4 Gardening Laws To Be Aware Of This Spring

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The dark and cold winter months can seem a baron time for gardens, as they seemingly appear to be immersed in slumber but this is not the case for a good gardener, who never rests upon his or her laurels. 

Yet, as the days get longer and warmer, the chance to spend greater amounts of time outside from the month of March mean and the joys of spring gardening which can be embraced with vigor by the gardening enthusiasts.

However it is important to note that there a number of gardening laws to be aware of when you undertake a burst of spring gardening.

Bonfires

Bonfires are a excellent way to dispose of the garden rubbish you have been gathering during the winter storms. There is also nothing quite like a good bonfire and the smell of burning wood and garden rubbish.

There are no specific laws preventing you from having a bonfire in your garden. However, you can’t burn household waste if it creates pollution or harms people’s health. You could also be fined if you allow the smoke from your bonfire to cause a hazard to road traffic. If you’re found to be annoying your neighbours then the council could issue you with an abatement notice to stop you burning your waste.

Invasive Non-Native Plants

No other gardening subject has obtained as much press coverage over the last decade as invasive non-native plants. However, it is still clear that many do not how to deal with this growing epidemic including national rail.

It is a criminal offence to allow some plants to escape and spread from your garden. These are some species of non-native plants that have a tendency to become invasive and damage the environment. These include common garden plants like cotoneaster, montbretia and rhododendron. It’s not illegal to have these plants in your garden but you are at risk of being prosecuted if you allow them to spread.

Japanese knotweed is also covered by the same legislation. However, this plant is associated with a number of damaging effects on property. Therefore, you really want to make sure you take steps for removing Japanese knotweed from your garden if you ever spot it. There is lots of guidance on the web for identifying Japanese knotweed, including sites where you can upload photos for experts to identify and comment on.

Wildlife

Birds nest and rear young in the spring and summer and while they are nesting it is a criminal offence to disturb them. This means that you need to check for active nests before you prune or cut down a tree or shrub where birds might be nesting. If you do find nesting birds, just wait a few weeks for the chicks to fledge before you disturb the inactive nest.

A number of animals commonly found in many gardens, particularly those in the countryside, are protected by the law. This includes bats, badgers, reptiles and great crested newts.

Bats can hibernate in the hollows and cracks of old trees and if you harm them by felling their winter home you could be prosecuted.

Similarly, the few species of snake and lizard that are found in the UK are protected. These hibernate in wood piles and leaf litter during the winter. If you harm them during gardening maintenance you could be prosecuted.

Great crested newt is a species of amphibian that has particular habitat requirements, which has made them sensitive to disturbance and caused a rapid decline in their populations. They too are legally protected and as they mostly live on the land, rather than in ponds, they can be harmed in leaf piles, logs and rockeries that are damaged by garden maintenance.

High Hedges

A fast growing, dense and high hedge can block light and views and be the cause of brutal neighbourhood disputes. So much so that they are specifically mentioned in anti-social behaviour law.

If a neighbour’s hedge is found to adversely affect your enjoyment of your home then your local authority can take action to order the neighbour to cut down their hedge and prevent the issue arising again.

If your neighbour’s hedge isn’t unreasonably blocking light or views but its branches are encroaching onto your property, you are allowed to cut them down, up to your boundary. However, technically, you must return the clippings to your neighbour, as they are their property. The same applies to any fruit if it falls on your land.

The above doesn’t apply to boundary hedges, the maintenance of which is jointly shared between neighbours.

Little and Often
Finally, once you have successfully navigate the gardening laws, do not neglect its upkeep. Keeping the above in mind throughout the year and spreading attention at appropriate times will make many jobs easier before preparations for the next spring.

Little and often is the key, because a good gardener never rests!

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