Statutory guidance

Regulatory approach and use of civil sanctions for the Management of Hedgerows (England) Regulations 2024

Published 19 February 2025

Applies to England

Introduction

The Rural Payments Agency (RPA) acts as the regulator in respect of the management of hedgerows on behalf of the Secretary of State for the Department for Environment, Food and Rural Affairs (Defra) as set out in the Management of Hedgerows (England) 2024 (referred to in this document as ‘the Regulations’). These Regulations apply to England only.

The Regulations aim to protect hedgerows on agricultural land as these are important ecological building blocks across our landscapes. Hedgerows provide habitat, act as wildlife corridors, slow soil erosion and water run-off. They protect wildlife, particularly birds during the nesting and rearing season. They also support crop pollinators and sequester carbon as well as enriching the landscape.

This guidance does not cover the removal of hedgerows which is governed separately by the Hedgerows Regulations 1997. If you wish to remove an important hedgerow as defined by the Hedgerows Regulations 1997, you should check with your Local Planning Authority whether you need permission to do so. 

This statutory guidance explains the regulatory approach and the use of civil sanctions policy which will apply in relation to the Regulations. In this guidance, ‘we’ refers to RPA or another party acting on behalf of the Secretary of State in relation to the Regulations.

The examples provided in this guidance are for illustrative purposes only; they describe the way in which RPA might use the powers available, but each case will be judged on its own merits.

Regulations

The Management of Hedgerows (England) Regulations 2024 apply to hedgerows that are defined as:

• on or next to land used for agriculture

and

•  20m long or more 

or

• less than 20m long but meeting another hedgerow at each end

‘Agriculture’ is defined as the use of land for:

• horticulture, fruit growing, seed growing, dairy farming, breeding and keeping of livestock (including horses, ponies and any creature kept to produce food, wool, skins or fur, or for the purposes of its use in the farming of land)
• grazing, meadow land, osier land, market gardens and nursery grounds
• woodlands where that use is ancillary to the farming of land for other agricultural purposes

For the avoidance of doubt, the definition encompasses allotments as they are used for horticulture, fruit growing, food production and so on, and are therefore subject to the no cutting period. However, they are exempt from the buffer strip requirements as set out in the Regulations.

This statutory guidance applies to:

• any person who carries out actions in breach to the requirements of the Regulations regarding cutting or trimming hedgerows
• any person who causes or permits another person to carry out such actions
• any person responsible for maintaining the buffer strips requirement of the Regulations where a breach has occurred

This guidance applies to the following (this list is not exhaustive):

• landowners
• statutory bodies
• farmers
• land managers
• landlords
• tenants
• employees
• family members
• contractors
• members of the public

There are 3 requirements of the Regulations. 

1. You must not cut or trim hedgerows on or next to agricultural land between 1 March and 31 August inclusive, subject to certain exceptions set out in regulations 6(2) and (3) of these Regulations.
2. You must take reasonable steps to establish and maintain green cover on land within 2 metres of the centre of a hedgerow, known as a buffer strip.
3. You must not cultivate a buffer strip or apply fertilisers or pesticides to land within 2 metres of the centre of a hedgerow subject to certain exceptions set out in regulations 5(3)(a), 5(3)(b), 5(4) and 5(5) of these Regulations.

You can read the rules in full for Hedgerow Management Cutting and Trimming and Hedgerow Management Buffer Strips.

Regulatory approach policy

RPA adopts the regulatory principle that prevention is better than cure. Our approach in the first instance is to advise, guide and educate those who manage hedgerows where appropriate, to:

• enable compliance
• prevent harm to the environment

Where providing advice and guidance does not result in compliance, we will use the legal powers available to us to enforce the Regulations. There may also be some circumstances where advice and guidance alone is not appropriate.

Our regulatory approach and the use of civil and criminal sanctions will align with the Regulators’ Code and the Better Regulation Principles. We will focus on:

• proportionality
• consistency
• risk-based activity
• supporting responsible persons to comply

The Regulators’ Code is a framework for how regulators should engage with those they regulate.

RPA Regulators’ Code shows how RPA meets the 6 standards of the code to make sure we are open and fair with those we regulate. 

The Better Regulation guidance explains how officials are required to comply with the Better Regulation Framework to ensure that regulatory provisions are appropriately considered and scrutinised.

We will operate in line with the Defra enforcement policy statement.

