Hedge trimming

The Parish Council’s contractors will be doing some minor pruning of some hedges around Carr Lane / Skipwith Road junction this week.

We are aware that some confusion exists around the legality and probity of cutting hedges during the bird nesting season, and this note is intended to clarify the position.

It is an offence under Section 1 of the Wildlife and Countryside Act of 1981 to intentionally damage or destroy the nest of any wild bird while it is in use or being built. As such, it is generally recommended to avoid cutting hedges where feasible during the peak nesting season of March – August.  However, it is not illegal to trim hedges during this time, providing reasonable steps are taken to check that a birds nest will not be damaged or destroyed.  The work being undertaken is not a deep cut into the body of the hedge, simply removing the thin new growth extending into the pavement. As such the contractors can ensure that they are not cutting back into any active nests.

The Highways Act 1980, section 154, creates a legal obligation for the owner or occupier of a property to ensure that the 'public highway' adjacent to their property is not obstructed by vegetation from their property. A 'public highway' means any verge, footway, carriageway, bridleway or footpath that is maintained at public expense and over which the public has a right of way. The pavements where the work is being undertaken are relatively narrow, and it is considered necessary to keep on top of the new growth so that the pavement is not obstructed.

This approach was agreed by the Parish Council at its meeting on 4^th May.  If residents disagree with this approach, can we kindly ask that you do not confront the contractors, but direct your concerns to the Parish Council itself via the contact details on its website.