When land eligibility is discussed, conversations can very quickly turn to topics such as scrub encroachment, presence of rushes in grazing ground or the management of hills and commonage. Areas such as these are often the primary offenders leading to penalties but it is important to note that there are also other factors that should be taken into account.
This article aims to give an overview of these areas before giving a detailed breakdown of what the Department of Agriculture Food and the Marine (DAFM) highlights as issues leading to land ineligibility.
The starting point
The starting point in assessing land eligibility relates to control of the parcel and its use. Parcels entered on an applicant’s Basic Payment Scheme (BPS) application must be available for use for the period from the start of the year until after 31 May or from a date before 31 May to the end of the year. Be careful to note that this only relates to the BPS – where the parcel is entered for the Areas of Natural Constraint or agri-environment schemes such as GLAS or AEOS, the applicant who enters the parcel must have control and farm the land for the full year.
For land to be eligible the governing EU regulation says it must be “maintained in a state suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries”. This means there must be activity in the parcel. In addition the farmer must control the spread of existing scrub and prevent the development of areas of new scrub, he must maintain drains to prevent the development of new ineligible wet areas and he must also control the encroachment of scrub from the hedgerows. If there are no signs of grazing or cultivation throughout the year, then land will be deemed ineligible for payment. The terms and conditions circulated annually with the BPS/ANC application lists all the agricultural uses / crops (arable, vegetable, and nurseries) deemed eligible.
As a rule, land parcels must have a defined external boundary, with the exception of commonages and some hill lands that are traditionally farmed, so that the area can be accurately measured. The boundary must possess what DAFM refers to as the appropriate fencing that allows the applicant to maintain control. For example, if the parcel is being used for grazing, it must possess stock-proof fencing that controls not only the applicant’s livestock but also its neighbouring farmer’s animals from gaining access.
Exclusion areas
There has been a big drive from DAFM over the last three years to inform applicants about areas that are ineligible for payment and need to be classified as such. These include farmyards, farm roadways and buildings with a land parcel, along with natural features such as rock outcrops, rivers, streams and ponds, scrub and wet or marshy areas unsuitable for grazing or cultivation.
Areas fenced off to exclude livestock or areas within arable plots that have not been planted should also be removed and marked on the map as ineligible. In relation to bog, areas that are suitable for grazing and have been traditionally grazed by livestock and maintained in the appropriate condition, as listed above (fencing, etc) and below (heather), are eligible for payment.
Amendments to an applicant’s BPS were possible up to 31 May 2016, without a penalty, and up to 10 June 2016 with a penalty (1% penalty per working day). Exceptions to this rule are for a correction to what DAFM refers to as an innocent or obvious error such as missing details for land ownership or parcel use, with these corrections dealt with on a case-by-case basis.
The terms and conditions of the BPS/ANC also allow for applicants to withdraw land or reduce the claimed area of a parcel, or change its use from eligible to ineligible (for example the transfer of a house site or erection of farm buildings) without penalty at any time after the closing date provided the following elements are adhered to:
The Department has not notified the applicant about issues concerning their 2016 BPS application.The applicant has not been notified about an on-the-spot inspection.You have not been fully or partially paid under BPS (and ANC). Land eligibility
The four main areas that are tangible and can change from year to year or even within seasons and threaten the eligibility of lands are rushes, heather, ferns and scrub.
Rushes: The eligibility status of lands containing rushes will be influenced by the height of rushes (showing if active management is in place) and their density. Parcels containing young rushes managed by grazing or a combination of mowing/topping are deemed eligible. Question marks surround parcels containing clumps of mature rushes but are actively grazed. In these circumstances, if it appears that management practices are geared towards ongoing management to prevent further rush encroachment, parcels will generally be deemed as eligible. However, If these areas are not managed or parcels possess tall dense rushes with little to no grass present or not accessible to grazing animals, they will be deemed ineligible and the appropriate deduction must be made to the parcel.