Outcome focused regulatory approach 

RPA will work with and support those we regulate to do the right thing by using an outcome focused approach. This means that in most cases we will look to provide advice and guidance in the first instance before taking enforcement action. However, this may not always be appropriate and we may consider civil or criminal sanctions as an immediate response where needed.

We will use a monitored approach to the application of the requirements and will make appropriate interventions aimed at helping those responsible for managing hedgerows on agricultural land to comply with the regulations including:

• targeted communications such as timely reminders, hints and tips, and advice, offering proactive and supportive guidance where it is needed
• regular evaluation of the effectiveness of our approach to allow us to continuously improve the help we are able to provide
• a risk-based selection of interventions to minimise the regulatory burden

We will take an evidence and risk-based approach for decisions on any further action. If advice and guidance is offered first, we may still escalate and seek to impose civil or criminal sanctions, but only if appropriate. To ensure consistency, any use of sanctions will be considered by a regulatory oversight panel, independent of any RPA field officer, before any sanctions are applied. This is an established process within RPA for other regulations and will model good practice from other existing regulators.

Advice and Guidance

We will advise, guide and support those we regulate to become compliant with the Regulations. 

If you have committed an offence determined to not warrant immediate use of sanctions, you will get advice at the time which will also be confirmed in writing to remind you of the requirements. This may give you the opportunity to remedy the offence at the time with no civil sanction being imposed.  

Mitigating factors, not in order of priority and not exhaustive, which may make the consequences of an offence less serious include: 

• first offence or good compliance record
• scale or impact of offence
• minor level of responsibility or culpability
• admission of responsibility or readiness to co-operate with RPA

If later evidence shows the offence does warrant further enforcement action, there is a possibility that civil sanctions and/or criminal proceedings may be utilised. 

We will keep official records of your compliance history as evidence. This includes any advice given orally or in writing. 

Advice and guidance may also be offered where no offences are identified, has been asked for, or if we feel it may be helpful or prevent an offence in the future.  

In all cases, verbal advice provided will be confirmed in writing explaining any actions necessary to encourage good practice.  

Investigation powers

Right of entry 

The Management of Hedgerows (England) Regulations 2024 give RPA officers the right to enter any land or premises, at any reasonable hour, to: 

• find out if there is or has been any breach of the management requirements
• determine whether and how any of the powers granted to RPA as Regulator should be exercised in relation to the land or premises or any other land or premises
• check if there has been compliance with any requirement imposed at an earlier time in relation to the land or premises or any other land or premises

Officers will produce evidence of their authority if required and state the reason for their entry. You can verify who they are by calling RPA’s Customer Service Centre on 03000 200 301.  

Powers of entry 

We may bring any equipment or materials to gather evidence and to carry out the following investigations and actions: 

• observe and view
• require explanations
• seek or require information or records
• take copies of documents
• direct other public bodies to investigate as appropriate
• take possession of and detain substances or articles found

We may make measurements, take samples and photographs and make recordings as we consider necessary for the purpose of any examination or investigation. 

On leaving the land, if the owner or occupier is not present, the officer must leave the land as effectively secured against trespassers as it was at the time of entry. 

Any person who wilfully obstructs a person acting in the exercise of right of entry shall be guilty of an offence, and liable on summary conviction to a level 3 fine. The fine levels are based on the Sentencing Council guidelines.  

What to expect on a site visit 

During a typical hedgerow visit an RPA Officer will: 

• visit your land and check compliance with these Regulations
• discuss their findings with you before leaving (where possible)
• send you written confirmation of their findings and include any advice and guidance

The outcome of a visit  

Where non-compliance is found, RPA have the option to provide advice and guidance, or to impose civil or criminal sanctions dependent on their findings at a site visit. 

Civil sanctions

There are 4 civil sanctions available to RPA under these Regulations:

1. Stop Notice
2. Compliance Notice
3. Restoration Notice
4. Variable Monetary Penalty (VMP) up to a maximum of £250,000

These sanctions cover any of the offences under the Management of Hedgerows (England) Regulations 2024.

The flexibility of these civil sanctions allows us to take steps to ensure future compliance, to halt damaging activities and restore any environmental features. 

They will allow us to distinguish more effectively between those with a good general approach to compliance and those who tend to disregard the law. This means that those who have saved costs through non-compliance do not gain an unfair economic advantage over those who have complied.

