Page 10 - ALG Issue 4 2024

LEGAL
HEDGEROWS &
KEEPING HENS
There have been changes to the law regarding managing hedgerows and for keeping hens, that members will want to be aware of moving forward. Both changes were introduced this year and are now
in force.This article explains the changes so that members can make any necessary updates to their management practices on their allotments.
Hedges
If these rules apply to any hedges on your allotment site, you/the committee/the landowner cannot cut or trim the hedges from 1st March to 31st August in each year or cause/permit another person to do so. Here are some details of the exemptions to the rule:
• Public and private rights of way: if the hedge is overhanging into a highway that is obstructing a public or private right of way, or due to the condition of the hedge it is likely to fall into the highway, the relevant part of the hedge can be cut.
• Hedge laying and coppicing: cutting and trimming may be permitted where hedge laying or coppicing takes place between 1st March and 30th April.
Trimming a newly laid hedge by hand within 6 months of being laid may also be permitted.
• Boundaries of a private garden: if the hedgerow lies within the boundary of a neighbouring residence, then both sides of the hedge may still be cut or trimmed.
• Risks to plant, human or animal health: you must prevent any serious harm coming to plant health.You must also prevent risks to human or animal health and safety.
• Weed or pest infestations: hedgerows can be cut as part of treating serious pest or weed infestations.
• Work required by a statutory body: if work is being carried out by a statutory body acting under statutory powers (such as a utility company), then it is permissible to cut or trim a hedge if necessar y.
If you needed to cut or trim a hedge under these exemptions, then you do not need to register this with the Rural Payments Agency (RPA) who are the enforcement body for these new rules. However,
you must keep a record of any works conducted under any of these exemptions.
It is also possible to apply for written
permission (a derogation) for an exemption to the rules.To do so, you will need to email or write to the RPA with an explanation
of what you want to do and include any supporting evidence like photos.
For any further information on the
rules, the exemptions or applying for a derogation, please visit https://www.gov.uk/ guidance/hedgerow-management-rules-cut- ting-and-trimming.
Hens
Previously, only people that had 50 or more birds were legally required to register their bird-keeping with the Department
for Environment, Food, & Rural Affairs (DEFRA). Anyone with fewer birds was previously able to voluntarily register but were not required to do so.
Since the 1st of October, the registration of keeping fewer than 50 birds has stopped being optional and is now required. Anyone that keeps even a single bird is now required to register the bird/s with DEFRA.
This change is to help manage disease outbreaks and help lift disease control zones sooner with better monitoring. For further information or to complete the registration, please visit: https://www.gov.uk/ government/publications/poultry-including- game-birds-registration-rules-and-forms.
“Anyone that keeps even a single bird
is now required to register the bird/s with DEFRA”
For information to help you ensure your allotment hens stay free of bird flu please visit
https://www.gov.uk/guidance/bird-flu-avian-influenza-how-to-prevent-it-and-stop-it-spreading
10 | Issue 4 2024 | Allotment and Leisure Gardener