FAQs
The questions are regularly updated with answers to a range of technical queries relating to cross compliance requirements in England.
- Good Agricultural and Environmental Condition (GAEC) FAQs
- Statutory Management Requirements (SMRs) FAQ
- Permanent Pasture FAQs
- General FAQs
Permanent Pasture FAQs
Q. From what date does the five-year definition apply for permanent pasture
A. The five-year rule applies from the 1st January 2000. The five-year period is a rolling measure, so should be counted back from the day in question. For example, if reviewing land on March 21st 2006 then the rule applies from March 21st 2001.
Q. I have an area of land which is classed as permanent pasture. I wish to cultivate this land and want to plough it up. Is it acceptable for me to do so?
A. Eligible land that is classed as permanent pasture may be subject to an EIA before ploughing is permitted. Farmers are advised to contact Natural England to discuss their circumstances and may need to make a screening application for an EIA. The EIA Department can be contacted on the phone (0800 028 2140) or in writing: Natural England, Burghill Road, Westbury-on-Trym, Bristol, BS10 6NJ.
Q. I wish to apply calcified seaweed to an area of land classed as permanent pasture. Is this practice acceptable under cross compliance?
A. Eligible land that is classed as permanent pasture may be subject to an EIA before permission is granted for the application of calcified seaweed. Farmers are advised to contact the EIA Unit at Defra to discuss their circumstances and may need to make a screening application for an EIA. The EIA Unit can be contacted on the phone (0800 028 2140) or in writing: Natural England, Burghill Road, Westbury-on-Trym, Bristol, BS10 6NJ.
Q. Which crops can be classified as grazed forage crops that can be grown between grass leys, and not interrupt the 5-year rule for permanent pasture classification? Can you confirm whether stubble turnips and forage rape can be grown between grass leys with the land remaining as permanent pasture?
A. As forage rape and stubble turnips are not included under the list of herbaceous plants found in natural pastures or meadows in England, the growing of these between grass leys will affect the land’s permanent pasture status.
Q. Can Defra confirm that Brassicas and Kale are no longer considered forage. I think this has been changed since the February booklet was published.
A. The revised definition of Herbaceous Forage is as follows:
“All herbaceous plants traditionally found in natural pastures or normally included in mixes of seeds for pastures or Meadows in England (whether or not used for grazing animals), including lucerne, sainfoin, forage vetches and clovers but not kale, fodder rape or any other forage brassicas, fodder root crops, forage maize or any other cereals grown for silage or for any other form of forage.”
General FAQs
Q. If I wish to apply for a derogation, what should I do?
A. Derogation applications must be sent in writing to: RPA Single Payment Scheme (Helpline), Lancaster House, Hampshire Court, Newcastle-upon-Tyne, NE4 7YH.
Q. I am renting out my land to a tenant; who is responsible for meeting the cross compliance regulations?
A. The responsibility to meet the cross compliance regulations rests on the individual who is claiming the Single Payment or other direct payments. It is recommended that the claimant makes other users of the land aware of the responsibilities, and some landowners may choose to draw up a formal contract stating these obligations. It may be advisable to take advice from a land agent or other expert. If the licensee breaches this agreement in some way then you may not be liable for their actions.
Q. What should I do about registering my land for SPS entitlements?
A. Land registration is all managed by the RPA and you need to contact them to discuss this. There is a current backlog of applications, but to claim the SPS in the future all land applications must have been lodged by 16th May 2005. If you have not registered your land, you may still register on the Rural Land Register (contact the RPA helpline on 0845 603 7777) and buy entitlements for following years.
Q. I have a farm of 50 hectares which has a single holding number. I wish to claim SPS on 45ha but not 5ha which I use for non-farming activities. If the 5ha is non-compliant will I be penalised?
A. Applicants will need to meet cross compliance standards for all agricultural land on their holding, whether it is claimed on for SPS or not. Any land in non-agricultural use does not have to be registered, and applicants will not have to meet with cross compliance standards on this land.
Q. In calculating the area of fields, farmers will continue to have to deduct areas such as ponds and tracks within the field itself. Do they also need to deduct the areas under pylons which can’t be cultivated, or the area of a public footpath on which there will not be any crop?
A. The croppable area of a field should be worked out as per previous scheme years. This will be the total field size minus any ineligible areas (e.g. public footpaths). Article 30.2 of Commission Regulation (EC) No 796/2004 refers.