We must be satisfied ‘beyond reasonable doubt’ that an offence has been committed and notwithstanding any defence raised, the person would be liable to be convicted of that offence before using a compliance notice, restoration notice, or VMP. For stop notices we must have reasonable belief that an offence has been or is likely to be committed. 

Proportionate use of sanctions  

Regulatory activities will be carried out in a way which is transparent, accountable, proportionate, and consistent.  To ensure the sanctions are issued in this way, we will assess each case on its own merits and facts. This includes consideration of the seriousness, circumstances, nature (type, intent, and scale) and impact of the offence, including any mitigating or aggravating factors, and what can be done to rectify it. 

We will consider a range of potential mitigating or aggravating factors including but not limited to:  

• the extent of any damage
• if any steps have been taken to remedy the issue
• if you have acted on previous advice and guidance
• if you have reported the relevant offence to us
• your previous compliance history and the frequency of offences
• if there is an intention to deceive
• how culpable you are
• any poor conduct after the relevant offence is drawn to your attention
• any attempts to obstruct and/or make the investigations of our officers difficult
• any mental health or physical health issues
• whether the incident reflects the practices typically employed by the landowner, manager or persons responsible
• whether the incident has occurred due to lack of reasonable awareness of rules by landowner, manager or persons responsible
• whether cutting or trimming activity stemmed from, or was in connection with, legitimate actions carried out under one of the specified exemptions e.g. roadside cutting or trimming, and whether this was more than required
• whether cutting or trimming/activity could have been permitted under the written permission/derogation exemption provision had the person applied in advance

Civil sanctions will be proportionate to the offence and are intended to: 

• address the non-compliance in good time
• deter the continuation of non-compliance and the likelihood of future non-compliance
• reduce any harm associated with the non-compliance
• allow escalating actions to secure compliance

In some cases, there may be 2 or more people involved in the commission of an offence. For example, if a contractor was to cut a hedgerow on behalf of a landowner. We will consider separately each party’s involvement in the offence. We may take different approaches for each party, reflecting their role in committing the offence, as well as any relevant aggravating/mitigating factors relating to each party. 

Where you may have relied on advice from a third party, we will also consider their role in any offence committed. 

We may use a combination of civil sanctions to bring about compliance.

Stop Notices

A Stop Notice prevents a person from carrying on with an activity until they have taken the steps specified in the notice to come back into compliance. They can only be used where we reasonably believe that an unlawful activity is causing, or presents a significant risk of causing, serious damage to a hedgerow covered by these requirements.

A Stop Notice may be issued for the following reasons, this list is not in order of priority and is not exhaustive:

• when it is reasonably believed that the activity is likely to continue and is causing, or presents a significant risk of causing serious damage
• opportunities to self-correct are not taken up, and either the activity is continuing or in anticipation of it continuing based on previous history
• when advice and guidance has been given but not followed

Example

(For illustrative purposes only and details are not binding – each case will be considered on its own facts)

During a farm visit, an RPA field officer finds that a landowner is cultivating land within the 2 metre buffer strip. This is not in adherence to hedgerow management rules.

Discussions with the landowner indicate he is aware of the rules but plans to continue to cultivate the land as he is keen to maximise the cropped area. This conduct is considered an aggravating factor. The field officer reports their findings and the regulatory oversight panel decides that a Stop Notice is required. The notice is issued which instructs the landowner to stop cultivating within the 2 metre buffer strip.

A follow up visit takes place which confirms that the landowner has complied with the notice and a completion certificate is issued. Additional civil sanctions may still be appropriate in respect of this same offence, for example a restoration notice. In this case, further follow up visits could apply.                                

When a Stop Notice is issued

We will serve you with a Stop Notice in writing with the aim of immediately stopping an action that is being or is about to be carried out.

A Stop Notice will set out:

• the grounds for serving the Stop Notice
• any steps you must take to comply with the Stop Notice
• your rights to appeal
• the consequences of non-compliance with the Stop Notice

We may not serve a Stop Notice if you have already:

• taken appropriate steps to address the non-compliance
• received a monetary penalty for the same offence

If the offence is a continuing one, we may serve a Stop Notice in relation to the continuation of the offence after you have received a monetary penalty.

We may at any time in writing withdraw a Stop Notice, amend the steps that are required to alter the amount of work necessary to comply with the notice, or issue a replacement notice.

If you are issued a Stop Notice you have the right to appeal to the General Regulatory Chamber of the First-tier Tribunal if you disagree with the notice. For more information, read the Appeals to the First-tier Tribunal section. If the Stop Notice is upheld following any appeal, we will undertake a follow up visit. A decision will then be made whether to issue a Completion Certificate (see Completion Certificate section).

