The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

Hedgerows and trees U.K.

5.—(1) A beneficiary must take all reasonable steps to maintain a green cover on, and must not cultivate, or apply fertilisers or pesticides to land—

(a) within 2 metres of the centre of a hedgerow; F1 ...

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (1A) For the purposes of the application of sub-paragraph (1) to land on the side of a hedgerow that is facing away from a dwelling, where the hedgerow marks a boundary of the curtilage of a dwelling, regulation 3(3) of the Hedgerows Regulations 1997 (exclusion from the definition of hedgerow any hedgerow within the curtilage of, or marking the boundary of the curtilage, of a dwelling) does not apply.]

(2) Sub-paragraph (1) does not apply—

(a) to land on either side of a hedgerow mentioned in sub-paragraph (1)(a) or (b) that is less than 5 years old;

(b) in relation to the use of pesticides, if the only application of pesticides is the spot-application of herbicides to control the spread of any weeds;

(c) to cultivation for the purposes of casting up a traditional hedgebank between and including 1st September and the last day of February;

(d) to land forming part of a parcel of 2 hectares or less, as measured within permanent boundary features;

(e) to the extent that 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.

(3) For the purposes of paragraph [F3 (2)(c)], a traditional hedgebank is an earth bank faced with turf or stone and topped with hedge plants.

(4) A beneficiary may cultivate the land referred to in sub-paragraph (1) in order to establish a green cover if that land does not already have a green cover, and is—

(a) part of a field that has been created by the merger of two or more fields;

(b) land created by the division of a field; or

(c) land previously excluded from the provisions of cross-compliance.

(5) Cutting or trimming a hedgerow or tree is not permitted in the cutting ban period except in accordance with sub-paragraph (6), (7), (8) or (9).

(6) Cutting or trimming a hedgerow or tree in the cutting ban period is permitted if—

(a) the hedgerow or tree—

(i) overhangs a highway, other way to which the public have access, easement or surfaced track so as to endanger or obstruct the passage of vehicles, pedestrians or horse-riders;

(ii) obstructs or interferes with the view of drivers of vehicles or the light from a public lamp; or

(iii) is dead, diseased, damaged or insecurely rooted, and because of its condition it poses a risk to human safety;

[F4 (b) the tree—

(i) is a fruit or nut tree in an orchard; or

(ii) forms part of a wind break in or adjacent to a hop garden, hop yard, orchard or vineyard; or]

(c) 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.

(7) Cutting or trimming a hedgerow, or a tree growing in a hedgerow, in August is permitted if—

(a) the hedgerow is in a field which in that month is—

(i) sown with a crop of oil seed rape; or

(ii) re-seeded with temporary grass; and

(b) 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.

(8) Hedgerow-laying and hedgerow and tree coppicing are permitted from 1st March to 30th April (both those dates included).

(9) Trimming a hedgerow by hand is permitted for six months after the hedgerow is laid.

(10) In this paragraph—

“the cutting ban period” means 1st March to 31st August (both those dates included);

[F5 “tree” means a tree with a diameter exceeding 8 centimetres or, in the case of coppice or underwood, with a diameter exceeding 15 centimetres, where the diameter is measured over the bark at a point 1.3 metres above the ground level;]

[F6 “wind break” means a row of trees maintained for the purpose of protecting a hop garden, hop yard, orchard or vineyard from the wind.]

Textual Amendments

F1 Sch. 2 para. 5(1)(b) and word omitted (1.1.2016) by virtue of The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 14(5)(a)

F2 Sch. 2 para. 5(1A) inserted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 14(5)(b)

F3 Word in Sch. 2 para. 5(3) substituted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 14(5)(c)

F4 Sch. 2 para. 5(6)(b) substituted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 14(5)(d)

F5 Words in Sch. 2 para. 5(10) substituted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 14(5)(e)(i)

F6 Words in Sch. 2 para. 5(10) inserted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 14(5)(e)(ii)