Defra has opened a consultation seeking views on the protection of hedgerows. With Delinking of the Basic Payment, the cross-compliance regulatory framework will no longer apply in England from 2024. In most cases, these rules are already in domestic legislation and will continue to provide protection to the environment and animals. Farmers and land managers must legally continue to comply with these requirements and regulatory authorities have powers to enforce them. However, some of the cross-compliance measures do not have a legal under-pinning; this is the case with hedgerows and other field boundaries, plus soils and watercourse buffer strips. In all these areas Defra is actively considering the most appropriate approach to prevent environmental harm and encourage good practice, whether that is through regulation, incentive or other means.
In terms of hedgerows, outside of cross-compliance, legal protection is provided by the Hedgerows Regulations 1997, but these are limited in scope and there is no direct domestic equivalent of the hedgerow management measures currently provided for under cross-compliance and, in particular, GAEC 7a. Defra has therefore opened a consultation and are proposing two options to protect hedgerows in the future. The first is by replicating the existing cross compliance GAEC 7a requirements in domestic law, by making changes to the Hedgerows Regulation 1997. These would include:
- a requirement to ensure green cover on land 2m from the centre of a hedgerow in all fields over 2 hectares
- a requirement not to spray pesticide or fertiliser on land within 2m of the base of a hedgerow on all fields over 2 hectares
- to ensure that hedge cutting and management takes account of wildlife within hedgerows and supports biodiversity (cutting dates)
Views are also being sought on keeping the current exemptions; excluding parcels of less than 2 hectares, allowing early trimming for the purposes of OSR & temporary grassland and also exempting holdings under 5 hectares.
An alternative approach would look to develop new legal protections for hedgerows, and views are being sought on what requirements would be most effective at preventing environmental harm without unnecessary burdens on landowners.
In regards to timings, the latter would need Primary legislation, which would not be able to begin before autumn 2024, meaning measures would not come into force until late 2025 at the earliest. Whereas changes to the Hedgerows Regulation 1997 could be in place for summer 2024.
The full consultation can be found via https://consult.defra.gov.uk/legal-standards/consultation-on-protecting-hedgerows/ views have to be submitted by 20th September.