If we refuse to provide a Completion Certificate, you have the right to appeal to the General Regulatory Chamber of the First-tier Tribunal.

A Stop Notice will stay in place until you have completed all the required action, and you have applied for and been issued with a Completion Certificate.

If you do not comply with a Stop Notice within the time specified in the notice, it can result in a criminal prosecution.

Completion Certificate

A Completion Certificate is written confirmation that we are satisfied that you have taken the relevant steps specified in the Stop Notice. 

After you have completed the actions specified in the Stop Notice, you can apply for a Completion Certificate at any time. You should do this by contacting the RPA using the guidance which will be sent to you as part of your Stop Notice.

We will inform you in writing of our decision within 14 days from the date we receive your application. If we are satisfied that you have complied with the Stop Notice, we will issue a Completion Certificate.

If a Completion Certificate has been issued based on wrong information, we will consider if we need to issue another stop notice and/or serve other civil sanctions or criminal prosecutions.

If you fail to stop, repeat or recommence the activity, we will consider further civil sanctions or criminal prosecutions.

When a Completion Certificate is declined 

If we decide not to issue a Completion Certificate, we will write to you to explain our reasons for this and explain your rights to appeal to the General Regulatory Chamber of the First-tier Tribunal. You have the right to appeal on the grounds that the decision was:

• based on an error of fact
• wrong in law
• unfair or unreasonable
• wrong for any other reason

For more information, read the Appeals to the First-tier Tribunal section.

When compensation is paid 

RPA must compensate a person for loss suffered due to the Stop Notice or refusal of a Completion Certificate in relation to a Stop Notice and where:

• a Stop Notice is subsequently withdrawn or amended by the regulator because the decision to serve it was unreasonable or any step specified in the notice was unreasonable
• the person successfully appeals against the Stop Notice and the General Regulatory Chamber of the First-tier Tribunal finds that the service of the notice was unreasonable
• the person successfully appeals against the refusal of a Completion Certificate for a Stop Notice and the General Regulatory Chamber of the First-tier Tribunal finds that the refusal was unreasonable

You have the right to appeal against a decision not to be awarded compensation or the amount of compensation on the grounds that the decision made was:

• unreasonable
• based on an error of fact

You can also appeal for any other reason.

For more information go to the Appeals to the First-tier Tribunal section.

Compliance Notice

A Compliance Notice requires the person responsible to take specified steps, within a specified time period, to make sure that an offence does not continue and to become compliant with the Regulations.

A Compliance Notice may be issued for the following reasons, this list is not in order of priority and is not exhaustive:

• advice and guidance is not followed or opportunities to self-correct are not taken up
• persons responsible are aware of the rules
• there is a likelihood that the activity will continue, and that advice and guidance alone will not be sufficient to secure compliance

Example

(For illustrative purposes only and details are not binding – each case will be considered on its own facts)

A farmer has cut hedgerows in the no cutting period for the second year in a row, and exemptions were not applicable. They were new to farming in the first year, so in this particular instance it was decided that in response to the breach of the rules, written advice and guidance would be provided to make sure that they understood the rules and what they needed to do in the future.

During the second RPA visit, discussions demonstrated that the farmer was now fully aware of their obligations but had chosen to cut anyway expressing their disregard for the rules in doing so. The field officer reports the facts to the regulatory oversight panel.

The panel decides that a compliance notice is required to prevent continuation or recurrence of the offence, and a notice of intent is issued. The resulting compliance notice requires the farmer to not cut any hedgerows until 1 September. The field officer returns on 31 August and confirms no further cutting of hedgerows has taken place. The requirements of the notice have been complied with, and the compliance notice ends.

Additional civil sanctions, such as a variable monetary penalty may still be appropriate in respect of this same offence. The farmer may also be considered for a follow up visit next year.

When a Compliance Notice is issued

We may issue a Compliance Notice where a breach of the Regulations is identified. Where a Compliance Notice is deemed appropriate, we will firstly issue a Notice of Intent.

 This must include:

• the grounds for the proposed Compliance Notice
• the requirement of the proposed Compliance Notice
• your right to make written representations, objections or offers of undertaking to us within 28 calendar days (beginning on the day the Notice of Intent was received)
• the circumstances in which we may not impose the Compliance Notice (including any defences relating to the offence for which the notice is served)

You will then have 28 calendar days from the receipt of the Notice of Intent to make any written representations or objections to us.

