Hedgerows: Legal Protection

Selaine Saxby Excerpts

Wednesday 24th January 2024 Westminster Hall

[Selaine Saxby (North Devon) (Con)]

I beg to move,

That this House has considered legal protections for hedgerows.

It is a pleasure to serve under your chairmanship this morning, Ms Elliott. I welcome the work of the Department for Environment, Food and Rural Affairs and its consultation last June, which sought to ensure that protections for hedgerows will continue, following the end of cross-compliance protections this January. I thank the Minister for her engagement on the issue and, as an advisory board member of the Conservative Environment Network, I thank the network for its help in relation to this debate.

Our green and pleasant land has been a source of national pride for centuries. Looking at the gently rolling hills of my North Devon constituency, it is easy to see why. The land is a green patchwork, stitched together by hedgerows. I am proud to be one of the 85 MPs and peers who are hedgerow heroes for the Campaign to Protect Rural England, continuously calling on the Government to commit to significant hedgerow planting and restoration.

The Government have made many welcome steps towards protecting hedgerows. The Environment Act 2021 introduced a mandatory biodiversity net gain requirement for new development, along with local nature recovery strategies to target the best places for nature recovery and wider environmental benefits. In January 2023, under the refreshed 25-year environment plan, the Government announced a target to create or restore 30,000 miles of hedgerows by 2037 and 45,000 miles of hedgerows by 2050. That target will result in 360,000 miles of English hedgerows, which is 10% above the 1984 peak.

Other positives include clear regulations prohibiting the removal of countryside hedgerows without approval, and our countryside stewardship schemes, which help to maintain and restore over 10,000 km of existing hedgerows and plant an additional 4,000 km across the country. Countryside stewardship provides financial incentives for farmers, foresters and land managers to look after and improve the environment. Under grant type BE3—management of hedgerows—farmers will be paid £13 per 100 metres for one side of a hedge. That is available for the countryside stewardship mid-tier and higher-tier options, and will go towards improving the structure and longevity of hedgerows and maintaining them as distinctive and historic landscape features.

Healthy hedgerows are visually appealing, but they are also unsung heroes. Their roots absorb excess water and help to reduce the risk of flooding. Their leaves provide a source of shade for livestock in the summer and shelter in the winter. Their thick, tangled branches are home to countless iconic British species, from the humble hedgehog to bats, turtle doves and yellowhammers. Hedges are also home to precious pollinators, without which we would all go hungry. Over 1,500 invertebrates, including bees, beetles, spiders and hoverflies, have been identified in hedgerows in the UK. Spring-flowering trees and shrubs, such as blackthorn and hawthorn, which are often found in hedgerows, can be important sources of spring foraging for wild bee species in intensively managed landscapes.

The National Trust is very keen that I highlight its annual BlossomWatch campaign. Blackthorn and hawthorn blossom hedgerow is some of the most spectacular to be found anywhere in our countryside. The National Trust highlights that since 1945, the UK’s hedgerow network has shrunk by about 50%. That is concerning because hedgerows are not just an iconic feature of our landscapes, but critical habitats for our wildlife that clean our air and help with carbon capture and reducing flooding. The National Trust welcomes the Government’s target to create or restore 30,000 miles of hedgerows by 2037 and 45,000 by 2050.

According to the Government’s independent adviser on climate change, the Climate Change Committee, hedgerows are key to meeting our legally binding commitment to reach net zero by 2050. The committee has recommended increasing the length of hedgerows by 40% by 2050. Studies suggest that England’s hedges could already hold as much as 9 million tonnes of carbon. Unmanaged hedgerows are estimated to sequester over 140 tonnes of carbon per hectare, compared with 169 tonnes for a 30-year native woodland. If hedgerows are properly managed, they could sequester even more, both in their woody stems and in the roots below.

I am a genuine believer in our farmers as the best custodians of our countryside. However, we have lost nearly 118,000 miles of hedgerows in the UK since the 1950s, when farmers were encouraged to increase the intensity of their production.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Lady on securing the debate. She mentions the importance of the farming community and what they do to secure, promote and enhance hedgerows in our nation. Does she agree that we need to do as much as we can to support them in their much-needed task, which people often forget about and take for granted?

[Selaine Saxby]

I agree entirely, and I will speak further about what more we can do to support farmers. My North Devon constituency is home to a large number of farmers.

There are few legal protections to prevent poor hedgerow management practices. When I was a councillor, I was contacted every year without fail about the cutting of local hedgerows. The problem is that the lack of a landscape criterion means that locally distinctive hedgerows are not protected and local authorities are often powerless to retain them. According to CPRE, more than half of local authorities feel that existing exceptions for built development lead to unacceptable or avoidable hedgerow loss.

