Hedge and verge trimming on A5 between Cooil roundabout and Ballasalla

Summary

The requester asked for risk assessments and method statements regarding hedge trimming on the A5 to ensure minimal cutting and protection of wildlife. The Department of Infrastructure responded by providing the 'Manx Hedgerow Management Code of Best Practice' which outlines the rules for cutting dates and wildlife protection.

Key Facts

• The response included the Manx Hedgerow Management Code of Best Practice published by the Department of Environment, Food and Agriculture.
• Permitted hedge cutting dates are between September 1st and the end of February.
• It is an offence under the Wildlife Act 1990 to damage or disturb the nest of any nesting bird.
• Farmers can apply to DEFA to cut hedges outside permitted dates for operational reasons like harvest windows or wet ground.
• The Code distinguishes between hedgerows, hedgebanks, and Manx sod hedges.

Data Disclosed

• 1st of September
• end of February
• January/February
• 1990
• September 2009
• January 2010
• September 2012
• 17th May
• 2019-05-28
• 2019-06-18
• 13 pages
• 2 documents

Original Request

Please supply copies of the risk assessment/ method statement or other paperwork which clearly shows how you determine which part of the verge or hedge is cut on this roadway so that only the minimum is done as quoted in the government hedge cutting reminder news release of 17th May. Also, copies of paperwork that clearly shows that the verges/hedges have been examined for nests or lizards or other protected fauna and flora before and during cutting and how such checks are carried out.

Data Tables (2)

Full Response Text

Manx Hedgerow Management Code of best practice

Department of Environment, Food and Agriculture Rheynn Chymmltaght, Bee as Eirinys January 2010 (Updated: September 2012) Glen Roy and Snaefell summit from Creg ny Baa back road. P McEvoy 2009 Manx Hedge Management- Code of Best Practice Department of Environment, Food and Agriculture
Page 1

Introduction In light of the implementation of the Countryside Care Scheme and its implications for management of the farmed countryside, a review of the Manx Hedgerow Management „Code of Best Practice‟ was undertaken following extensive consultation in September 2009.
This revised version of the Code has a new name to reflect the fact that there are a variety of hedge types in the Isle of Man – and guidance is provided on the management of each of them. There is a chart which clearly explains what applicants to the Countryside Care Scheme must do in order to avoid Cross Compliance penalties and what land managers can choose to do, to maximise the benefits of their hedges.
Although the restricted hedge cutting dates have been retained, farmers can apply to DEFA to cut outside these dates in certain situations. This is explained most easily in the following examples in the FAQ sections.

Frequently Asked Questions

Why are hedges important? Hedges provide multiple benefits in the countryside. Hedges provide shelter and an effective stockproof barrier and are particularly useful at preventing the spread of disease between neighbouring farms as a thick stockproof hedge will prevent „nose-to-nose‟ contact between stock. Hedges also help wildlife by providing food, shelter and breeding sites for birds, butterflies, lizards and small mammals. As well as being an important habitat in their own right, hedges act as wildlife corridors allowing the dispersal of species between isolated habitats.
They are an integral part of the beauty of the Manx countryside. The vernacular „Manx sod- hedge‟ also constitutes as important part of our unique island heritage. Well managed hedges play a vital role in maintaining the health of the natural environment.

Manx sod hedge, Sulby Reservoir Manx Hedge Management- Code of Best Practice Department of Environment, Food and Agriculture
Page 2

How can wildlife in hedges be encouraged? The stock-proofing, shelter, landscape effect and wildlife value of hedges all benefit from regular hedgerow management on a simple rotational basis. To ensure that hedges continue to provide valuable habitat, it is vital that they are retained in good condition and managed so as to give wildlife a chance to thrive. The main emphasis in this Code is therefore on the need to avoid hedge cutting operations during spring and summer when birds are nesting and plants are in flower.

What is the difference between a hedgerow and a sod hedge? Should I manage them differently?
A hedgerow is defined as a linear row of woody vegetation. A hedgebank is a linear row of woody vegetation on a raised grassy bank, whilst a Manx sod hedge is usually defined as a tall grassy bank, which may, or may not have associated woody vegetation e.g. hawthorn, gorse or fuchsia. Despite these differences, all hedges with a woody/shrubby component (where nesting birds may occur) are included in the term “hedge” for the purposes of the Countryside Care Scheme. All of the above hedge types may have an associated ditch or watercourse and may have a few, or many mature trees. NB: The „bank part‟ of a hedgebank and Manx sod hedge require different treatment to the woody component. Hedge types in the Isle of Man

Manx Hedge Management- Code of Best Practice Department of Environment, Food and Agriculture
Page 3

I am in the Countryside Care Scheme, when am I permitted to cut my hedges? Hedge cutting can take place between the 1st of September and the end of February. It is recommended that hedges are cut in January/February to ensure that berries etc can be used by wild birds. Note: even if cutting in the permitted period, there may be nesting birds still present. It is an offence under the Wildlife Act 1990 to damage or disturb the nest of any nesting bird.