When we receive your representations or objections, we will review your case considering any new relevant information you have provided. We will also consider any offers of an undertaking you have made and inform you of our decision. You can read the Representation, Objections and Undertakings section for more information.

After considering this new information, we will either:

• continue to serve a final compliance notice with no changes to the compliance requirements 
• continue to serve a final compliance notice but with changes to the compliance requirements 
• not serve a final compliance notice  

Our decision will be based on: 

• circumstances such as illness or events outside of your control
• relevant information not being made available to us before we served you with the Notice of intent

If no representations or objections are received or if an offered undertaking is not accepted, a Compliance Notice will then be issued.

A Compliance Notice will set out:

• why the notice was issued
• any steps you must take to comply with the notice
• the expected timeframe for compliance with the Compliance Notice
• your rights to appeal
• the consequences of non-compliance with the Compliance Notice

We may at any time in writing withdraw a Compliance Notice, amend the steps that are required to be taken to alter the amount of work necessary to comply with the notice, or issue a replacement notice.

You can appeal against the Compliance Notice to the General Regulatory Chamber of the First-tier Tribunal. For more information, read the Appeals to the First-tier Tribunal section.

If you do not comply with a Compliance Notice, we may issue a notice imposing a monetary penalty for non-compliance. This is called a Non-Compliance Penalty Notice.  

This Notice will set out:

• why the Notice was issued
• the amount to be paid
• how payment must be made
• the timeframe in which payment must be made
• the right to appeal
• the consequences of not making the payment within the required timeframe
• any circumstances where we may reduce the penalty amount

We may at any time in writing withdraw a Non-compliance Penalty Notice or reduce the amount specified in a Non-compliance Penalty Notice. These abilities do not prevent us from withdrawing a Non-compliance Penalty Notice and issuing a replacement notice.

Non-compliance with the original Compliance Notice can also result in criminal prosecution.

Restoration Notice

A Restoration Notice requires the person responsible to take specified steps within a specified time period to ensure that the position is restored, so far as possible, to what it would have been had no offence been committed. We will consider the facts and circumstances of each individual case. 

A Restoration Notice may be issued for the following reasons, this list is not in order of priority and is not exhaustive:

• advice and guidance have been given and not followed
• opportunities to self-correct are not taken up
• serious damage has occurred and recovery will take more than a growing period
• the extent of damage caused by activity is such that the buffer strip is no longer protecting the hedgerow or the hedgerow has been damaged as a consequence, or both

Example

(For illustrative purposes only and details are not binding – each case will be considered on its own facts)

An RPA field officer on a visit has found all hedgerows buffer strips have been cultivated. The field officer discusses the situation with the landowner to understand any aggravating or mitigating factors in respect of the breach of the buffer strip requirements. The field officer reports the findings to the regulatory oversight panel.

The panel consider that in this case a restoration notice would be appropriate and issues a notice of intent. There are no objections raised by the landowner and a restoration notice is issued requiring the landowner to reinstate the buffer strips. This will make sure the hedgerow is protected as it was before the offence occurred.

The field officer returns after an agreed time and finds the buffer strips have been restored. The requirements of the notice have been complied with, and the restoration notice ends. Additional civil sanctions may still be appropriate in respect of this same offence. A follow up visit for the landowner may be considered in the next cropping year.

When a Restoration Notice is issued

We may issue a Restoration Notice where a breach of the Regulations is identified. Where a Restoration Notice is deemed appropriate, we will firstly issue a Notice of Intent.

This must include:

• the grounds for the proposed Restoration Notice
• the requirement of the proposed Restoration Notice
• your right to make written representations, objections and offers of undertaking to us within 28 calendar days (beginning on the day the Notice of Intent was received)
• the circumstances in which we may not impose the Restoration Notice (including any defences relating to the offence for which the notice is served)

You will then have 28 calendar days from the receipt of the Notice of Intent to make any written representations or objections to us. 

When we receive your representations or objections, we will review your case considering any new relevant information you have provided. We will also consider any offers of an undertaking you have made and inform you of our decision. You can read the Representation, Objections and Undertakings section for more information.

After considering this new information, we will either:

• continue to serve a final restoration notice with no changes to the restoration requirements 
• continue to serve a final restoration notice but with changes to the restoration requirements 
• not serve a final restoration notice  

Our decision will be based on: 

• circumstances such as illness or events outside of your control
• relevant information not being made available to us before we served you with the Notice of Intent

If no representations or objections are received or if an offered undertaking is not accepted, a Restoration Notice will then be issued. 

