Consultation on the regulatory approach and use of civil sanctions for hedgerow management

As set out in Defra’s Agricultural Transition Plan, we are continuing to improve the way we regulate, replacing EU-scheme based regulation and enforcement with an approach which is clearer, fairer and more effective.  We also want to develop a more trusting relationship with farmers and land managers.  We want to ensure that farmers receive the support they need to comply with the law, and we will work with farmers to help prevent harm.  

Reflecting the regulators’ code and the principles of good regulation, we will take a supportive approach to regulation. As well as providing appropriate advice and guidance to those we regulate, we are providing further training to field officers. We will provide transparency about the processes and actions we will take when we find non-compliance. Our approach will be risk-based, focussing enforcement activity on priority risks and assessing risk when deciding on the appropriate level of intervention. We will be transparent, providing statistics on our regulatory and enforcement activity and will publish an annual report. 

Hedgerows are a vital part of our countryside. They benefit our wildlife, the environment, and our landscapes. We know that farmers, land managers, and the general public greatly value hedgerows. The Management of Hedgerows (England) Regulations 2024 (‘the Regulations') set out the rules for hedgerow management together with our approach to enforcement and the civil sanctions which may apply. The RPA has been appointed by the Secretary of State for the Department for Environment, Food and Rural Affairs to act on his behalf as Regulator in respect of the Regulations.  

This consultation seeks views on the approach to the use of civil and criminal sanctions. The RPA has a range of actions or ‘sanctions’ available to help them enforce the Regulations including both civil sanctions and criminal sanctions.  Criminal sanctions will only be used for the most serious offences.  

‘We’ in this document should be taken as referring to the RPA. This consultation will be open for six weeks from 29 October 2024 and will close on 10 December 2024.  

We have already spoken to a range of interested parties and received valuable feedback about how we might best enforce these regulations. We now welcome responses to this formal consultation from farmers, land managers, NGOs, consultants, charitable organisations, the general public, and any other person or group who has an interest in the future management and regulation of hedgerows in England following the end of cross compliance. 

Previous consultation 

The consultation Protecting Hedgerows in England ran for 12 weeks from 28 June to 20 September 2023. It set out the government’s proposals to broadly replicate in domestic legislation the hedgerow management rules which were formerly part of the EU’s ‘cross compliance’ framework. These rules included maintaining green cover 2 metres from the centre of a hedgerow (commonly known as ‘buffer strips’), prohibiting hedge cutting between March 1 and August 31 and the relevant exemptions related to these rules. The consultation also proposed a suite of civil sanctions that could be used to address non-compliance with the rules as part of a proportionate, supportive regime. Having considered carefully the responses to that consultation, the Regulations were developed to broadly replicate and update the rules on hedgerow protection. The main provisions of the new legislation are:  

Buffer strips 

• replicate the requirement for a buffer strip 2 metres wide as measured from the centre of the hedgerow 

• continue to allow the spot application of pesticides within buffer strips to control the spread of invasive and injurious weeds 

• continue to exempt hedgerows under 5 years old 

• continue to exempt fields of under 2 hectares from the requirement to have a buffer strip  

Cutting ban and related exemptions 

• maintain a cutting ban period from 1 March to 31 August inclusive 

• permit cutting or trimming during the cutting ban period: 

• if the hedgerow 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; 

• if the hedgerow obstructs the view of such users or the light from a public lamp; or 

• if the hedgerow 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 

• permit cutting or trimming a hedgerow, or a tree growing in a hedgerow, in August for the purposes of sowing oilseed rape or temporary grassland during the same August provided that the RPA has been notified in advance in writing either by email or post. 

The new rules, including all exemptions, can be found in the statutory instrument (Annex C). 

Statutory Guidance 

Statutory guidance has been drafted to explain how the RPA plans to approach enforcing the new regulations. We will seek to ensure that enforcement is clear, fair, and proportionate. We will take an advice led approach with a focus on providing advice and guidance in the first instance before any sanctions are considered if appropriate.  Where necessary we will impose civil sanctions on those who are found in breach of the requirements of the regulations. This consultation document outlines the proposed regulatory approach and invites views on it. More details can be found in the Statutory Guidance (Annex A). Please read this guidance before completing the consultation.