Prior to the UK’s departure from the EU, cross-compliance rules governed eligibility for the EU’s common agricultural policy and provided basic environmental protections. The UK has now replaced CAP, and the rules ceased to apply as of 31 January 2023. It is worth noting that the majority of rules under cross-compliance are now covered by domestic legislation, but although the Hedgerows Regulations 1997 protect some hedgerows from being removed, there are now no regulations to protect hedgerows from harmful management practices such as ploughing too close to the base, spraying them with chemicals and cutting them at the wrong time of year.

Perhaps this is an apt time to mention the no-cutting period. The Big Garden Birdwatch—the world’s largest garden wildlife survey, organised by the Royal Society for the Protection of Birds—is happening this weekend. Every year, hundreds of thousands of nature lovers take part and help to build a picture of how garden birds are faring in the UK. If hon. Members have not signed up already, that is something for this weekend. A no-cutting period would ensure that hedgerows are not cut back during the important bird nesting season from early spring to late summer. Any reduction or loss of the no-cutting period would place severe additional pressures on farmland bird species that are already facing spiralling declines. A no-cutting period would benefit not just birds, but bees.

Colleagues have told me that there is a problem with highway authorities cutting grass verges and roadside hedges at the wrong time of year. Cutting roadside hedges destroys all the wild flowers, which have great benefits in helping bees to pollinate. It is also important to recognise that hedgerows need management, and that should be incorporated into any scheme, as many birds nest inside the hedgerows to protect them from predators, not on the bits that need trimming.

One of the UK’s very rare bumblebees, the brown-banded carder bee, was spotted in Braunton last summer. Maintaining road verges with pollinators in mind can create a network of habitat that can connect populations of bumblebees, allowing them to find suitable flowers to pollinate. I want to give a big thank you to Braunton parish council and the local volunteers at the Bumblebee Conservation Trust for their work.

Recent research by CPRE has found that planting hedgerows on arable land can boost the production of pollinating insects, increase crop yields by 10% and reduce pesticide use by 30%. The study examines what it would mean for farmers if the UK’s hedgerow network were expanded by 40% by 2050. It calculates that for every £1 invested in hedgerows, farmers would see a £1.73 return from higher crop yields.

A petition supported by North Devon residents states:

“All hedgerow cutting or trimming and non-essential tree felling should be banned between March and August to give declining bird species a chance to breed undisturbed by human activity.”

The Hedgerows Regulations 1997 offer limited legal protection, as they apply only to narrowly defined important hedges. Broadly, a hedgerow is considered important if it is at least 30 years old and meets criteria based on the number of plant and animal species it supports, its historical significance, and associated hedge features such as a hedge bank, ditch or tree.

The 2023 DEFRA consultation on protecting hedgerows included questions about ensuring continued protection for hedgerows after the end of cross-compliance. That meant that to receive the basic payment scheme, farmers and land managers were required to maintain overall standards and put in place hedgerow management measures. However, although the Department held a consultation last June on the shape of future regulations, no amendments have been made since their introduction in 1997. The Government have yet to respond, and they missed their deadline last year to replicate the previous rules in UK law. The Department has stated:

“We are determined to protect and restore vital wildlife habitats and have recently consulted on continuing hedgerow protections after the end of cross compliance and will publish a summary of responses as well as outline our next steps shortly.”

I hope that the Minister can clarify when “shortly” is, as the delayed Government response to the consultation risks a regulatory gap in the protection of hedgerows under basic hedgerow management standards.

Farmers make countless sacrifices to produce the food we eat, and they care deeply for their land. They are as much a part of the landscape as they are custodians of it. Farmers are integral to rural communities such as mine in North Devon: they help to stitch them together, create jobs and produce high-quality food, all while caring for our much-loved countryside. I will always champion our great British farmers and ensure that their voices are heard.

I welcome the good news from the Secretary of State this month regarding the latest upgrades to the UK’s farming schemes since Brexit to help support our farmers, including a 10% increase in the average value of agreements in the sustainable farming incentive and countryside stewardship schemes. A streamlined single application process for farmers to apply for the schemes is also to be warmly welcomed. I am pleased that the process has been made simpler for British farmers to access. Those upgrades underpin the Government’s commitment to support farmers and take actions to boost sustainable food production while delivering positive outcomes for the environment.

Now that we are outside the EU, we have a once-in-a-generation opportunity to create a bespoke system of farm support that better rewards farmers, protects our natural environment and is unique to our national circumstances. The new environmental land management schemes are a step in the right direction. ELMS deliver much greater value for taxpayers’ money and create a new revenue stream for farmers to complement the money they receive for food production. ELMS also help in tackling long-term threats to our food security by encouraging more sustainable farming practices and improving key assets for food production, such as soil health, water quality and healthy hedgerows.

It was great to visit the farm of my constituent David Chugg in Kingsheanton with the National Farmers Union and see the work being done to plant small trees into hedgerows as part of an ELM scheme. I am glad that the new ELM scheme means that farms such as David’s will have their management of hedgerows funded, in recognition of their historic, cultural and environmental value to our countryside.

