Sunday, May 30, 2010

What to do if you see a hedge being cut in the breeding season?

Recently, I "kicked off" at a group of "cowboy" gardening contractors who were busy cutting back a garden hedge in Bradford. "We've been paid to do it..." was their feeble excuse. So, were they acting legally? I did a bit of digging around and it seems that, even in the case of countryside hedgerows, "Possibly" is the unfortunate answer. The following come from a n Natural England fact=sheet http://www.hedgelink.org.uk/files/NE%20HEDGECUTTING.pdf

What time of year should I cut?
What’s the law, and how can I avoid
harming nesting birds?
As a general rule, try and cut most of
your hedgerows in January or
February. If ground conditions and
cropping patterns make this difficult,
then cut as late as possible in the
autumn. Cutting in winter means that
wildlife will have the time to take
advantage of the nuts and berries
produced by hedge plants in the
autumn. The bird breeding season,
1 March to 31 July, should always be
avoided: nearly every hedgerow in the
country will have birds breeding in it
during this time. Some birds continue
breeding into August. All wild birds,
their young, their eggs and active
nests are protected under law. It is an
offence to damage a nest
intentionally while it is in use or being
built – hedge cutting is highly likely to
damage nests or cause them to be
deserted.
For many moths and some butterflies,
cutting in August or September is
better than cutting later – probably
because winter cutting removes eggs
laid on new growth in the autumn.
So, if you have to cut most of your
hedges in one particular year (not
itself recommended), cut a few in
August or September, leaving the
majority until as late as possible.
Whenever there is a significant risk
to the health and safety of people,
hedgerows should be cut as
necessary to reduce that risk.

If you are a Single Payment Scheme
claimant in England, it is a condition
that you should not cut between
1 March and 31 July, with certain
exceptions.

What should I do if I see a
hedge being cut in the bird
nesting season?
There may be a valid reason why the
hedge is being cut, for example to
maintain road safety. If not, the
chances are that the persons
responsible are not aware of the risk
to wildlife, or of the concern they are
causing to others. With this in mind,
the best approach is nearly always to
talk to them, explain why you are
concerned, and to listen to their
reasons. Then, if appropriate, you
can explain the law as you
understand it and present any
relevant facts you may have (like the presence of active bird nests).
This way of doing things is likely to
result in a better outcome for you, for
the land manager, and for wildlife. It’s
almost always better to do this rather
than immediately contact the police.

Source - Natural England

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