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The Guide to Cross Compliance in England 2012 edition.pdf

The Guide to Cross Compliance in England 2012 edition.pdf

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GAEC 15Hedgerows<strong>The</strong> aim of these rules is <strong>to</strong> protect the habitat, particularly for nest<strong>in</strong>g birds, as well as thelandscape feature provided by hedgerows 1 . <strong>The</strong>y apply <strong>to</strong> hedgerows grow<strong>in</strong>g <strong>in</strong>, or adjacent <strong>to</strong>,any of your land.Hedgerow removalA. You must not1. remove 2 part of a hedgerow unless you have met both of the follow<strong>in</strong>g conditions 3 :• notified your local authority <strong>in</strong> writ<strong>in</strong>g (or National Park Authority if your land is <strong>in</strong> aNational Park) of your proposal;• received written permission <strong>to</strong> carry out the removal or have received no reply from theauthority with<strong>in</strong> 42 days of your notification (this counts as permission).B. You must1. carry out any hedgerow removal <strong>in</strong> accordance with the written permission granted by theauthority, or <strong>in</strong> accordance with the proposal <strong>in</strong> your notification where the authority has notresponded with<strong>in</strong> 42 days.(pho<strong>to</strong> credit: Nigel Adams, Hedgel<strong>in</strong>k)1 For the purposes of this rule ‘hedgerow’ means any hedgerow grow<strong>in</strong>g <strong>in</strong>, or adjacent <strong>to</strong>, any land which forms part ofyour hold<strong>in</strong>g and which has: a cont<strong>in</strong>uous length of at least 20 metres, or is part of any such length, or a cont<strong>in</strong>uouslength of less than 20 metres where it meets (at an <strong>in</strong>tersection or junction) another hedgerow at each end. Any gapresult<strong>in</strong>g from a breach of the Hedgerows Regulations 1997, and any gap of 20 metres or less, will be treated as part ofthe hedgerow.2 ‘Remove’ <strong>in</strong>cludes any operation which uproots or otherwise destroys a hedgerow, either directly or <strong>in</strong>directly.3 <strong>The</strong> full obligations with which you must comply are conta<strong>in</strong>ed <strong>in</strong> Regulation 5(1) and (9) of the HedgerowsRegulations 1997.31

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