Cleaning out a ditch - implications for Cross Compliance

[Brisel]

My neighbour has asked if they could clean out a ditch. Nothing substantial, just desilting and clearing a bit of scrub debris. They want to spread the silt on the ditch banks which is within the 2m from the centre, so could have implications for cross compliance. The land on our side is in low input grass in a scheme. He's happy too do it himself. There isn't much gradient so he wants his land to drain as well as possible.

Anything I need to avoid to comply with any rules?

 

[steveR]

I refused permission to a neighbour's Contractor in such an instance, at least until Autumn as the spoil would be placed on a grass margin. I was not willing to risk CC/RPA or NE problems...

On a job on a neighbours land, my ditch, I was asked to remove the spoil!

 

[Henarar]

Its all rather sad isn't it

 

[Wombat]

How do you go on when you have to reconstruct the bank then, there were some excellent photos on here last year of someone doing a terrific job recutting the banks etc but that means there is no 1m bit etc

 

[steveR]

Its all rather sad isn't it

Total bollix really...

 

[Top Tip.]

Total bollix really...

The asylum has well and truly been taken over.....

 

[Brisel]

Its all rather sad isn't it

Total bollix really...

The asylum has well and truly been taken over.....

I agree. I still need to know what rules we would be breaking so I have an answer for an inspector...

 

[Henarar]

I agree. I still need to know what rules we would be breaking so I have an answer for an inspector...

Yep I know, just saying its a bit sad, at one time we would have just jumped on the digger and done the job either building the bank up with the ditch cleanings or tipping them in a hollow somewhere whichever was best, 99 times out of 100 no trouble to anyone.
Now all we worry about is a parasite with a clip board

 

[Brisel]

Owning a watercourse

Your responsibilities and rules to follow for watercourses on or near your property, and permissions you need to do work around them.

www.gov.uk

The links just take me on a circular route via the EA, then the local & regional councils. This is rapidly becoming a case of JFDI!

 

[GeorgeK]

You have to maintain green cover on the 2m next to the ditch at all times. If you cart the soil away it becomes waste and you need a licence. By the book the only answer seems to be spread it in the field along side the 2m strip but not on it.
I find if it's spread thinly on the grass strip without damaging what's underneath the plants will push through and it's soon green again, like nothing ever happened

 

[steveR]

Owning a watercourse

Your responsibilities and rules to follow for watercourses on or near your property, and permissions you need to do work around them.

www.gov.uk

The links just take me on a circular route via the EA, then the local & regional councils. This is rapidly becoming a case of JFDI!

Yep.

I had a similiar type of discussion a few years ago at a Seminar hosted by the EA. The speaker could not give a response and promised to come back to me. It was suggested the local Council Drainage Officer could help... No satisfactory response either way!

My question at the time was on the merit or otherwise, of placing spoil beyond the 6m buffer strip, for incorporation into the arable field area, thereby preventing spoil falling back in and no contamination of the grass buffer strip.

Best of luck in your searches....

 

[Henarar]

You have to maintain green cover on the 2m next to the ditch at all times. If you cart the soil away it becomes waste and you need a licence. By the book the only answer seems to be spread it in the field along side the 2m strip but not on it.
I find if it's spread thinly on the grass strip without damaging what's underneath the plants will push through and it's soon green again, like nothing ever happened

if what you take out of the ditch is green then as long as you keep it upright then that's OK

 

[yellow belly]

Ditch cleaning is subject to a ban in summer similar to hedge cutting
or that is what I thought may be wrong

 

[Kevtherev]

Clean it out and take the spoil away maybe best option.
(And stick the clipboard weilding person on top like a fairy)

 

[i dont belief it]

Would it be possible for them to put the spoil on their field?

 

[Brisel]

Ditch cleaning is subject to a ban in summer similar to hedge cutting
or that is what I thought may be wrong

I haven’t found any reference to this. I’d appreciate it if you could point me in the right direction. He’d be doing in in July/August so there won’t be many nests still in use.

 

[britt]

I looked into this and the only cross compliance implication that I could find was that you must maintain the 2m green buffer strip, so presumably shouldn't grade the bank.
Disturbing birds nest is also a legal issue. You would have to do it out of nesting season or inspect every square inch before you start to ensure that there are none.

 

[Matt77]

I was told you can only touch one bankside, so can’t grade both, looks messy but that’s what I was told, sorting the spoil out correctly is just a headache unless you are the environment agency, then they just plonk it where they like on the crops and sort it out when they can be bothered, whilst driving all over the crops to get to and from the job

 

[yellow belly]

I haven’t found any reference to this. I’d appreciate it if you could point me in the right direction. He’d be doing in in July/August so there won’t be many nests still in use.

traul through the bps book on cross compliance and look at hedge cutting which is non between March1st and September 1st
it may be in the stewardship rules
but not sure cannot remember where I saw it
trouble is ignorance of the rule is not a sound defence

 

[Teejay]

I was told you can only touch one bankside, so can’t grade both, looks messy but that’s what I was told, sorting the spoil out correctly is just a headache unless you are the environment agency, then they just plonk it where they like on the crops and sort it out when they can be bothered, whilst driving all over the crops to get to and from the job

Glad I'm not the only one fed up with the EA.