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Unhelpful Council.... (1 Viewer)

JennyWren

Well-known member
Hedge Cutting


Every year I write to our local council, pleading with them not to cut the hedgrows in our village until the young birds have fledged.

Lo and behold, this falls on deaf ears... and every year they cut them in the breeding season!! :mad: I'm sure they could wait till September or even cut them in February, as whole clutches are wiped out or the adults are scared away!!

People ask where the Bullfinches have gone? Shame there are not more conservationists in council offices!! :(
 
Not a bad idea Kevin. Many Police Forces as you say have close liason with local councils nowadays as regards wildlife.
I can't think of a reason as to why an adjustment to the cutting time of hedges couldn't be made until after the main breeding season.
Fortunately our Council is pro-wildlife which seems to be supported by the local farmers too.
 
I live near the Peak district, so there happens to be no Hedgerows around me which support wildlife in abundance, but today I saw Two men dressed in Khaki whith three dogs and two Peregrines hunting grouse, which I dont think is legal.
 
I thought there was a law now that hedges couldn't be cut till August, or was this only talked about?

Sorry I can't remember where I heard or read this, but it could have been one of the more popular birding mags!
 
Hi JennyWren.

I'm not sure about the UK, but in Ireland hedges cannot be cut from 1st.March to 31st.August. This is in the Wildlife Act 2000. However, exemptions are provided from the restrictions, these are, in the interests of agriculture and forestry. This type of clause is unfortunately a get out of jail free card. There is also a REPS scheme, (Rural environmental protection scheme) running here in Ireland, this is where farmers qualify for grants based on working to environmentally sound farming practice, I imagine this in place in the UK too. Under REPS hedgerow maintenance is not allowed from late February to the end of August. While I realise this does not concern local Councils it shows that some thought has been given to the issue. Check the law in the UK, if your local council are in breach of any laws point it out to them. Good luck, it's a worthwhile cause. :t:

Twite.

Done a quick Google and found this.

http://www.defra.gov.uk/farm/environment/landscape/hedgerows.htm
 
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I thought there was a law now that hedges couldn't be cut till August, or was this only talked about?

Sorry I can't remember where I heard or read this, but it could have been one of the more popular birding mags!

I think you are right Dougie. Pretty sure a law was passed a couple of years ago. This is all I can find at the moment though:

It is an offence under Section 1 of the Wildlife and Countryside Act of 1981 intentionally to take, damage or destroy the nest of any wild bird while it is use or being built. It will be an intentional act, for example, if you or your neighbour know there is an active nest in the hedge, and still cut the hedge, damaging or destroying the nest in the process.
 
Hedge Cutting

Every year I write to our local council, pleading with them not to cut the hedgrows in our village until the young birds have fledged.

Lo and behold, this falls on deaf ears... and every year they cut them in the breeding season!! :mad: I'm sure they could wait till September or even cut them in February, as whole clutches are wiped out or the adults are scared away!!

People ask where the Bullfinches have gone? Shame there are not more conservationists in council offices!! :(


The law is that hedges must only be cut between Oct (but may be end of Sept, haven't looked it up) and the end of February. It's part of the Wildlife and Countryside Act. The exceptions are along roads for road safety reasons. Councils should only be hedgcutting along roads out of this time frame when road safety is compromised. You should write to your council again pointing out this if you feel they are in breach of the law.

Joanne
 
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Just found it. Under the Countryside Act 2000 hedges aren't allowed to be cut between
1st March & 31st August. Same law applies to ditch maintenance. Get onto your Council & advise them they are breaking the law.
 
Just found it. Under the Countryside Act 2000 hedges aren't allowed to be cut between
1st March & 31st August. Same law applies to ditch maintenance. Get onto your Council & advise them they are breaking the law.

I have heard about the law too some time ago

Yes, agreed, contact your Council Jenny, and send them a copy of the Countryside Act, so they understand the Law as it stands

Regards
Kathy
 
Hi JennyWren.

I'm not sure about the UK, but in Ireland hedges cannot be cut from 1st.March to 31st.August. This is in the Wildlife Act 2000. However, exemptions are provided from the restrictions, these are, in the interests of agriculture and forestry. This type of clause is unfortunately a get out of jail free card. There is also a REPS scheme, (Rural environmental protection scheme) running here in Ireland, this is where farmers qualify for grants based on working to environmentally sound farming practice, I imagine this in place in the UK too. Under REPS hedgerow maintenance is not allowed from late February to the end of August. While I realise this does not concern local Councils it shows that some thought has been given to the issue. Check the law in the UK, if your local council are in breach of any laws point it out to them. Good luck, it's a worthwhile cause. :t:

Twite.

Done a quick Google and found this.

http://www.defra.gov.uk/farm/environment/landscape/hedgerows.htm


There are similar rules for farmers under cross compliance in the UK (as your DEFRA link points out).

