Cutting hedgerows from 1 March onwards

[Brett R]

Because it has rained incessantly for four months and the ground is like a swamp in places, it has been impossible to access some hedgerows for cutting. Assuming that it does stop raining, we'd be looking to get this done over the next few of weeks.

But what is the actual legal requirement around hedge cutting from 1 March onwards?

My understanding is that the specific range of dates during which no hedge cutting is allowed (1 March and 31 August) actually comes from cross compliance rules... i.e. if you breach these rules then you risk losing your BPS payment.

But cross compliance ended on 31 Dec 2023.

It seems like there is a consultation ("Consultation on protecting hedgerows: Ensuring continued protections for hedgerows after the end of cross compliance"), and this seems to confirm my understanding that the specific date range (1 March and 31 August) does come from the cross compliance rules, which no longer apply.

It also notes that there are certain other legal requirements:

The Wildlife and Countryside Act 1981 also contains various offences relating to
removing the nests and eggs of wild birds, disturbing nest-building wild birds or their
young, and damaging or destroying the sheltering places of wild animals

But assuming that care is taken to check before cutting that there are no nests/eggs and that nothing is being disturbed, there is no longer any reason why we cannot cut these hedges after 1 March?

 

[nonemouse]

Because it has rained incessantly for four months and the ground is like a swamp in places, it has been impossible to access some hedgerows for cutting. Assuming that it does stop raining, we'd be looking to get this done over the next few of weeks.

But what is the actual legal requirement around hedge cutting from 1 March onwards?

My understanding is that the specific range of dates during which no hedge cutting is allowed (1 March and 31 August) actually comes from cross compliance rules... i.e. if you breach these rules then you risk losing your BPS payment.

But cross compliance ended on 31 Dec 2023, and in any case we are not (and never have) claimed BPS for the land concerned.

It seems like there is a consultation ("Consultation on protecting hedgerows: Ensuring continued protections for hedgerows after the end of cross compliance"), and this seems to confirm my understanding that the specific date range (1 March and 31 August) does come from the cross compliance rules, which no longer apply.

It also notes that there are certain other legal requirements:



But assuming that care is taken to check before cutting that there are no nests/eggs and that nothing is being disturbed, there is no longer any reason why we cannot cut these hedges after 1 March?

There is another thread running on this, your not allowed under existing law to disturb nests in the nesting season, legally this starts 1st march, and one of the wildlife trusts has been calling on the public to call 999 if they see hedges been cut! Do you feel lucky?

 

[davidroberts30]

Don't know would I risk the agro but say if you did yourself a report to say you thoroughly checked said hedge for nesting birds

 

[CornishTone]

I'd be a bit careful. The rules now fall under the legislation you've highlighted. Hedge trimming could easily be interoperated as "damaging or destroying the sheltering places of wild animals" regardless of whether you've checked for nests, and realistically are you going to check every meter of hedge for a nest prior to cutting? One Karen out with their binoculars and a camera and it'll be more hassle than its worth.

The Wildlife Trusts have put out a campaign telling the public to report anyone cutting hedges after 1st March to the police (FFS), so I'd say save your diesel till Sept personally.

 

[Brett R]

not allowed under existing law to disturb nests in the nesting season, legally this starts 1st march

But I can't actually see this defined anywhere in the law other than in the cross compliance rules which no longer apply. And this seems to be what the Wildlife Trusts acknowledge, and why they're so panicky: "the absence of rules means that farmers are free to cut hedges in the spring and summer which risks harming nesting birds".

I'm not looking for a reason to be irresponsible so far as wildlife is concerned, just looking to do a job that hasn't been possible to do during the normal off season.

 

[Minesapint]

I haven’t managed to cut half my hedges due to the wet…..oh well, I’ll do them next year.
There is enough grief in the job without going to look for it, leave them alone.

 

[Bury the Trash]

Because it has rained incessantly for four months and the ground is like a swamp in places, it has been impossible to access some hedgerows for cutting. Assuming that it does stop raining, we'd be looking to get this done over the next few of weeks.