The Government’s target is for 70% of farms to sign up to the sustainable farming incentive by 2028, and I welcome the good progress being made towards that goal. However, even if the target is met and all those farms sign up to the existing hedgerow options, it is estimated that 120,000 km of hedgerows will be left with little meaningful legal protection. The Government’s primary focus on incentivising good environmental stewardship over punitive enforcement is the right one.

Farmers have three relevant options as part of the sustainable farming incentive under ELM, with payments on offer for the measurement, management and planting of new hedgerows, but some level of legislative protection for our most precious natural assets is necessary. I therefore urge the Government to update the Hedgerows Regulations to include protections against harmful management practices. That is essential to replace the protections lost with the end of cross-compliance. We should also broaden our ambitions and think more carefully about the type of regulatory environment we want to create.

In 2018, my right hon. Friend the Member for Surrey Heath (Michael Gove) commissioned the Stacey review. The review set out to rationalise the basis on which future farming regulations should be made to safeguard animal and plant welfare, ensure good land management and prevent hazards. Proportionate, smart regulation enables farmers to fulfil those goals, and the review contained a series of wide-ranging recommendations to strengthen and simplify regulation. Unfortunately, the Government have still not issued a formal response. I call on the Minister to do so.

Farming is an unpredictable business, and the hundreds of farmers whose land still lies under water after Storm Henk are a testament to that. It is our duty as policymakers to provide them with certainty and the tools they need to strengthen their resilience. North Devon residents have also signed a petition to make the protection of hedgerows a condition of ELMS and BPS subsidies. We need to ensure that farmers have the confidence to engage with that process. To ensure that farmers have that confidence in ELMS, to restore our natural world and to boost our food security, the Government should at the very least increase the ELMS budget in line with inflation and index future budgets to inflation. Consumer price inflation ran at an average of 4.18% from December 2019 to October 2023. The £2.4 billion annual budget should therefore increase by at least £400 million to restore it to its original value.

Whitehall could also be less prescriptive in the payments that it makes available to farmers. I would like to see more market-based payment rates for ELMS, reflective of our environmental needs and the demands from farmers. Options with the greatest environmental benefits or those with the lowest sign-up rates should have their payment rates boosted to increase uptake. To meet the Climate Change Committee’s recommendations to increase the length of hedgerows, SFI options for the planting and careful management of hedgerows should be included.

Farmers also need greater advice on how to access the opportunities available. After speaking to farmers in my constituency, I know how important that is. I hope the Minister will look to appoint regional and local farm champions to provide peer-to-peer advice and training on sustainable and profitable farm practices.

To sum up, I have a few suggestions for the Minister. We should introduce a landscape criterion in the regulations to give local authorities more discretion to protect hedgerows that are important to the local landscape character, but might not meet the current criteria for importance. We should improve the Hedgerows Regulations so that they are easier for local authorities to implement: any simplification should strengthen hedgerow protection, not weaken it. We should consider a closed season over winter for when hedgerow removal notices can be submitted to local authorities. That would allow comprehensive surveys of the hedgerow to take place, as required, before removal is permitted.

The key point that I want to stress is the need for those regulations that have been lost under cross-compliance, which relate to the management of hedgerows. Although I know that hedgerow planting is not a silver bullet for agricultural carbon emissions, it can play a significant role alongside good soil management, agroforestry and uptake of low carbon fertilisers.

We have just found out that our Lib Dem-run district council will miss its 2030 net zero target after having reduced its greenhouse gases by only 16% in the last four years. I hope that the Government can facilitate our farmers in filling some of the gaps that the Lib Dems have left, and secure, enhance and extend our stunning network of hedgerows across North Devon and the country.

I trust the farmers in North Devon to look after their hedgerows. They understand the link between good hedgerows, better biodiversity and improved productivity, but we must look at the next steps on protection. It is important that we boost our biodiversity to strengthen our rural economies and maximise the benefits of our beautiful countryside. We need to ensure that our hedgerows are legally protected.

--- Later in debate ---

[Selaine Saxby]

It has been a privilege to have you in the Chair today, Ms Elliott. I thank all hon. Members for their contributions. I thank the hon. Member for Cambridge (Daniel Zeichner) for his concern about the family disputes on our side of the House, and I reassure him that the Conservative Environment Network acts as an umbrella organisation and occasional mediator. It is the largest caucus in this place, and supports the party of rural Britain and the first Government ever to legislate to protect our environment.

I look forward to supporting new legal protections for hedgerows, and thank the Minister for pulling that rabbit out of the hedgerow this morning. I hope that the consultation response is imminent, which should be sooner than “shortly”. I also hope, for all the hedgerow heroes who care so much, that both those events will come to pass before the hawthorn and blackthorn blossom emerges.

Question put and agreed to.

Resolved,

That this House has considered legal protections for hedgerows.