A Restoration Notice will set out:

• why the notice was issued
• any steps you must take to comply with the notice
• the expected timeframe for compliance with the Restoration Notice
• your rights to appeal
• the consequences of non-compliance with the Restoration Notice

We may at any time in writing withdraw a Restoration Notice, amend the steps that are required to be taken to alter the amount of work necessary to comply with the notice, or issue a replacement notice.

You can appeal against the Restoration Notice to the General Regulatory Chamber of the First-tier Tribunal. For more information, read the Appeals to the First-tier Tribunal section.

If you do not comply with a Restoration Notice, we may issue a notice imposing a monetary penalty for non-compliance. This is called a Non-Compliance Penalty Notice. 

This notice will set out:

• why the notice was issued
• the amount to be paid
• how payment must be made
• the timeframe in which payment must be made
• the right to appeal
• the consequences of not making the payment within the required timeframe
• any circumstances where we may reduce the penalty amount

Non-compliance with the original Restoration Notice can also result in criminal prosecution.

Variable Monetary Penalty

In more serious cases, a Variable Monetary Penalty (VMP) allows RPA to set the level of financial penalty to offset any financial benefit of non-compliance. 

A VMP may also be used as an alternative to criminal sanctions for significant offences where there are strong aggravating factors.

They may also be appropriate where previous civil sanctions have failed to secure compliance. All monies from VMPs goes into the Government’s consolidated fund. 

A VMP could be up to a maximum of £250,000, but the amount will depend on the circumstances in each case.  

A Variable Monetary Penalty may be issued where advice and guidance has not been followed and/or there is a likelihood of financial gain by the responsible persons involved. For example, contracting business or the landowner or both.

Example

(For illustrative purposes only and details are not binding – each case will be considered on its own facts)

While driving to a farm in late August, an RPA field officer notices a number of freshly cut hedgerows on neighbouring holdings. Following discussion with the farmer they are visiting, they establish that a lot of hedgerows in the local area have been cut in the last few days by the same contractor. The farmer provides the contractor’s name as he is unhappy that they have been ignoring the rules.

Following a visit to the contractor, they confirmed they are aware of the rules but continued to cut anyway inside the no cutting window without the consent of the landowner. The clear purpose of this was to get ahead by cutting as much as possible, out of view, during the no cutting window to free up time in the cutting window.

After considering all of the facts, the regulatory oversight panel decide that given the nature of the offence and financial gain to the contractor, a VMP is the most appropriate sanction. The penalty is calculated based on the overall extent of the offence and financial gain and a Notice of Intent is issued to the contractor.

The contractor makes a representation stating that some of the cutting and trimming was for road safety reasons. RPA considers the representation and agrees with the contractor that it would have been covered by the road safety exemption. A modified VMP final notice is issued.

The requirements of the notice are complied with and no further debt recovery steps are needed. A follow up visit to the contractor and the other parties involved, may be considered for the next year.

When a VMP is issued

If a breach is identified and a VMP is deemed appropriate, we will issue a Notice of Intent.

This must include:

• the grounds for the proposed VMP
• the requirement of the proposed VMP
• the amount of the penalty
• your right to make written representations, objections and offers of undertaking to us within 28 calendar days (beginning on the day the Notice of Intent was received)
• the circumstances when we may not impose the Notice (including any defence relating to the offence in relation to which the notice is served)

You will then have 28 calendar days from the receipt of the Notice of Intent to make any written representations or objections to us.

When we receive your representations or objections, we will review your case considering any new relevant information you have provided. We will also consider any offers of an undertaking you have made and inform you of our decision. You can read the Representation, Objections and Undertakings section for more information.

After considering this new information, we will either:

• continue to serve a final VMP notice with no changes to the penalty amount 
• continue to serve a final VMP notice but with changes to the penalty amount
• not serve a final VMP notice  

Our decision will be based on: 

• circumstances such as illness or events outside of your control
• relevant information not being made available to us before we served you with the Notice of Intent

A VMP will not be applied if:

• we are no longer satisfied beyond reasonable doubt that you committed the offence
• we think the proposed monetary penalty is no longer appropriate following new information provided in respect of the financial benefit you gained from the offence

If no representations or objections are received or if an undertaking offered is not accepted, a VMP will then be issued.