Heather: DAFM explains that low immature heather is edible and grazeable by mountain sheep breeds or other sheep/cattle breeds and therefore is eligible for payment of BPS/ANC. These areas lose their eligible status, however, if the area is not grazed sufficiently and heather enters a tall or woody stage. In this case, appropriate deductions must again be made. These areas can be brought back into eligible condition by mechanical means (mulched for example) or through controlled burning, which is allowable.
Ferns: DAFM lists ferns and bracken as inedible to farm livestock. The question of whether areas containing ferns are eligible boils down to whether grass is present underneath the ferns and is being grazed. A dense area of ferns with no grass growth underneath is ineligible and must be deducted as appropriate from the parcel.
Scrub: Areas of dense scrub with no intermixed grazing must be deducted as 100% ineligible. Scattered scrub should be treated as a percentage of the area that is ineligible for grazing with a suitable deduction made to account for areas of bushes, gorse, etc. Take note that scrub cannot be controlled or removed during the period 31 March to 31 August.
Supreme ruling
The above recommendations on land eligibility can be superseded by rules governing lands designated as a Special Area of Conservation (SAC) and Special Protection Area (SPA) or commonage framework plans. For lands located in these areas, applicants should also refer to specific guidelines as many areas do not permit removal of scrub, burning, fencing etc without approval by the National Parks and Wildlife Service (NPWS).
The area under landscape features such as hedgerows and drains are eligible for payment and do not need to be excluded, as long as they are appropriately managed. For hedgerows this includes preventing encroachment of bushes out into fields while for drains, they must be managed in a manner that avoids drains becoming blocked leading to water lodging and damage to lands. Streams and rivers are not classified as a manmade natural feature and must be excluded for payment. If a stream, river or drain is fenced off under environmental schemes (GLAS/AEOS), the area between the fence and the edge of the feature is also deemed eligible for payment.
If for some reason, an applicant wants to remove a length of hedgerow, he/she may now only do so if they plant an equivalent length of hedgerow with species native to the area in advance of removing the old hedge.
Again, rules governing designated areas also come into play here.
When land eligibility is discussed, conversations can very quickly turn to topics such as scrub encroachment, presence of rushes in grazing ground or the management of hills and commonage. Areas such as these are often the primary offenders leading to penalties but it is important to note that there are also other factors that should be taken into account.
This article aims to give an overview of these areas before giving a detailed breakdown of what the Department of Agriculture Food and the Marine (DAFM) highlights as issues leading to land ineligibility.
The starting point
The starting point in assessing land eligibility relates to control of the parcel and its use. Parcels entered on an applicant’s Basic Payment Scheme (BPS) application must be available for use for the period from the start of the year until after 31 May or from a date before 31 May to the end of the year. Be careful to note that this only relates to the BPS – where the parcel is entered for the Areas of Natural Constraint or agri-environment schemes such as GLAS or AEOS, the applicant who enters the parcel must have control and farm the land for the full year.
For land to be eligible the governing EU regulation says it must be “maintained in a state suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries”. This means there must be activity in the parcel. In addition the farmer must control the spread of existing scrub and prevent the development of areas of new scrub, he must maintain drains to prevent the development of new ineligible wet areas and he must also control the encroachment of scrub from the hedgerows. If there are no signs of grazing or cultivation throughout the year, then land will be deemed ineligible for payment. The terms and conditions circulated annually with the BPS/ANC application lists all the agricultural uses / crops (arable, vegetable, and nurseries) deemed eligible.
As a rule, land parcels must have a defined external boundary, with the exception of commonages and some hill lands that are traditionally farmed, so that the area can be accurately measured. The boundary must possess what DAFM refers to as the appropriate fencing that allows the applicant to maintain control. For example, if the parcel is being used for grazing, it must possess stock-proof fencing that controls not only the applicant’s livestock but also its neighbouring farmer’s animals from gaining access.
Exclusion areas
There has been a big drive from DAFM over the last three years to inform applicants about areas that are ineligible for payment and need to be classified as such. These include farmyards, farm roadways and buildings with a land parcel, along with natural features such as rock outcrops, rivers, streams and ponds, scrub and wet or marshy areas unsuitable for grazing or cultivation.
