Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 664: To ask the Minister for the Environment, Heritage and Local Government if he intends to introduce any regulations or a guidance manual for planning authorities to ensure that hedgerows are protected in development plans; and if he will make a statement on the matter. [30592/05]

Dick Roche (Wicklow, Fianna Fail)
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It is Government policy to enhance biodiversity throughout the countryside and to maintain and enhance the populations of flora and wild fauna in Ireland. In this context, it is an offence under section 40 of the Wildlife Act 1976, as amended by section 46 of the Wildlife (Amendment) Act 2000, to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period beginning on 1 March and ending 31 August. There are certain exemptions from the restrictions, including exemptions for works carried out by a statutory body for reasons of public health or safety. Under the REPS, hedgerow maintenance is not allowed from late February to the end of August.

Section 10(2)(c) of the Planning and Development Act 2000 provides that a development plan shall include objectives for the conservation and protection of the environment including, in particular, the archaeological and natural heritage. Under Part IV of the First Schedule to the Act, a development plan may also include objectives relating to protecting features of the landscape which are of major importance for wild fauna and flora, preserving and protecting flora, fauna and ecological diversity and preserving and protecting trees, shrubs, plants and flowers.

It is my intention to publish shortly for consultation draft guidelines for planning authorities to assist them in the preparation of development plans. The guidelines will indicate that the objectives and policies incorporated in development plans should seek to minimise the loss of features such as hedgerows and provide where possible for their replacement. On 13 April this year under section 28 of the Planning and Development Act 2000 I issued guidelines for planning authorities on sustainable rural housing. The guidelines, which local authorities must have regard to in making or review their development plans and deciding planning applications, provide that the removal of existing road side boundaries, including hedgerows, should be avoided if at all possible, except to the extent necessary to provide a new entrance, with safe access to and from the adjoining road.