 A VMP Notice will set out:

• why the notice was issued
• the amount to be paid
• how payment may be made
• the period to make payment
• any early payment discounts
• any late payment penalties
• your rights to appeal
• the consequences of non-compliance with the VMP

We may at any time in writing withdraw a VMP Notice and serve a replacement notice for a higher or lower amount. This could be due to receipt of further information, meaning we believe the original penalty no longer appropriately reflects the financial benefit you gained from the offence.

You can appeal against the VMP to the General Regulatory Chamber of the First-tier Tribunal. For more information, read the Appeals to the First-tier Tribunal section.

What reasonable and proportionate means

We will calculate what level of monetary penalty is reasonable and proportionate, based on the nature, seriousness, and circumstances of the offence.

‘Reasonable’ means an ordinary person would think the proposed monetary penalty amount is appropriate for the offence committed.

‘Proportionate’ means there is a clear relationship between the proposed monetary penalty amount and:

• how much you are likely to have gained financially from the offence
• how seriously your offence undermined the Management of Hedgerows (England) Regulations 2024
• what is needed to deter you and others from future offending

When evidence and information is required 

We may ask for information on your financial situation or any financial benefit you may have gained from the offence to inform our decision making.

If we think there is not enough information to calculate any financial benefit, we could ask you to provide further documents. If you cannot or will not assist, we will calculate the penalty amount based on the information already available to us.

If we are considering imposing monetary penalties for 2 or more people for the same offence, we will consider each person separately. If we are considering imposing penalties on a corporation and an officer working for that corporation, we will consider the corporate body and the officer separately.

To decide the VMP amount, we must take into account the voluntary reporting by any person of their own non-compliance.

To decide the monetary penalty amount, we may consider:

• any early action to remedy the non-compliance and its effects
• culpability (blame) and harm factors, when determining the seriousness of the offence
• any intention to deceive or conceal activity
• the scale of the offending
• whether there are multiple offences
• compliance history, in particular frequency of offending
• whether the offence was committed by an individual or a corporation
• the duration of the offence
• any financial benefit unlawfully gained as a result of the offence
• the financial position of an individual or a business and their ability to pay the monetary penalty
• whether the total monetary penalty is reasonable and proportionate to the offending behaviour

Criminal prosecutions

In some circumstances, you may face a criminal prosecution. For example, if the offence is too serious for a civil sanction or if you dispute the offence and your part in it.

Factors that could make an offence more serious might include, but are not limited to:

• large scale offending
• multiple offences
• offences continuing over a longer time period
• making a profit because of the offence
• trying to hide the offence or your illegal activity
• continuing to break the law after facing other enforcement actions
• not complying with a Stop Notice
• obstructing a field officer or RPA Official

We may consider any of the following before deciding whether to start criminal proceedings:

• the impact, or potential impact, the offence has had on the hedgerow
• your response to any previous advice and guidance
• how much you have benefitted, financially or in any other way from the offence

This list is not exhaustive and other relevant factors will be considered when the appropriate penalty is decided.

If you are convicted of an offence following a prosecution, you would face a fine. 

Criminal prosecutions are conducted by the Crown Prosecution Service (CPS). We will follow their prosecution procedures when we decide whether to refer a case to the CPS. 

Enforcement Cost Recovery Notices

An Enforcement Cost Recovery Notice (ECRN) allows us to charge for the costs we incur in relation to enforcing these Regulations. We do not intend to serve ECRNs initially, but this will be kept under review. As and when we decide to bring into force the relevant provisions of the Regulations, we will issue further guidance.

Representations, Objections and Undertakings

If you have been issued with a Notice of Intent for a Compliance Notice, Restoration Notice or VMP you have the right to make written representations, or objections, or offer any undertaking to benefit any person affected by the offence. This means you may write to us (details below) within 28 calendar days of the notice being received to tell us anything you think is relevant to the alleged offence. 

Email at ruralpayments@defra.gov.uk 

Write to us at:

Rural Payments Agency

PO Box 352

Worksop

S80 9FG

When we receive your representations or objections or any undertaking offered, we will review your case considering any new relevant information you have provided.

After considering this new information, we will either:

• continue to serve the final notice with no changes
• continue to serve the final notice but with changes which may reduce or increase the severity based on the information you provide
• not serve the final notice  

Where an offer of an undertaking is accepted this will be in lieu of serving the final notice. The conditions of the undertaking will be confirmed by us in writing.

