There were 173 responses received and acknowledged in the government’s response.

Generally speaking, there were consistent responses from within the farming sector as with external stakeholders, with only a few areas of wide disagreement.

Based on the consultation responses, the RPA will go ahead with its intention to use the proposed civil sanctions in generally the same way they were set out in the consultation information.

The response signals the commitment to an advice and guidance led approach, ensuring advisory activity is balanced against other enforcement action where needed.

Question mark over non-compliance

There is still a question mark over how suspected cases of non-compliance will be assessed, and work continues to establish this with the RPA.

There is further clarity set out in the finalised version of the statutory guidance explaining that, in severe cases, the civil sanctions and criminal sanctions can be utilised. This was always the RPA’s intention, however, it was ambiguous in the consultation paperwork.

Another clarification was the apparent confusion over different levels of belief that was needed for different civil sanctions.

Further clarification has been included in the statutory guidance to clarify this, the major concern being that a stop notice requires a ‘reasonable belief’ while the remaining civil sanctions (compliance notice, restoration notice and variable monetary penalty) needed a belief ‘beyond reasonable doubt’.

Appeals process

The appeals process was also confirmed following the consultation, leading to appeals either into the First Tier Tribunal or the RPA, depending on the sanction being appealed.

There was a commitment by the RPA that the process for representations, objections and offers of undertaking was as streamlined as possible.

Personal data

Concerns were also raised over personal data being shared outside of the RPA in terms of the record keeping of enforcement actions.

The consultation has confirmed that identifiable information relating to individuals and their businesses will not be being shared. The requirements only relate to the number of cases and what sanction has been used. There is no need for identifiable information to be shared as a part of this work.

The full consultation response can be found at: GOV.UK | Government response to the consultation on hedgerow management.

This consultation has now closed.

The NFU welcomed the opportunity to contribute to the consultation and sharing its comments on the proposed statutory guidance.

We are keen to continue working to support the RPA and Defra in their new approach, emphasising that prevention was better than cure.

While the further explanations of the processes involved in these new civil sanctions were helpful, they did raise further questions about how these would work in practice.

Some of the main NFU asks related to the overall transparency of the civil sanction process, including how decisions will be made on who is visited and how evidence will be collected and managed for the years ahead.

In terms of the support and guidance, there is a clear need for the RPA to appreciate the sheer breadth and variety of hedges growing across England and to understand the various management techniques used to manage these features.

Another concern is the visibility of the RPA as regulator, and this being made clear to other government departments and associated bodies.

The NFU’s feedback form has now closed for responses. We will publish our response shortly.

The RPA (Rural Payment Agency) is to be the regulator for hedgerow management rules. They are now seeking responses on the regulatory approach and use of civil sanctions.

The Management of Hedgerows (England) Regulations 2024 gave the RPA new powers of civil sanction, which can be used as a new means of achieving compliance.

The RPA enforcement will be based on the principle that prevention is better than cure.

The approach will be outcome-focused. While it will be supportive of those who comply with regulations, it will also take further action in more serious cases. 

The NFU is collating its response and would appreciate members answering the short survey below to support our submission to this consultation.

Both the full consultation and associated documents can be found on Defra’s Consultation on the regulatory approach and use of civil sanctions for hedgerow management – Responding to this consultation – Defra – Citizen Space page.

The specific document that will help you fill in the survey is: Regulatory approach and use of civil sanctions for the Management of Hedgerows (England) Regulations 2024 – Annex A Statutory Guidance v1.0

Management of hedgerows – we need your help

Closing date: 19 November 2024