The restricted dates interfere with my farming operations, can the rules be relaxed? If there is a narrow window after harvest for resowing a sward or crops, hedges in the relevant fields may be cut outside of the permitted cutting period after consultation with DEFA. The Department will also consider extending the cutting period for other operational problems, such as wet ground or horticultural rotations. If you wish to cut hedges outside of the permitted cutting period, please complete a Hedge Cutting form, obtainable from DEFA or download one from http://www.gov.im/daff/countryside_care. Please return it to DEFA, at least a fortnight before the work is due to commence. To avoid a Cross Compliance penalty, farmers need to be able to produce a signed approval form from DEFA at the time of inspection, if hedge cutting is underway outside of the permitted period.

Livestock have broken through a hedge and have access to arable crops/neighbouring farm/the road. What should I do? As all of the above scenarios involve threats to public safety, animal health or damage to foodstuffs and are exempt under Part I (4) of the Wildlife Act 1990. You are therefore permitted to trim back the hedge to erect a stockproof fence to secure the area where the breach occurred. The length of hedge trimming may exceed the breached section only as far as is required to secure the new fencing to suitable strainers.

Should I cut all of my hedges at the same time? You can cut all of your hedges after the 31st August, however it is best practice to cut hedges every 2-3 years. This will ensure that there is always suitable habitat on your farm for the wildlife which relies on uncut hedges and provides more flowers and berries and increased habitat for nesting birds the following Spring. The best method is to cut hedges on a two- or three-year cycle. This usually saves on labour and machinery costs especially where hedges contain mainly slow-growing species such as hawthorn.

Manx Hedge Management- Code of Best Practice Department of Environment, Food and Agriculture
Page 4

I am responsible for the management of roadside hedges and shared access lanes, when can I cut these? Although roadside hedges are the owners‟ responsibility, the DoI may manage the cutting of certain areas in the interests of public safety. It is permitted to cut roadside hedges in the restricted period if there is reason to believe that the safety of the public is at risk e.g. reduced visibility or overgrown vegetation on footpaths. If in doubt, consult DEFA or DoI.

Who is responsible if a third party cuts or damages my hedges? Provided that you have not given permission for the actions carried out by a third party, they will be held responsible for any breach of the Wildlife Act. You will not be penalised under the Countryside Care Scheme if this happens, although the onus will be on you to prove a third party‟s involvement.

Summer hedge growth is causing problems in my farm lanes and gateways. What can I do? Vigorous summer growth usually consists of arching bramble stems that protrude into lanes and fields. These can constitute a health risk to people and livestock, as well as being unsympathetic to vehicle paintwork! In this instance, the protruding stems can be trimmed either by hand or chainsaw without the consent of DEFA. However, care must be taken not to cut the main body of the hedge until the end of the restricted period. If, on inspection, it is found that the main body of the hedge has been cut, this will constitute a breach of Cross Compliance and penalties will be applied.

Should I cut all of my hedgerows the same way? Different plants and animals prefer different shapes and sizes of hedge, so try and create as much variety as possible. Overall, favour large, dense, infrequently cut hedgerows. As a general rule, the wider and taller a hedgerow is, the more wildlife it has, so try and manage most of your hedges so they become as big as possible. Keep some hedges short (less than 2 m high) for birds such as yellowhammers, linnets, whitethroats and partridges; and where surrounding land is used by breeding waders such as lapwing, snipe and redshank.

Overhanging brambles can be trimmed in Summer Manx Hedge Management- Code of Best Practice Department of Environment, Food and Agriculture
Page 5

Is there anything I should be aware of when I am cutting my hedges? Watch out for nesting birds in the hedge and lizards basking on the banks. Even if you are outside the restricted period there may be birds nesting (from as early as February and finishing as late as the end of September). It is an offence under the Wildlife Act to intentionally or recklessly disturb or damage the nest of any wild bird. Lizards are also protected under the Wildlife Act.