Areas fenced off to exclude livestock or areas within arable plots that have not been planted should also be removed and marked on the map as ineligible. In relation to bog, areas that are suitable for grazing and have been traditionally grazed by livestock and maintained in the appropriate condition, as listed above (fencing, etc) and below (heather), are eligible for payment.
Amendments to an applicant’s BPS were possible up to 31 May 2016, without a penalty, and up to 10 June 2016 with a penalty (1% penalty per working day). Exceptions to this rule are for a correction to what DAFM refers to as an innocent or obvious error such as missing details for land ownership or parcel use, with these corrections dealt with on a case-by-case basis.
The terms and conditions of the BPS/ANC also allow for applicants to withdraw land or reduce the claimed area of a parcel, or change its use from eligible to ineligible (for example the transfer of a house site or erection of farm buildings) without penalty at any time after the closing date provided the following elements are adhered to:
The Department has not notified the applicant about issues concerning their 2016 BPS application.The applicant has not been notified about an on-the-spot inspection.You have not been fully or partially paid under BPS (and ANC). Land eligibility
The four main areas that are tangible and can change from year to year or even within seasons and threaten the eligibility of lands are rushes, heather, ferns and scrub.
Rushes: The eligibility status of lands containing rushes will be influenced by the height of rushes (showing if active management is in place) and their density. Parcels containing young rushes managed by grazing or a combination of mowing/topping are deemed eligible. Question marks surround parcels containing clumps of mature rushes but are actively grazed. In these circumstances, if it appears that management practices are geared towards ongoing management to prevent further rush encroachment, parcels will generally be deemed as eligible. However, If these areas are not managed or parcels possess tall dense rushes with little to no grass present or not accessible to grazing animals, they will be deemed ineligible and the appropriate deduction must be made to the parcel.
Heather: DAFM explains that low immature heather is edible and grazeable by mountain sheep breeds or other sheep/cattle breeds and therefore is eligible for payment of BPS/ANC. These areas lose their eligible status, however, if the area is not grazed sufficiently and heather enters a tall or woody stage. In this case, appropriate deductions must again be made. These areas can be brought back into eligible condition by mechanical means (mulched for example) or through controlled burning, which is allowable.
Ferns: DAFM lists ferns and bracken as inedible to farm livestock. The question of whether areas containing ferns are eligible boils down to whether grass is present underneath the ferns and is being grazed. A dense area of ferns with no grass growth underneath is ineligible and must be deducted as appropriate from the parcel.
Scrub: Areas of dense scrub with no intermixed grazing must be deducted as 100% ineligible. Scattered scrub should be treated as a percentage of the area that is ineligible for grazing with a suitable deduction made to account for areas of bushes, gorse, etc. Take note that scrub cannot be controlled or removed during the period 31 March to 31 August.
Supreme ruling
The above recommendations on land eligibility can be superseded by rules governing lands designated as a Special Area of Conservation (SAC) and Special Protection Area (SPA) or commonage framework plans. For lands located in these areas, applicants should also refer to specific guidelines as many areas do not permit removal of scrub, burning, fencing etc without approval by the National Parks and Wildlife Service (NPWS).
The area under landscape features such as hedgerows and drains are eligible for payment and do not need to be excluded, as long as they are appropriately managed. For hedgerows this includes preventing encroachment of bushes out into fields while for drains, they must be managed in a manner that avoids drains becoming blocked leading to water lodging and damage to lands. Streams and rivers are not classified as a manmade natural feature and must be excluded for payment. If a stream, river or drain is fenced off under environmental schemes (GLAS/AEOS), the area between the fence and the edge of the feature is also deemed eligible for payment.
If for some reason, an applicant wants to remove a length of hedgerow, he/she may now only do so if they plant an equivalent length of hedgerow with species native to the area in advance of removing the old hedge.
Again, rules governing designated areas also come into play here.
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