Summer hedge-cutting warning: PSNI say it could result in penalties but who is responsible for overgrown hedges and what are the rules?

Farmers and land-owners have been warned that they could be penalised if they cut hedges before the start of September.
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The PSNI sparked quite a debate from the public when they posted the warning on one of their Facebook pages.

A police spokesperson said: “Cutting any hedge from the March 1 to August 31 can be considered a cross compliance breach and can lead to penalties unless the operation is required for the health and safety of road users.

“If the hedges are not causing an obstruction to movement or view then they should not be cut in the closed period.

Police have warned against hedgecutting between March 1 to  August 31.Police have warned against hedgecutting between March 1 to  August 31.
Police have warned against hedgecutting between March 1 to August 31.

“This is to avoid harming birds, their nests and eggs.”

The post prompted many comments, with a number of people in support of more being done to protect wildlife.

One woman said: “Hedge cutting going on everywhere as normal. What’s the point of these ‘laws’ if they are never enforced? Soon there will be no wildlife left.”

Another agreed: “I saw them cutting hedges recently and there was no danger to road users they where just topping hedges .. and there are wee birds nesting in the hedgerows at the side of the road .. no respect for wildlife at all”,

Who is responsible for hedge cutting?

According to the Department of Infrastructure, anyone who owns or occupies land next to a public road or footway, is responsible for lopping any tree or cutting back any hedge growing on the land which:

* endangers or obstructs the movement of vehicles (including high-sided vehicles)

* endangers or obstructs the movement of pedestrians, especially pedestrians with a visual impairment

* obstructs the view of drivers of vehicles

* obstructs or interferes with the light from any street light

or

* obstructs the view of traffic signs or affects the safety or convenience of road users

When should a hedge be cut?

According to the Department’s Tree and Hedge Cutting Notice, If possible, roadside hedge cutting should be undertaken from early February to the start of March.

Hedge cutting outside of this period should only be undertaken in the interest of public safety. Many minor roads are bordered by hedges providing safe havens for small mammals and nesting birds and owners and occupiers should be aware that under the provisions of Article 4 of the Wildlife (Northern Ireland) Order 1985 it is an offence, with certain exceptions, to damage or destroy the nest of any wild bird while that nest is in use or being built, or to disturb any wild bird whilst it is in or near a nest containing eggs or young.

“So, avoid the bird nesting season from March 1 until August 31 and exercise vigilance at all other times outside of what would be considered the main nesting period. It is also not advisable to cut during autumn and early winter as this removes berries and fruit, an important source of food for birds and wildlife over winter,” the notice adds.

More details can be found at NI Direct here.