Protecting hedgerows on agricultural land: our views on Defra’s consultation

RSPB Senior Policy Officer Verity Winn encourages RSPB supporters to respond to the current Defra Hedgerow Consultation ...

In a fragmented agricultural landscape, hedgerows provide essential habitat, food and connectivity for nature, and a vital carbon store with benefits for farm businesses and people alike. In the context of the nature and climate crises and stagnant agricultural emissions, planting and protecting hedgerows are some of the best tools available to mitigate these crises. However, from 1st January 2024, hedgerows on agricultural land will lose key protections and become vulnerable to removal and damage, with potentially dire consequences for species that depend upon them.

Currently, hedgerows are protected by The Hedgerows Regulations 1997, but only if they meet a narrow definition of an ‘important’ hedge. On agricultural land, GAEC 7a has protected hedgerows since 2003 but will end from January, leaving many important hedgerows vulnerable. Defra is consulting on what should replace this regulation, calling into question the no cutting period which protects nesting birds and the two-meter buffer around hedgerows. With resources for wildlife on most farmland already scarce, it is vital these protections are at least retained.

We are formulating our detailed response, but it is important that others who care about hedgerows also respond to the consultation. Our thoughts on some of the consultation questions are set out below, which we hope you find helpful in writing your own response.

You can read the consultation document and answer the questions on the Defra website. The consultation closes on Wednesday 20 September, although Defra are welcoming early responses. 

(Question 9) Should we maintain the requirement for buffer strips that are 2m from the centre of the hedgerow?

Yes, 2m buffer strips must be maintained, and Defra should consider the evidence for extending them to 4m. Buffers safeguard and enhance the structure of hedgerows in short and long term, by protecting them from disturbance from ploughing and spraying of pesticides and herbicides. These wildlife-rich buffer strips are also an important habitat in their own right for many species, and along with hedges, create habitat connectivity across agricultural landscapes. 

Because some hedgerow planting and maintenance is paid for under government’s Environmental Land Management (ELM) schemes, protecting the quality of hedgerows also protects the value of the public’s investment in them.

(Question 10) If we maintain the 2m buffer strip requirements, should we also replicate an exemption for field sizes under 2 hectares? 

No, in the context of the current nature and climate crises, no hedgerows should be jeopardised. Field size has no necessary correlation to the natural capital and importance of a hedgerow. 

Smaller fields will still gain the benefits of pollinators, natural pest control and shade for livestock from healthy hedgerows, helping to save money on inputs and boosting crop yields. 

(Question 11) If we maintain the 2m buffer strip requirement, should we also replicate an exemption for hedgerows under 5 years? 

No, we do not support this exemption as the impacts of herbicide and pesticide spraying and root disturbance will detrimentally affect the establishment, growth and future structure of new hedgerows.This could reduce their future value for wildlife.

(Question 12) Should we maintain a no cutting period to ensure hedgerows are managed in a way which protects important bird species? 

Yes, we welcome Defra’s commitment to ensure hedge management safeguards wildlife and supports biodiversity. Between 1970 and 2018, most farmland birds that use hedges declined in numbers, some by as much as 98% in the case of Turtle Dove.

It is critical that the no cutting period remains, to allow threatened farmland bird populations to stabilise and increase, and to protect other threatened wildlife, including threatened mammals, reptiles, amphibians, insects and other invertebrates. There should be no gap in regulation after January, as this would jeopardise the 2024 nesting season; Defra must work quickly to bring in replacement safeguards from January.

Defra should incentivise wildlife-friendly hedgerow management through ELM, such as funding for three-year rotational cutting, hedge laying, double fencing and the creation of flower-rich, scrub-like habitat next to hedgerows.

(Question 13) If we maintain a no cutting period, should the no cutting period remain as 1 March to 31 August, or be amended to an alternative? Please set out your reasoning or evidence below. 

  • Remain 1 March to 31 August
  • End date brought forward to 31 July
  • End date brought forward to 15 August
  • End date extended beyond 31 August
  • Alternative suggestion

We recommend that the no cutting period must remain as 1 March to 31 August. Others may feel it should be extended beyond 31 August and should respond as they feel is appropriate.

There is clear, longstanding evidence that farmland birds nest from March into early September. Most nests are in the outer layers of hedges which are most vulnerable to cutting. 

Bringing forward the end date of the no cutting period would have a disproportionately negative impact on breeding success. Many species of conservation concern, including Linnet, Yellowhammer, Cirl Bunting, Song Thrush and Turtle Dove have unfledged chicks in nests into August. For several red-listed species such as Yellowhammer, evidence demonstrates that late broods are disproportionately important for producing enough young to support populations.

Nesting habits are fluctuating in response to climate change, particularly for threatened farmland birds. In 2022, Wood Pigeons, Barn Owls and Bullfinches had delayed nesting seasons, whilst Turtle Dove, Cirl Bunting and Wood Pigeon are known to routinely nest into September. Defra should consider evidence for extending the no cutting period to include 1 March to 15 September, to make sure regulations continue to be fit for purpose in a rapidly changing climate.

(Question 14) If we maintain a no cutting period, should we also replicate exemptions to the regulations?

Whilst exemptions relating to health and safety considerations should be replicated, others should not be. In particular, exemptions for sowing oil seed rape or temporary grassland during the no cutting period endanger nesting birds. By planning and managing hedges on a three-year rotational basis, these crops can be sowed outside the no cutting period.

(Question 15) If you answered yes to the previous question, should there be a requirement to apply to the relevant authority for an exemption (as currently under cross compliance)? 

Yes, removing the need to apply for an exemption risks mass breaching of the regulations. It does not represent good value to weaken the current standard, when this is already an established process for farmers.  

(Question 16) Should we introduce a new exemption to the hedgerow management requirements for farms under 5 hectares? 

No, this would make significant lengths of hedgerow vulnerable, including those funded by the government under ELM. Defra should not weaken the current standard that is met by many farmers. RSPB analysis shows that even a 10% loss of hedgerow coverage in England would result in the release of nearly 0.5 million tonnes of CO2e (MtCO2e) currently stored above and below ground. 

(Question 18) Where should we focus our ambitions for future hedgerow policy?

Hedgerow policy is a crucial area for meeting key environmental targets, particularly government’s species abundance target to halt the decline in species populations by 2030 and increase them by 10% by 2042, and to reach net zero by 2050. It is vital that Defra develops a second stage of broader protections for hedgerows and incentives for advanced hedgerow management within ELM. 

Defra should also provide good advice for farmers on planning long-term hedge management, including laying and trimming, on a three-year rotational basis, and fill other regulation gaps left by the end of cross compliance. 

(Question 19) If we develop further protections, should we consider extending them to hedgerows outside of agricultural land? 

Yes, extending protections to hedgerows outside agricultural land is a ‘no regrets’ step towards meeting biodiversity and carbon targets. This would create habitat and connectivity for a range of threatened wildlife. This would also have significant benefits for people: urban hedges provide important climate change mitigation in vulnerable areas by providing shade, aiding the removal of airborne pollutants, capturing rainfall to mitigate flooding and improving health and wellbeing.