But what is the actual legal requirement around hedge cutting from 1 March onwards?

My understanding is that the specific range of dates during which no hedge cutting is allowed (1 March and 31 August) actually comes from cross compliance rules... i.e. if you breach these rules then you risk losing your BPS payment.

But cross compliance ended on 31 Dec 2023.

It seems like there is a consultation ("Consultation on protecting hedgerows: Ensuring continued protections for hedgerows after the end of cross compliance"), and this seems to confirm my understanding that the specific date range (1 March and 31 August) does come from the cross compliance rules, which no longer apply.

It also notes that there are certain other legal requirements:



But assuming that care is taken to check before cutting that there are no nests/eggs and that nothing is being disturbed, there is no longer any reason why we cannot cut these hedges after 1 March?

no no trimming form now on doing so will potentially spoil it for everyone.

 

[serf]

They'll be no birds nesting once you've done once around the field , plentY of nesting season in front of them anyhow.

 

[s line]

I cut a few garden hedges for domestic customers. I always tell my clients that i finish on 28 th February.
Their answer is that it only applies to agriculture.
My answer is that their are plenty of birds nesting in your garden. So that means no hedge cutting.

I would rather lose out on the work, rather than do it afterwards.

 

[upnortheast]

We only got roadside hedges cut this winter.
All the inside hedges will wait till next autumn.

 

[Against_the_grain]

Its insane how wound up Keiths and Karens get about hedge cutting. Anyone would think you were carpet bombing the village with napalm. FFS the countryside needs management not some old dear calling the police because the farmer is out keeping things tidy.

 

[Blue.]

Bellends

Hedgerow Defenders

Hedgerow Defenders. 1,351 likes · 45 talking about this · 1 was here. Positive action in defence of healthy hedgerows. https://facebook.com/groups/hedgedefend/

www.facebook.com

 

[ARW]

Bellends

Hedgerow Defenders

Hedgerow Defenders. 1,351 likes · 45 talking about this · 1 was here. Positive action in defence of healthy hedgerows. https://facebook.com/groups/hedgedefend/

www.facebook.com

They show pictures of smashed up hedges and claim there is miles of these in the countryside, they advocate not cutting hedges! Do they know if a hedge isn’t trimmed annually it grows out, and when it’s over a certain height it’s no longer classed as a hedge

 

[Jsmith2211]

Is there a restriction on laying hedges? Could be an answer for some bits, especially given the grant

 

[deere 6600]

Can you trim small trees ?

 

[upnortheast]

We should all have a policy of "forgetting " to trim some roadside hedge, especially those where the hedge is very close to the road.

Be good sport by end Aug , watching cyclists getting prickled by overhanging briers. On a good day some posh cars may get scratched by branches
They might just appreciate the roadside maintenance we do, at no cost to the rate payer

 

[teslacoils]

Get a tree shear on a tracked digger. Problem solved. After you do it once, the locals will be begging you to just give it a trim with a flail.

 

[Bury the Trash]

We should all have a policy of "forgetting " to trim some roadside hedge, especially those where the hedge is very close to the road.

Be good sport by end Aug , watching cyclists getting prickled by overhanging briers. On a good day some posh cars may get scratched by branches
They might just appreciate the roadside maintenance we do, at no cost to the rate payer

Trouble is There was a case locally some time ago whereby a Motor cyclist sued a land owner for a bit sticking out bramble thorn (cant remember exactly what) catching him in the face .

 

[Muddyroads]

The RSPB did a survey a few years ago looking at the causes of hedgerow losses. The greatest one?
Neglect.
I can remember an old boy in the village where I grew up in the 70’s and 80’s whose trimmer was on and in use for about 11 months out of 12. The only time it came off was when he was doing a bit of baling, and those were supposedly the good old days.

 

[Ffermer Bach]

Is there a restriction on laying hedges? Could be an answer for some bits, especially given the grant

I think in Wales you have an extra month to lay a hedge, but you have to let it grow up for a few years first.