More to consider before trimming your trees

Therefore from March 1 to August 31 inclusive of each calendar year, no hedges or trees can be trimmed or cut.

This applies to individual trees, trees located in hedges and woodland and located on an "agricultural area".

Therefore any trees within or adjoining boundaries to arable land, temporary grassland, fallow, permanent grass and permanent crops are affected.

In the case of woodland, if the area is eligible for BPS then it will be an agricultural area. If not then it will be non-agricultural land.

The definition of a tree for cutting purposes is one with a diameter which exceeds 8cm, or in the case of coppice or underwood a diameter exceeding 15cm.

This should be measured at 1.3m above ground level. If the diameter is below this, then the cutting and trimming ban does not apply, even if located on agricultural area.

GAEC7 C only relates to cutting or trimming parts of a tree, not to completely felling a tree.

Before felling a tree a felling licence should be obtained from the Forestry Commission.

If a licence is not obtained, this constitutes a breach of cross compliance rules and may lead to penalties.

Rural Payments Agency exemptions apply within the closed period and allow trees to be trimmed when they:

• Overhang a highway, road or footpath, endangering or obstructing vehicles, pedestrians or horse riders

• Obstruct or interfere with the view of drivers of vehicles or the light from a public lamp

• Are dead, diseased, damaged or insecurely rooted and a risk to human safety

• Are in an orchard, or the Secretary of State has given written permission to do so in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production.

Any breaches of the new rules found by an RPA inspector will lead to a Cross Compliance failure and penalties being applied.

* Sarah Hulland is rural professional director at Halls' Kidderminster office