As far as I was aware the law as it stands in the UK is as provided in Section 1 of the Wildlife and Countryside Act 1981 (as amended). The Countryside and Rights of Way (CROW) Act 2000 added the reckless tag to intentional disturbance of Schedule 1 breeding species in England and Wales only. This is accurately summed up on the Kent Ornithological Society web site. http://www.kentos.org.uk/Law/law.htm#law

I dont know what the Countryside Act 2000 is Phil? Do you mean the CROW Act. And if so as far as Im aware there is no provision detailing dates on which hedgerows are not allowed to be cut. Can you provide more detail as I dont think what you (and others) are saying is correct.

Best practice would obviously be to avoid cutting between March and August for nesting birds, and Sept - Dec for winter food resources.

Therefore: It would not be illegal for a Council to cut a hedge in say mid April. It would be illegal to cut a hedge in mid April and destroy a bird nest, kill a bird, or recklessly disturb a Schedule 1 breeding species.

If anyone reading this thread is intending to write to their Council, then make sure the facts of law are pointed out, and that by timing a regime as described by best practice they will ensure that the regime does not fall foul of this law. It may also be of benefit to point out that it is not just nesting birds that receive protection, but also mammals, especially Dormice which are in many hedgerow networks in Southern England, bats etc. The most productive hedgerows for wildlife are those managed on a longer rotation cut, eg once every 3 years. There is plenty of best practice literature out there, the DEFRA link above is pretty useful to quote.

Gareth
 
Looks like I jumped the gun a bit. I assumed that because I was searching on their website it all related to the Countryside Act. As you say it all relates to cross compliance for farmers.

I'm pretty sure I heard somewhere that it was an offence to cut hedges between the dates stated?

This was taken off the RSPB website:

These best practice guidelines are agreed by conservation groups and agriculture departments. Constraints on hedgerow management have been set out in the legally defined Codes of Good Farming Practice, which applies to all farmers participating in an agri-environment scheme or in receipt of Less Favoured Area payments.

Under these guidelines, hedgerow trimming is not permitted between 1 March 31 July in England and Scotland, between 15 March 31 August in Wales, and 1 March 31 August in Northern Ireland.


Also:

It is an offence under Section 1 of the Wildlife and Countryside Act of 1981 intentionally to take, damage or destroy the nest of any wild bird while it is use or being built. It will be an intentional act, for example, if you or your neighbour know there is an active nest in the hedge, and still cut the hedge, damaging or destroying the nest in the process

As most hedges will have a nest in it somewhere between 1st March & 31st August it looks as if the Council concerned could be threatened with the afore mentioned act. The only rider to this is that the COuncil could argue that its being trimmed in the interests of public safety.
 
I live near the Peak district, so there happens to be no Hedgerows around me which support wildlife in abundance, but today I saw Two men dressed in Khaki whith three dogs and two Peregrines hunting grouse, which I dont think is legal.

not without permission from the landowner. Did you call the police? Or ask to see their written permission?
 
As most hedges will have a nest in it somewhere between 1st March & 31st August it looks as if the Council concerned could be threatened with the afore mentioned act. The only rider to this is that the COuncil could argue that its being trimmed in the interests of public safety.

Thanks again. I agree, many hedgerows will have nests during that period, as you say. All Councils should look to ensuring their management regimes reflect best practice - i.e. cut in late winter.

Gareth
 
As most hedges will have a nest in it somewhere between 1st March & 31st August it looks as if the Council concerned could be threatened with the afore mentioned act. The only rider to this is that the COuncil could argue that its being trimmed in the interests of public safety.

That's not good enough to stop them - you'd need to find an active nest, or one being built, and point this out on the spot. Take photos before and after, if they DO trim, then you can get them fined which might make them take notice. They would have to prove a public safety case.

You'd have to keep this up though - they could trim around any nest, or trim as soon as the nest in empty, so you would need to locate and monitor as many nests as you could to not make it worth their while. After afew years, they might change their regime.

You're probably wasting your time though, as I've been trying to stop a council mowing a strip of land full of large populations of 5 of their own LBAP priority species. The local residents association wants trimmed grass so its looks nicer, not scruffy long grass, so that's what the Council deems more important. Conservation is very low down their agenda.
 
Many years ago my job was contract supervision on large projects, usually with a boundary length of up to three miles or more. A minor condition in the contract specification ensured that the contractor kept boundary hedges cut and I made sure that this was complied with.

However, I also made sure that I waited until January each winter to remind the contractor of this obligation and ensured that the job was done when ground conditions allowed either in late January or during February. Unfortunately this was my own personal decision and such times were not written into the terms, but at least it ensured that the hedges around the jobs under my see remained berry-laden until the birds had seen to them, not the hedge trimmer.

It annoys me intensely to see year after year hedges being trimmed by councils as soon as the berries are set and before the winter migrants have even arrived.
 
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