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The Management of Hedgerows (England) Regulations 2024

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Management of Hedgerows (England) Regulations 2024 No. 680

Cutting and trimming of important hedgerows

This section has no associated Explanatory Memorandum

6.—(1) The cutting and trimming of an important hedgerow is prohibited during the period beginning with 1st March in any year and ending on 31st August in that year, inclusive of those dates, except in the circumstances described in paragraphs (2) and (3).

(2) The circumstances described in this paragraph are where the cutting or trimming is of an important hedgerow which—

(a)overhangs a highway, road or footpath over which there is a public or private right of way and the overhanging hedgerow obstructs the passage of, or is a danger to users;

(b)obstructs the view of such users or the light from a public lamp; or

(c)is dead, diseased, damaged or insecurely rooted and, because of its condition, the hedgerow, or part of it, is likely to cause danger by falling on to a highway, road or footpath.

(3) The circumstances described in this paragraph are where—

(a)the cutting or trimming—

(i)takes place during the period beginning with 1st March in any year and ending on 30th April in that year, inclusive of those dates, and is for the purposes of carrying out hedge-laying or coppicing;

(ii)is in order to trim a newly laid hedgerow by hand, within six months of it being laid;

(iii)takes place during the month of August and is for the purposes of sowing oilseed rape or temporary grassland during that month, and the owner has notified the Regulator in writing before any cutting or trimming is undertaken; or

(iv)is in the interests of human or animal health and safety;

(b)the cutting or trimming is to—

(i)enable the treatment of a serious cause of harm to plant health or a serious infestation of any pest or weed; or

(ii)permit measures to be taken to prevent the development of any such cause of harm or infestation;

(c)the cutting or trimming is carried out on land by virtue of, or in connection with, any statutory activity and is reasonably necessary for that purpose;

(d)written permission from the Regulator has been given to cut or trim the hedgerow—

(i)for the purposes of enhancing the environment;

(ii)for the purposes of improving public or agricultural access; or

(iii)for reasons relating to livestock or crop production.

(4) In paragraph (3)(c), “statutory activity” means an activity undertaken under or by virtue of any enactment (including any authorisation granted under any enactment).

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