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The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005

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This is the original version (as it was originally made).

Meaning of “hedgerow” in paragraphs 10, 11 and 12

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13.—(1) Subject to sub-paragraph (3), paragraphs 10, 11 and 12 apply to any hedgerow growing in, or adjacent to, any land which forms part of the farmer’s holding, if—

(a)it has a continuous length of at least 20 metres; or

(b)it has a continuous length of less than 20 metres and, at each end, meets (whether by intersection or junction) another hedgerow.

(2) Subject to sub-paragraph (3), a hedgerow is also one to which these Regulations apply if it is a stretch of hedgerow forming part of a hedgerow such as is described in sub-paragraph (1).

(3) Paragraphs 10, 11 and 12 do not apply to any hedgerow within the curtilage of, or marking a boundary of the curtilage of, a dwelling-house, except that paragraph 10 does apply to land on the side of the hedgerow which is facing away from the dwelling house where that hedgerow marks a boundary of the curtilage of that dwelling house.

(4) A hedgerow which meets (whether by intersection or junction) another hedgerow is to be treated as ending at the point of intersection or junction.

(5) For the purposes of ascertaining the length of any hedgerow—

(a)any gap resulting from a contravention of the Hedgerows Regulations 1997; and

(b)any gap not exceeding 20 metres,

shall be treated as part of the hedgerow.

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