in England
Post date
April 2024
Parliament is forming new legislations to protect hedgerows in England, to address DEFRA’s recent consultation on how hedgerows should be protected in England.
If this new legislation is approved by parliament, then the Management of Hedgerows (England) Regulations 2024 will integrate baseline management practices into law. This aims to replicate the approach of previous cross compliance rules, which farmers are already familiar with.
The new rules will aim to:
- Replicate the 2m requirement for buffer strips and not increase the required width
- Continue offering payment for buffer strips wider than 2m
- Allow the spot application of pesticides within buffer strips (to control the spread of weeds)
- Continue to measure the 2m buffer strips from the centre of a hedgerow
- Replicate the exemption for the 2m buffer strip requirement for hedgerows which are under 5 years old
- Replicate the exemption for field sizes under 2 hectares
Cutting ban and related exemptions:
- Maintain a cutting ban and maintenance period, from 1st March to 31st August
- Permit cutting or trimming during the cutting ban period where the following applies:
- Where a hedge overhangs a highway, road or footpath (where 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
- Where 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
- Where the hedge interferes or obstructs the view of rivers or light from a public lamp
- Where hedge-laying or coppicing is carried out during the period from 1st March to 30th April (inclusive)
- If it is to trim a newly laid hedge by hand, where it has been laid within 6 months
- 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 within a hedgerow, in August, for the intention of sowing temporary grassland or oilseed rape during that month (August) and provided that RPA has been notified.
To replace the long-winded process of waiting for an approval under cross compliance to ask for an exemption, farmers will see a streamlined process being introduced by Defra. This means that farmers who need an exemption to cut hedges in August to sow oilseed rape or temporary grass will find it much easier to acquire approval. There will be a requirement for farmers to notify the RPA in writing of their intention to sow in specific fields before planting, and document all works.
If you have any questions about the above information, please feel free to contact us on 01380 828351 or email us at info@akcagric.co.uk, and we will be more than happy to help.
