Legislation & Regulation

New notification system for hedgerow exemptions

As from 23 May 2024 new domestic legislation governs hedgerow management.  These rules broadly mirror Cross Compliance with a no cutting period between 1 March and 31 August as well as rules on establishing and maintaining buffer strips.  There are also exemptions and derogations which can be applied for to allow you to trim hedges during the no cutting period.  One key change is the notification process for farmers needing an exemption to cut hedges in August if they are sowing oilseed rape or temporary grass in August.  You can now begin cutting provided you have received an acknowledgment email from the RPA, rather than waiting for permission as was previously the case.   The first step is to email to the RPA to notify your intentions. You must ensure your email reads with the following subject heading: ‘Hedgerow management cutting and trimming rules notification’.  Within your email you should include:

• details of the crop to be sown,
• all relevant land parcel numbers.

The email to use is;  ruralpayments@defra.gov.uk

Changes to permitted development rights for farm buildings

From 21 May 2024, farmers will no longer be required to submit a planning application for specific types of development.  This includes converting agricultural buildings to a wider range of commercial uses, such as larger farm shops, buildings for agricultural training and sporting facilities. Use of these permitted development rights remain subject to their existing approvals by the local planning authority. This allows planning matters to be considered in consultation with the local community.  For example, to change agricultural buildings to homes and flexible commercial use, individuals must seek prior approval from the local planning authority for specific issues and risks including transport and flooding.  Farmers will also be able to convert buildings on agricultural units and former agricultural buildings to a larger number of homes, more suited to rural needs.   Read more on this Defra blog post.

Hedgerow regulations are now enshrined in law

Following the end of cross compliance, Defra consulted on new hedgerow regulations.  These have now been passed by Parliament.  The Management of Hedgerows (England) Regulations 2024 provides a consistent approach for their protection across the country. This includes:

• a 2-metre buffer strip, measured from the centre of a hedgerow, where a green cover must be established and maintained. Also, no cultivation or the application of pesticides or fertilisers should take place within this buffer strip
• a hedgerow cutting ban from 1 March to 31 August (inclusive). 

These practices are subject to exceptions broadly mirroring the previous approach under cross compliance.  Read more on this page.  

Read an update on changes to Class Q and Class R Conversions

Class Q relates to the conversion of barns to residential accommodation and Class R relates to the change of use of agricultural buildings. The main differences for Class Q applications are that as from 21 May 2024 the previous five-unit restriction has been increased to 10 new dwellings.  Alongside this, the amount of space an applicant can convert has increased to 1,000 m², however the maximum size of any dwelling is now 150 m². Therefore, to have 10 new dwellings under Class Q, each one will need to be 100 m² each.  Additionally, an applicant will be able to extend to the back of the barn or agricultural building by up to 4m on any hard surface which was present on or before July 24, 2023.  The biggest factor and advantage for owners is more barns will qualify under Class Q, including those no longer used for agricultural purposes.

From May 21, Class R buildings will also be able to be changed to use Class B2 (general industrial), use Class F2(c) (outdoor sport and recreation) or the provision of agricultural training.  The former floor space limit of 500 m2 has also risen to 1,000 m2.

Read more on this update from our business supporter, Sheldon Bosley Knight.

All poultry keepers must now register their flock with Defra

All poultry keepers will be required to register their birds with Defra this autumn, even if they own just a couple of birds in a garden.. Currently, only those who keep 50 birds or more are required to submit their details. But as part of a move to tighten up on disease control in the wake of recent avian influenza outbreaks, this is being extended to all poultry keepers.   After registering their birds, keepers receive important updates, such as local avian disease outbreaks and information on biosecurity rules to help protect their flocks.  The register will also be used to identify all bird keepers in disease control zones, allowing for more effective surveillance.

New rules for urea-based fertilisers from 1 April 2024

The new rules state that uninhibited solid urea can only be used from 15 January to 31 March, as part of efforts to limit emissions. The new rules only apply to England and affect any fertiliser that contains 1% or more of urea and is soil-applied.  It means solid urea fertilisers must be used with an inhibitor for most of the year.  Uninhibited liquid urea can be used from 15 January to 31 March but must be used with an inhibitor from 1 April unless agronomic justification is provided by a FACTS-qualified farm personnel or adviser.  Compliance will be overseen by Red Tractor, with farm inspections including records of responsible fertiliser use.

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Rules for farmers post cross compliance from 2024 onwards

2023 is the final year of Cross Compliance and all rules must be followed by farmers receiving a single farm payment until 31 December of this year.   From 1 January 2024
Cross Compliance ends as a sanction mechanism and will not apply to delinked payments.  However, most cross compliance standards will continue to apply to farm activities as they are enshrined in other English laws.  Defra has established a Farm Regulation Hub which lists all of the legal requirements for farmers and land managers.  You can access the Hub on this page.

Defra is also looking at ways to fill the gaps in Cross Compliance rules which are not covered by current laws together with better ways of using existing enforcement tools.  They have also run recent consultations on how to protect and manage hedgerows and improve livestock traceability.

Read the rules and regulations for farmers and land managers all on one page

Following feedback, Defra has established a new page on its website which lists all of the rules and regulations for farmers and land managers in one place.  The rules are also arranged in a more intuitive way, by the activities that you undertake.  Defra is keen for further feedback on the new page, so please try and send them your thoughts.  Access the new page here.  

Reminder on water abstraction licences

If your current water abstraction licence is due to expire, and you want to continue to abstract, you need to apply for a new licence at least 3 months before the existing licence expires.  For more information on applying for a water abstraction licence, please visit this website.