Cross compliance rules on hedge cutting
Under the European Union Common Agricultural Policy farmers receiving rural payments
such as the Basic Payment Scheme must abide by a set of ‘Cross compliance’ rules relating
to how farmers manage their land. Cross compliance is made up of ‘Statutory Management
Requirements’ (SMRs) and ‘Good Agricultural and Environmental Conditions’ (GAECs).
Amongst these are rules about when certain activities can take place. Rules previously
prevented hedge cutting between 1st March and 1st August. However, from 2015 a longer
no trimming season will apply for hedges and trees (GAEC 7c), and will run from 1 March
until 31 August inclusive. Defra’s justification for the change is to better protect birds
during both their breeding and rearing season. Orchards are not included in this ban.
IDBs have highlighted concerns that this gives them too narrow a window to undertake
essential channel and asset maintenance work. ADA has raised the issue with Defra and
discussed the issue with the NFU.
Defra has confirmed that an IDB carrying out work under its statutory powers is considered
to be a statutory undertaker. Exemptions can be granted if work carried out by a statutory
undertaker stops a farmer meeting one of the rules. However, once the work is completed, the
land must be returned to a state which meets cross compliance requirements. Farmers don’t
need to write to the Rural Payments Agency in advance asking for an exemption but if they get
inspected they must be able to prove how and why they used the exemption.
Thus, Defra has confirmed that where the hedgerow cutting rules are concerned, if a
statutory undertaker (IDB) had to cut a hedge or tree within the no trimming season in
carrying out work under their statutory powers, the farmer would not be held liable for the
breach. However, where inspected the RPA would want to be satisfied that the hedgerow
or tree had to be cut in order to carry out the channel/asset maintenance work. If the
cutting was unnecessary or was something a farmer had asked to have done as an ‘extra’,
the liability exemption would not apply. The farmer may be able to apply to the RPA for a
derogation from GAEC 7c in certain circumstances for works they wish to have undertaken,
but this needs to be in place before non-statutory works are undertaken.
For this reason, all IDBs should accurately describe the works in their letter before entry to
the landowner, noting the location and purpose of the works. This will ensure the farmer is
aware and agrees to this and has suitable evidence if inspected by the RPA. A general form
of words that IDBs can tailor to their particular requirements is provided below. When
carrying out work during the Cross Compliance no trimming season, IDBs will still need to
abide by domestic and European legislation relating to breeding birds.
Further information about cross compliance rules and the exemption can be found in The
guide to cross compliance in England 2015 by Defra https://www.gov.uk/government/publications/cross-compliance-guidance-for-2015.
Form of words for IDB letter to landowners/occupiers
Dear Sir
Land Drainage Act 1991 – Sections 14 and 64
Reforming Works 2014/2015 – [location]
I enclose a copy of the board’s Drawing No. […] and I understand that you are the
owner/occupier of the OS Field Nos. [… …] shown thereon.
The Board has approved the scheme which provides for works to be carried out affecting
the above fields and my Board will be required to enter upon your land with heavy
equipment to carry out these works.
I am required by Section 64 of the Land Drainage Act 1991 to give you notice that the Board
intends to enter upon land occupied by you on or after [date] for the purpose of improving
the existing watercourse on the route shown on the enclosed plan. I emphasise that this
letter is a statutory notice for the purposes of Section 64 of the Land Drainage Act 1991.
The Board do not hold details of land ownership and if you are the occupier but not the
owner of the lands covered by this notice you should inform the owner as soon as possible.
A duplicate notice can be provided by this office if requested.
The proposed works will consist of the following [amend list as necessary]:
1. The deepening and widening of the existing watercourse.
2. The trimming and pruning of trees and bushes.
3. Installation/Replacement of access culverts where necessary.
4. Any ancillary works in connection with the above.
It is estimated that the width of land lost to the new channel will be 1 metre. Spoil will
initially be stockpiled and then spread at a later date. I emphasise that the areas lost or
which suffer injury due to the works will be precisely measured during the course of the
works. The Board will be required to make full compensation for the injury suffered if so
called upon. I also point out that if agreement cannot be reached on the level of
compensation, I will have to instruct the District Valuer to negotiate a settlement on behalf
of the Board.
The Board will return the land to “Good Agricultural and Environmental Condition” at the
conclusion of these works. I confirm that the Agriculture (Cross compliance) Regulations
2009 (as amended) mean that works undertaken by the Board should not jeopardise any
Basic Payment Scheme entitlement. Environmental Stewardship options for buffer strips
along Board maintained watercourses are likely to be affected by short term disturbance
and you may wish to register a derogation with Natural England to ensure your entitlements
are not jeopardised. If you require any support from the Board in making this application,
please do not hesitate to contact the Board’s Project Team (contact details below).
I trust that you will afford the Board all the facilities required to carry out its works in the
best possible manner and that you will have no objections, especially in view of tye fact that
increased protection from flooding will be given to your land.
Should you require any clarification of any points mentioned above or further information,
either the Board’s Works Supervisor [name; telephone number] or the Board’s Director of
Operations [name] will be pleased to meet you.
Yours faithfully
Clerk and Chief Executive
Enclosure