Management of Natural Landscapes - L3

Question 1

What is the Agriculture Act 2020?

Answer 1

The Act implemented numerous changes, but most prominently begun the transition period away from area based payments under BPS, towards the ELM scheme, whereby farmers and landowners would be paid to manage land in environmentally friendly ways.

Question 2

What are the BPS reductions in payments?

Answer 2

In an effort to gradually taper down BPS payments as the new schemes take affect, this year we have seen a 50% deduction in payments. Following the Budget last week, we now know that BPS payments are going to be reduced by 76% next year, with a cap at the first £30,000 of reference data, so the max payment will be £7,200.

Question 3

Can you name some non-statutory designations?

Answer 3

Green Belt
Community Forests
RSPB reserves

Question 4

Can you name some statutory designations?

Answer 4

National Parks
SSSI
National Landscape
Special Areas of Conservation
Special Protection Areas

Question 5

What is a SSSI?

Answer 5

A Site of Special Scientific Interest are areas of land and water that has specific wildlife, geology or landform in which it wishes to protect. Natural are the governing body and are in charge of designating sites, and monitoring other sites.

Question 6

What are some of the typical management requirements of SSSI’s?

Answer 6

Each have their own, which are named on designated sites system. Typical restrictions include grazing certain animals at certain times of the year, managing woodland, managing scrub and controlling water levels. Some management tasks require Natural England Consent.

Question 7

What is a National Park?

Answer 7

Conserve the environment.

Question 8

What is the difference between a National Park and a National Landscape?

Answer 8

Very similar in the sense that they are designed to protect the nationally significant landscape, but only National Parks have their own planning authority.

Question 9

Can you explain to me what the requirements are of Low input grassland options under SFI?

Answer 9

Aim is create a varied sward height, with flowering grasses into the late summer.
Do not plough, cultivate or reseed.
Limit poaching
Restricted to 12 tonnes of FYM or equivalent amounts of fertiliser
Mechanical operations should not disturb ground nesting birds
£151 per ha

Question 10

Can you tell me what the payment rates were for the two hedgerow options under SFI 2023?

Answer 10

HRW2 = £13 per 100m (one side)
HRW3 = £10 per 100m (both sides)

Question 11

What are the management restrictions for the managing hedgerows option and what is the aim?

Answer 11

Cut incrementally either once every 2 or 3 years.
This is to create different widths and heights of hedgerows that support a varying range of farmland birds and wildlife.

Question 12

What are the key features of BAP Woodpasture and Parkland Priority Habitat?

Answer 12

Sporadic ancient / large standalone trees or in clusters.
The presence of grazing animals, which controls scrub to maintain a semi-open habitat.
Open grassland or heathland

Question 13

What are Priority Habitats and where do they originate from?

Answer 13

As part of the Biodiversity Action Plan which was published in 1994 calling for development and enforcement of national strategies to identify, conserve and protect existing biological diversity and enhance it where possible.

Question 14

How did you decide that the wood pasture was in a good condition?

Answer 14

I consulted the habitat description and concluded that the parkland met with all of the distinguishing factors. My client had been actively maintaining the parkland in recent years so there was ongoing maintenance.

Question 15

What was the payment rate for WD4?

Answer 15

£212 per ha

Question 16

What were the requirements of WD4?

Answer 16

Protect existing trees from livestock damage
Establish and maintain a variety of sward height by grazing and/or cutting
Harrowing, ploughing, rolling, cultivating etc was prohibited
No application of fertilisers
No supplementary feeding
Control and cut scrub

Question 17

You state that adding fencing to the Mid-Tier agreement added to the competitiveness, how did it?

Answer 17

Competitiveness is scored based on environmental improvements and value for money.
The fencing showed that the client was committed to managing the parkland in line with the actions requirements, by grazing it adequately.

Question 18

How state that you completed an SFI application for an arable farm, what options did you recommend that didn’t clash with their CSS agreement?

Answer 18

There existing CSS agreement incorporated some low input grassland and an extensive number of grass buffer strips.

As they were a large arable enterprise, I recommended the soil testing, nutrient reporting and integrated pest management actions as these were things they were already implementing.
To break the arable rotations, multi-species winter cover crop was utilised.
Winter bird food on arable land was utilised in some areas that were not producing high yields or odd corners of arable fields that were not efficient.

Question 19

You mention SHINE features, can you describe what these are and what impact did they have your recommendations for the arable SFI?

Answer 19

SHINE stands for Selected Heritage Inventory for Natural England and shows where there are historic or archaeological features on land which need to be protected.
Under SFI 2023, you could not apply ‘take field corners out of management’.
HER consent was required for those fields with SHINE features on them, where soil samples needed to be taken.