Our decision will be based on: 

• circumstances such as illness or events outside of your control
• relevant information not being made available to us before we served you with the Notice of Intent

If we decide to issue the Compliance Notice, Restoration Notice or VMP and you disagree with it, you will have the right to appeal to the General Regulatory Chamber of the First-tier Tribunal within the timeframe specified in the notice. For more information, read the Appeals to the First-tier Tribunal section.

Appeals to the First-tier Tribunal  

The First-tier Tribunal comprises of seven chambers that deal with disputes in several diverse areas of the law. The General Regulatory Chamber within the First-tier tribunal hears appeals against decisions made by government regulatory bodies.  

The First-tier Tribunal is independent. The First-tier Tribunal only deals with appeals against civil sanctions and is not concerned with criminal proceedings. They will listen to both the person making the appeal and RPA’s representations before they reach a decision. 

The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules (2009) (SI 2009/1976) set out many aspects of the tribunal procedure. This includes: 

• how you can lodge an appeal with the First-tier Tribunal
• how affected parties will be notified of the appeal
• specific documents the First-tier Tribunal needs
• the deadline for making an appeal to the First-tier Tribunal

If you have been issued with a Stop Notice and you disagree with it, you have the right to appeal to the General Regulatory Chamber of the First-tier Tribunal within the timeframe specified in the Notice.

The Stop Notice remains in effect unless the Tribunal directs otherwise. If you are appealing a Compliance Notice, Restoration Notice, or VMP, the Notice is suspended during the appeal. If you are appealing a VMP you are not required to pay the penalty until the Tribunal has made any decision.

If we have decided not to issue you with a Stop Notice Completion Certificate you have the right to appeal to the General Regulatory Chamber of the First-tier Tribunal within the timeframe specified in the decision letter.

How to appeal

To appeal, you must send a notice of appeal to the General Regulatory Chamber of the First-tier Tribunal. You can appeal against the:

• the Final Notice of the civil sanction
• written decision not to issue a Stop Notice Completion Certificate
• decision not to award compensation or the amount of compensation in relation to a Stop Notice

You must appeal within 28 calendar days from the date you receive our notice or decision.

First-tier Tribunal: appeal outcomes 

For appeals against civil sanctions the General Regulatory Chamber of the First-tier Tribunal may:

• refuse an application to suspend the notice
• direct RPA to suspend the notice until the appeal has been determined
• direct RPA to suspend the notice for as long as specified by the First-tier Tribunal or withdraw or confirm the notice
• vary any activities specified in the notice
• vary any steps you need to take that are specified in the notice
• vary the amount of a monetary penalty you must pay
• vary the terms for making the payment, such as extending the deadline to make payment or allowing you to pay by instalments
• substitute the civil sanction for a different civil sanction
• refer back to us the decision whether to confirm the penalty
• refer back to us on any other matter relating to the original decision

We will consider the decision of the First-tier Tribunal. If the matter is referred back to us by the First-tier Tribunal for a decision, we can impose the same sanction, or we may decide to impose a different sanction. In rare cases we may decide to appeal the decision.

First-tier Tribunal: Stop Notice Completion Certificate outcomes

For appeals against a refusal to issue a Stop Notice Completion Certificate, the First-tier Tribunal may:

• require us to issue a Completion Certificate
• confirm our decision not to issue a Completion Certificate
• refer back to us the decision whether to issue a Completion Certificate, or any matter relating to that decision

We will consider the decision of the First-tier Tribunal. If the matter is referred back to us by the First-tier Tribunal for a decision, we will be entitled to impose the same sanction, or we may decide to impose a different sanction.

Publication

Under the Regulations we must publish a report about the use of civil sanctions. The report must include cases where a: 

• civil sanction has been imposed
• Variable Monetary Penalty, Restoration or Compliance Notice has been accepted

We do not have to include any information in the report that we think: 

• would be inappropriate
• would be unlawful
• might adversely affect current investigations or proceedings

We may include information from the police and the CPS if appropriate. We may also publish criminal prosecution information. 

The report will be published as a list that will be updated on a periodic basis, at least annually. 

We will report whether a Completion Certificate has been issued after people have complied with a Stop Notice. If a Completion Certificate is issued after the Stop Notice is first reported on, the details of the Completion Certificate will be added the next time the publication is updated. 

Relevant legislation

The Management of Hedgerows (England) Regulations 2024.