How we got here
In 2023, Defra ran a consultation on what the future of hedgerow management could look like. That consultation closed on 20 September 2023. On 4 March 2024, Defra published its future proposed plans for hedgerow regulation in England, taking on board comments made by the NFU and other organisations, as well as from individual members of the public and farmers.
There were two main directions, the first being a continuation of the cross compliance rules (specifically the no-cutting period and the 2m buffer strips) while the other was to spend a longer period of time crafting new domestic policies to be followed.
Defra has said it will be pursuing the first option, incorporating the cross compliance rules into domestic legislation.
Since the consultation ended, BPS finished on 31 December 2023, and as a result so did the previous cross compliance enforcement and sanction mechanism. This means the requirements for hedgerow management no longer had a legal authority, as they were enforced through the cross compliance mechanisms, specifically GAEC 7A.
Where we are now
Defra has laid the legislation to protect hedgerows before parliament, with the regulations anticipated to come into force by 1 July 2024.
Some regulations will come into force immediately, which means that from 1 July, these will be a legal requirement on farms. This will include a no-cutting period, which will continue from 1 July 2024 until 31 August 2024.
The rules regarding buffer strips will also be coming into effect immediately in certain cases. If you have land with an existing buffer strip, then the regulations will also take effect immediately, meaning the buffer strip must remain and be treated in much the same way as under the previous cross compliance rules.
Where there is land with no buffer strips and it is not used for crop production, a buffer strip will be required from 1 July 2024 onwards. Failure to do so will amount to a breach of the regulations so it is important to take the necessary steps now to prepare in good time for these new regulations.
For farmers who have already planted arable crops, and do not have buffer strips on their land, then the rules are different. You have until the end of the first harvest since these regulations were made, to create buffer strips on your fields.
This will allow farmers to harvest their crop without additional hassle or possible damage attempting to restore buffer strips where there are currently none. They will then be legally required to have established buffer strips once the crop has been harvested, which could be later this year.
Next steps
Defra will be sharing more guidance on this in the coming weeks, and the NFU continues to work with colleagues within Defra and the RPA to ensure that any final guidance is fit for purpose and is workable for our members.
Stay up to date and read the NFU’s response to the 2023 consultation on our consultation page.
As these regulations continue to progress, you should continue to consider very carefully what to do and follow the available guidance in line with domestic legislation, as well as the terms of your own agreement if you are in Sustainable Farming Incentive, Environmental or Countryside Stewardship and in light of what may be imposed via new legislation in the coming weeks and months.
It is important to be aware that hedgerows are not unregulated and this does not allow you to cut hedges at any time.
There are still a number of legislative requirements which will continue to impact what can, and cannot, be done to hedges legally. Agri-environment schemes also impose hedgerow management requirements.
We cover these points in the remainder of this article.
The Wildlife and Countryside Act 1981
The cross compliance hedge cutting dates were an interpretation of the Wildlife and Countryside Act. While the 1997 Hedgerow Act regulations covered the protection of important hedgerows, the Wildlife and Countryside Act focuses on offences which relate to nesting birds and other wildlife.
Some species nest within hedgerows, meaning it will be critically important to check all hedges before work is undertaken to ensure no nesting wildlife is present in the hedge. The Act specifically outlines protections for both birds and other forms of wildlife, including small mammals and insects.
This means that a comprehensive assessment of the hedge will be necessary before engaging in any trimming or other work when it is known there is wildlife activity within hedges which could disturb either nesting birds or harm any other protected wildlife within the hedge.
Countryside Stewardship and Environmental Stewardship
For Countryside Stewardship and Environmental Stewardship (ES - HLS) agreement holders, with hedgerow and tree options there are restrictions to hedge cutting dates.
For example, in CS (Countryside Stewardship) option BE3 hedgerow management sets out the cutting windows that should be followed to deliver the aim.
In older agreements these dates must be complied with.
Cut hedgerows in one of the following ways:
- no more than 1 year in 3 between 1 September and 28 February – leave at least two-thirds of hedges untrimmed each year.
- no more than 1 year in 2 between 1 January and 28 February – leave at least one-half of hedges untrimmed each year.
If you have hedges in CS, or ES/HLS hedgerow options, and need to cut them after the end of February, it is recommended to contact the RPA for guidance in the first instance.
The RPA may recommend that you submit an MTA (Minor and Temporary Adjustment) if you cannot get to your hedges to cut them, this is in order to avoid any possible consequences if you cannot meet your scheme requirements
For more information read the Countryside Stewardship and Environmental Stewardship guidance which can be found at: GOV.UK | Countryside Stewardship.
Sustainable Farming Incentive
Similarly, SFI also contains provisions which can impact on the scope of options available when considering hedgerow management.
For example, for option HRW2: Managing Hedgerows, the following guidance is outlined online:
‘If you’re cutting fully established hedgerows incrementally, you must do this each year of your 3-year SFI agreement during the autumn and winter months.
‘If you’re cutting fully established hedgerows on a rotation, you must cut each hedgerow no more than either:
- once every 3 years during the autumn and winter months, cutting no more than one third of hedges each year.
- once every 2 years in late winter, cutting no more than half of the hedges each year.’
The guidance here is more flexible, but the crucial element is that cutting must take place during the winter months and no more than once every 2/3 years depending on your individual management plan.
For more information on the SFI guidance, visit: GOV.UK | Sustainable Farming Incentive.