Author Topic: Bramble Clearance (Read 3722 times)

BrimwoodFarm · « **on:** March 30, 2019, 10:50:19 am »

Has anyone got advice/info on legalities of clearing brambles?

As I understand it trees and hedgerows cannot be cut between March 1st and August 31st to safeguard our birds and of course, the Wildlife and Countryside Act 1981 prevents the intended removal of nests being used or built by birds. But what about bramble patches? As long as I'm careful to ensure there are no nests, can I still cut these back through the year?

I'm trying to restore a couple of old ponds on my farmland and they're surrounded by brambles. It's just me so trying to clear these thickets during winter is pretty hard (esp as I live 2 hours away so daylight hours are few and far between with a 4 hour commute) so chipping away at them whenever i get the chance is all I can aim to do.

arobwk · « **Reply #1 on:** March 30, 2019, 05:01:15 pm »

I would also be interested in hearing the views of any more knowledgeable folk than me. However, my understanding on such matters is that it is simply an offence to disturb any wild birds in the process of nest-building through to the fledging of any chicks. Otherwise, I seem to think that one can do what one wants whenever one wants as long as one is sure (by prior surveillance) that no "nesting" birds will be disturbed by one's operations.
That would apply as much to gardeners as to farmers (although I'm guessing that farmers receiving various management payments might be subject to additional rules).

What I've yet to get my head around is how silage and hay cuttings are legally possible without a field survey for ground nesting birds !!!!!!!

landroverroy · « **Reply #2 on:** March 30, 2019, 06:30:51 pm »

The offence is to deliberately disturb birds' nests between April and end of August. How do I know? Because a sad, pathetic neighbour reported me and I was taken to court, even though no nests were disturbed and we had carefully marked with a cross the trees that had nests in. Needless to say it was thrown out of court for lack of evidence.

So - in answer to your question - yes if there's no visible nests in your brambles, then go ahead.

BrimwoodFarm · « **Reply #3 on:** March 30, 2019, 08:28:11 pm »

Wow, I'm glad it was thrown out! For goodness sakes!

So is the ban on farmers cutting trees and hedgerows between those dates to do with basic payment schemes and therefore, if you don't receive any, go right ahead as long as you don't disturb birds? It's hard to get your head around some of these rules and regulations!

BrimwoodFarm · « **Reply #4 on:** March 30, 2019, 08:38:34 pm »

Quote from: arobwk on March 30, 2019, 05:01:15 pm

What I've yet to get my head around is how silage and hay cuttings are legally possible without a field survey for ground nesting birds !!!!!!!

I had not even thought of this but it's a very good point!

macgro7 · « **Reply #5 on:** March 31, 2019, 09:40:46 pm »

Yes, you need couple of goats. I cleared my land and the neighbours with our milking goats.

landroverroy · « **Reply #6 on:** April 01, 2019, 09:23:44 pm »

Quote from: BrimwoodFarm on March 30, 2019, 08:28:11 pm

Wow, I'm glad it was thrown out! For goodness sakes!

So is the ban on farmers cutting trees and hedgerows between those dates to do with basic payment schemes and therefore, if you don't receive any, go right ahead as long as you don't disturb birds? It's hard to get your head around some of these rules and regulations!

It's not exactly a ban. It is a recommendation because it is the nesting season and therefore there is more likelihood of disturbing nests. It doesn't affect the subsidies, but you just have to do your best to make sure that no nests are disturbed.

BrimwoodFarm · « **Reply #7 on:** April 02, 2019, 08:39:38 pm »

I would LOVE goats up there but there is NO fencing at all. My granddad used traditional hedging but you can imagine what's happened to that since he died in 1999 (and in fact, how things got away from him in old age - he died at 89). I definitely intend to use goats myself to help with the issue, and also pigs in the gravel pit which is grossly overgrown with nettles and bracken.

I actually contacted the FAS about the issue and they gave me some interesting info regarding what constitutes a hedgerow etc. Basically brambles are fine as long as they're not 'part' of a hedgerow or boundary AND the area is first investigated for possible nesting sites.

One of the reasons I like to get it right is I run a YouTube channel and am likely to get trolled at some point for doing something wrong which, obviously, don't want to lead to fines etc!