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A video of a contractor being challenged by the PSNI while out cutting roadside hedges, has highlighted some potential grey areas around whether farmers are allowed to cut hedges at this time of the year.
Under cross compliance rules, farmers are not permitted to cut hedges between 1 March and 31 August, although arable farmers can get a derogation from DAERA which allows them to cut hedges from 15 August in some cases.
Farmers who break the cross compliance rules are at risk of a penalty being applied to their direct payments
The exception to the general rule around hedge cutting is where health and safety is an issue, for example roadside hedges.
Whether that means farmers can cut all hedges along a road, or just those close to a junction or entrance is open to some interpretation.
Farmers who break the cross compliance rules are at risk of a penalty being applied to their direct payments.
However, there is no specific legislation stating that farmers must not cut hedges during the summer months.
But there is the Wildlife (Northern Ireland) Order 1985 which states that anyone who “intentionally or recklessly destroys the nest of any wild bird while that nest is in use or being built, is guilty of an offence”.
The bird nesting (or breeding) season is generally taken as being from 1 March to 31 August.
In addition, the Department of Infrastructure can serve notice on a landowner under the provisions of the Roads (NI) Order 1993 requiring them to remove or trim hedges or trees causing obstructions to public roads.
Where a notice is not complied with, the Department can get the work done, and recover costs from the landowner. But again, the Department advises that hedge cutting should be done in winter months.
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