Hedgecutting Derogation

One of the changes in the English cross-compliance rules for this year is the extension of the end of the no-cutting period for hedges from the 31^st July to the 31^st August.  However, DEFRA has stated that it will allow a derogation from the rules, allowing earlier trimming, where oilseed rape and grass are being planted.  The question has been raised on how this derogation is applied for.

There is no standard form to use, it is a question of writing individually to the RPA.  The following rules apply; 

• It is only available where OSR or grass is being planted in August (applies to no other crops, and you can’t request a derogation for fields that are being planted in early September for example).

• You must apply in writing to the RPA for a derogation, and you must get permission before the work is done.  The RPA aim to respond in 15 working days (apparently!)

• You need to check for nests and eggs before cutting – if any are found then the hedge should not be cut even if you’ve got a derogation.

• The derogation can be applied for either by post or by e-mail. 

The e-mail address is [email protected].  The postal address is RPA, PO Box 300, Sheffield, S95 1AA.  The subject of the e-mail, or the correspondence needs to clearly state ‘Cross Compliance Derogation’.  The following information needs to be provided;

• The business name and address

• The SBI number and holding number

• A list of the fields (OS field numbers) where the derogation is to apply

• Confirmation that the application for a derogation to cut hedges in August is due to the planting of OSR or grass in that month (it may also help if it is mentioned that the applicant will abide by all conditions – such as checking for nests before carrying-out the work etc.).