Question 20

What is Common Land?

Answer 20

Usually privately owned land, to which others may have specific rights over. Natural England govern Common Land and consent must be gained prior to doing some things such as fencing it. There are also strict restrictions on development of common land.

Question 21

What legislation gave the public the right to roam over common land?

Answer 21

Countryside and Rights of Way Act 2000

Question 22

What was the payment rate and requirements of GS6?

Answer 22

£646 per ha
Only applicable on a certain list of priority habitat inventory species
The land would be cut and/or grazed to promote varied sward height and 4 high value plans typical for that priority grassland habitat.
Scrub and bare ground is to be managed.
No mechanical operations that disturb breeding birds.
No supplementary feeding, except mineral blocks
No fertiliser
No ploughing cultivating or re-seeding.

Recommended that the field is left ungrazed for 7 weeks before cutting, and that the aftermath is grazed.

Question 23

How could the client gain up to 100% of costs for the waterfall project under FiPL?

Answer 23

As the project offered no commercial benefit to my client, and was merely in the interest of the landscape, then 100% funding was available. Should there have been a commercial element in the project, funding is capped at 40%.

Question 24

What are the consequences of your client not meeting the requirements of their ELS/HLS?

Answer 24

Fines, non-payment or ceasing of the agreement.

Question 25

What is the difference between a standalone capital grant and a higher tier capital grant?

Answer 25

More environmental benefit and require Natural England’s consent / support.
Different application process and still in paper / electronic form that you submit to the RPA.

Question 26

Which Higher Tier Capital Grants have been recommended to your client?

Answer 26

SB1 scrub management - payment varies dependant on cutting and stem diameter
FM2 Major preparatory works for priority habitats - up to 100% of the actual cost

Question 27

How could you agree a temporary non-compliant action with the RPA?

Answer 27

By completing a MTA (Minor and temporary adjustment form)

Question 28

What is the Environment Act 2021?

Answer 28

Legislation to improve air and water quality, tackle waste, improve biodiversity and make other environmental improvements. - policies and plans
Major factor relating to my work was the Nature and Biodiversity section, which related to introduction of 10% BNG on new developments, and NSIP’s from 2025.

Question 29

What is the Wildlife and Countryside Act 1981 and what did it do?

Answer 29

Primarily designed to protect protected species (animals and plants)
1.) Protection against killing / interfering / harming wildlife
2.) Designations - SSSI NP’s and NL’s
3.) Rights of Way (rules for changing a right of way)

Enforced that Natural England have the legal duty to monitor SSSI’s and that any works must be notifiable to NE prior to commencement.

Question 30

What is the Countryside and Rights of Way Act 2000 and what did it do?

Answer 30

Allows for prosecution of third parties who damage a SSSI (builds upon the WCA 1981.
Greater powers for Natural England to deny consent for damaging activities and enter into management agreements to ensure the management protects and enhances the landscape.

Question 31

Are you aware of any protection for hedgerows?

Answer 31

The Management of Hedgerow regulations 2024 states that there must be 2m of green cover either side of the middle of the hedge, and no cutting is allowed between 1 March and 31 August.
Exemptions include when drilling for OSR and Grass - form to be submitted to RPA

You also cannot removed hedgerows if they are more than 30 years old. Consent must be gained from the LPA.

Question 32

What would you do if a farmer wanted to plough up a permanent pasture field?

Answer 32

If the PP has been there and unimproved / uncultivated for 15 years, and EIA would be required.

Question 33

Who enforces the Wildlife and Countryside Act 1981?

Answer 33

Police, Natural England and the EA.

Question 34

How does the Wildlife and Countryside Act 1981 relate to National Parks?

Answer 34

It states that no land within a NP which constitutes heath or moor, can be converted into agricultural land that hasn’t been in the last 20 years. Or, on any land that is heath or moor, can forestry operations be carried out that affects its character.
Written notice of this should be given to the planning authority, who can give consent.
You can be convicted if you proceed with the above works without consent.

Question 35

How did you know that it was the Environment Agency’s responsibility to clear the sluice gate?

Answer 35

I know that under the Water Resources Act 1991, it is the EA’s responsibility to manage drainage and flooding. Following some research, I could identify that it was a main river.

Question 36

You mentioned that you advised on what your client could do with their soil sample results under their CS agreement, what was your advise?

Answer 36

Under the low input grassland option, it specifies that you can apply lime to maintain soil pH above 5.4, therefore where necessary, she could apply lime. Also, there are specific maximum fertiliser limits set out within the agreement, so she could also apply these limits. Should any more need to be applied, I advised that an MTA form could be submitted.