Commercial farmland or horticultural land in Wales is, it appears – according to the NFU Wales site – still subject to the very strict controls, which were introduced during membership of the European Union, known as GAEC (Good Agricultural and Environmental Condition) rules. If applicable to allotments, then these would have meant, in principle, a complete cessation of site management actions such as hedge cutting and tree pruning from March 1st to August 31st. Allotments are classed under planning law as agricultural land, but that doesn’t necessarily mean that they are classed as such under other law.
So we asked Google the question “Are allotments covered by GAEC?”, and this was the response:
No, allotments are not generally covered by GAEC (Good Agricultural and Environmental Condition) standards. GAEC primarily applies to agricultural land and practices, while allotments are typically considered as land used for non-commercial gardening and food production by individuals.
Elaboration:
GAEC Definition: Good Agricultural and Environmental Condition (GAEC) standards are a set of rules and requirements designed to ensure that agricultural land is managed in a way that protects the environment and promotes sustainability.
Allotment Purpose: Allotments are primarily for personal food cultivation and recreational gardening, not commercial farming. They are often smaller plots of land rented out by local authorities or private landowners for individual use.
…there was a lot more in this vein.
This supports what we’ve seen the Council do too. That is, on occasions they’ve cut the main hedge in summer using an agricultural cutter, although it’s unclear why they did this, as such maintenance is stated to be a responsibility of PPAA under its Local Management Agreement.
So it would seem that there need be no moratorium on important site maintenance during the spring and summer, but it must be borne in mind, that everyone is still bound by the law which is applicable, and very importantly that includes the Wildlife And Countryside Act 1981, which states:
(1) Subject to the provisions of this Part, if any person intentionally or recklessly
(a) kills, injures or takes any wild bird;
(b) takes, damages, destroys or otherwise interferes with the nest of any wild bird while that nest is in use or being built;
(ba) or at any other time takes, damages, destroys or otherwise interferes with any nest habitually used by any wild bird included in Schedule A1;
(bb) obstructs or prevents any wild bird from using its nest;
(c) takes or destroys an egg of any wild bird,
he shall be guilty of an offence.
So pulling this together would mean that normal maintenance such as hedge cutting and tree pruning can proceed, but every care must be taken to ensure that no bird, its nest, or eggs are damaged or obstructed.
Previously, PPAA Committee have, perhaps understandably, been uncertain on some of these points, but the position does seem clearer now.
PPA Website Team