What if my hedges look untidy? Modern farming is not just about food production, but also about producing environmental benefits, such as creating wildlife habitats and attractive landscapes. People will disagree over what constitutes a beautiful countryside, but there should be a middle-ground between neat, manicured hedges and overgrown monsters that are encroaching into field parcels. A rotational cut of 2-3 years would be a fair balance for wildlife and hedge maintenance.
“Tidiness” does not always equal a well managed hedge for either farming or wildlife interests. Manx Hedge Management- Code of Best Practice Department of Environment, Food and Agriculture
Page 6

Sod hedges, hedge banks and field margins Why are the restricted dates different for sod banks? Sod banks should not be cut between 31st March and 31st August. Please note that this differs from the cutting period for hedges. The restricted dates for the cutting of sod-banks are to benefit flora and fauna other than nesting birds. Banks are important basking sites for lizards and the rich and varied flora can provide a valuable nectar source for insects.

How can I control injurious weeds by the 1st August without breaching Cross- Compliance? In many cases, field margins and sodbanks do not hold more than a few scattered thistles or cushags (ragwort) and will not be considered as contravening the Weeds Act 1957. Light infestations can be managed by pulling individual plants, however if an infestation is more severe, topping, or weed-wiping are the recommended methods of control. If you are still concerned then contact DEFA for further advice.

When I am strip grazing a field, or using electric boundary fencing can I cut back overhanging growth to prevent excessive earthing? Yes, as this is a stock management issue, it is permitted to trim overhanging grass or bramble stems outside of the permitted hedge cutting period by hand or chainsaw without the consent of DEFA. However, care must be taken not to cut the main body of the hedge until the end of the restricted period. If, on inspection, it is found that the main body of the hedge has been cut, this will constitute a breach of Cross Compliance and penalties will be applied.

Do I have to leave an uncultivated strip in the field margins? The Countryside Care Scheme requires a 1m uncultivated strip to be maintained along the edges of fields sod hedges, ditches and streams. The application of fertilizer, pesticides, lime of slurry is not permitted in this area. For added wildlife benefits, it is recommended that at least a 2m strip is maintained. Manx Hedge Management- Code of Best Practice Department of Environment, Food and Agriculture
Page 7

Why have a field margin? Field margins act as a buffer zone between the field boundary and the crop or road, and form important wildlife corridors between species rich areas. Field margins are a key habitat for a number of rare and declining species, including many farmland birds, arable plants and insects. The structural condition of a field margin is extremely important for biodiversity along with the presence of associated features such as ditches, walls or watercourses. Wide margins provide easy access for hedge trimming in late winter, after berries have been eaten, without damage to adjacent arable crops. Having an additional 1m sterile strip i.e. bare, uncultivated ground can prevent crop invasions from weeds such as cleavers and barren brome.

Will having a field margin affect my cropping area? If we assume a 2 acre (square) field is a typical small Manx field, which has a 1m wide hedgerow around it, a 1m margin will reduce cropping area by 4.4%, a 2m margin will reduce cropping area by 8.7%. These figures will be vastly reduced for larger fields.

Manx Hedge Management- Code of Best Practice Department of Environment, Food and Agriculture
Page 8

Key best practice points for shrub hedgerows:

Retain all shrub hedgerows wherever possible;

Nesting birds are protected under the Wildlife Act 1990, so always check prior to cutting to make sure no nests are in use, and avoid cutting altogether during the main bird nesting season from 1st March - 31st August. Seek DEFA approval if cutting is required outside of this period.

Rather than cutting every year, cut hedges according to a pre-planned rotation every two or more years. This allows shrubs such as hawthorn to flower freely and produce berries;

Cut in late winter, avoiding hard frosts. This leaves the berries and seeds for birds to feed on over the early winter months;

Allow shrubby hedges to grow to at least 1.8-2m high (5-6ft) except where road safety requires them to be lower;

Retain all hedgerow trees, allowing saplings to develop into trees where possible, especially at hedge intersections and corners;

Where possible, leave very old, dying and dead trees wherever they are not a hazard, as the dead wood will provide a valuable habitat for bats and beneficial insects; elm is the exception:

After hedge cutting, you must burn any cut elm branches on site to avoid leaving potential breeding grounds for Dutch Elm Disease beetles. Wherever elm is present, check regularly to see whether it is displaying any symptoms of Dutch Elm Disease.
If in doubt contact the Forestry, Amenity and Lands Division. If on-site burning is not appropriate, diseased elm will be removed free of charge.

Keep fertilisers, slurry, manure, lime and pesticides (including herbicides, insecticides and fungicides) away from the edge of hedgerows except for essential spot treatment of injurious weeds;

Ensure flail operators are trained in cutter maintenance and use;

Avoid using mechanical flails on thick wood or tree trunks/

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