Single Payment Scheme
Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition If you have received more than one copy of this or other Defra publications, or should you wish to be removed from the Defra mailing list, please notify the Defra Helpline with your name and address. Tel: 0845 933 5577 Email: [email protected]
Other existing publications on the Single Payment Scheme
Title Defra publication
SPS Brochure PB 9937 Information for farmers and growers in England July 2004 update SPS Brochure PB 10222E Information for farmers and growers in England November 2004 update Cross Compliance Handbook for England PB 10222A (2005 Edition)
Cross Compliance Guidance for PB 10222C Soil Management (2005 Edition) Set-aside Handbook and Guidance for England PB 10222D (2005 Edition)
To order more copies of this publication (quote reference PB 10222B) or others from the list above, contact: Defra Publications Admail 6000 London SW1A 2XX
Tel: 0845 955 6000 Fax: 020 8957 5012 Email: [email protected]
Single Payment Scheme Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition Preface
Implementing last year’s reforms to the Common Agricultural Policy is central to England’s Strategy for Sustainable Farming and Food. Farmers will have greater freedom to farm to the demands of the market as subsidies will be decoupled from production. At the same time, all claimants will have to meet a new baseline standard for agriculture and will be contributing to a higher degree of environmental protection. Cross Compliance Guidance for the Management of Habitats and Landscape Features is one of a set of documents Defra has published on the Single Payment Scheme (SPS). The set includes handbooks on set-aside and cross compliance and explains how the requirements of the SPS can be met. This guidance document gives practical, illustrated advice on how to achieve the relevant standards listed within the Cross Compliance Handbook for England and tells you where to look for further help. The notes should be read in conjunction with the handbook and used as a source of further help. Details of the Environmental Stewardship scheme will be announced in the new year, providing farmers with the opportunity to enhance the environment on their farms and be rewarded for doing so. The scheme will be launched in 2005 and will comprise Entry Level stewardship and Organic Entry Level Stewardship and Higher Level Stewardship. Defra is committed to ensuring that farmers are as well-informed as possible about the introduction of the SPS. A list of other documents currently available is provided on the inside front cover of this document.
2 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition Contents
A Introduction 4
B Permanent pasture 8
C Good Agricultural and Environmental Condition 11 Maintenance of habitats and landscape features GAEC 4 Burning of crop residues 11 GAEC 5 Environmental Impact Assessment 12 GAEC 6 Sites of Special Scientific Interest 15 GAEC 7 Scheduled Monuments 17 GAEC 8 Public rights of way 20 GAEC 9 Overgrazing and unsuitable supplementary feeding 22 GAEC 10 Heather and grass burning 25 GAEC 11 Control of weeds 27 GAEC 12 Eligible land which is not in agricultural production 29 GAEC 13 Stone walls 32 GAEC 14 Protection of hedgerows and watercourses 33 GAEC 15 Hedgerows 37 GAEC 16 Felling of trees 39 GAEC 17 Tree Preservation Orders (TPOs) 40
D Appendix 1 Glossary of terms, legislation and Codes of Practice used in this booklet 42 Appendix 2 Further information and contact details 46
Please note: Guidance for GAEC 1 (General requirements (soils)), GAEC 2 (Post-harvest management of land after combinable crops) and GAEC 3 (Waterlogged soils), covered in separate booklet (Cross Compliance guidance for soil management), which should also be read in conjunction with the Cross Compliance Handbook for England.
3 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition A Introduction
Understanding Single Payment Scheme cross compliance and GAEC – what do you have to know and do?
Background 1. The Single Payment Scheme (SPS) replaces most existing crop and livestock payments from 1 January 2005. The new scheme will break the link between production and support. Instead, you will be asked to demonstrate that you are keeping your land in Good Agricultural and Environmental Condition (GAEC) and are complying with a number of specified legal requirements relating to the environment, public and plant health, animal health and welfare, and livestock identification and tracing. Meeting these requirements is described in the Common Agricultural Policy (CAP) legislation as ‘cross compliance’. The farmer requirements for cross compliance are set out in the Cross Compliance Handbook for England 2005 Edition (also referred to as ‘the handbook’ in this guidance). The handbook may be updated from time to time.
Purpose 2. This document is for guidance only. It will help you to understand the rationale behind Good Agricultural and Environmental Condition (GAEC), provides good practice hints and tips to help you better understand the requirements of cross compliance, and signposts sources of additional information and advice. 3. Neither this guidance nor the handbook take the place of the law. You should refer to the legislation for a full explanation of your legal obligations. 4. The basis for the cross compliance requirements and standards and their enforcement is Council Regulation (EC) No. 1782/2003 and Commission Regulation (EC) No, 796/2004, as well as the domestic legislation that provides for the administration and enforcement of these regulations (SI 2004/3196). 5. All cross compliance requirements apply to actions or omissions by you or by somebody acting on your behalf. 6. It is important that you read this guidance booklet and the Cross Compliance Handbook for England together, as the handbook contains each GAEC definition and a summary of the rules applying to them that farmers must follow.
4 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
7. This guidance booklet will help you identify habitat and landscape features on your farm and explain how you should manage them to comply with GAEC requirements under cross compliance. If you do not comply with GAEC requirements, your payment under the SPS may be partly, or wholly reduced. An additional booklet, Cross Compliance Guidance for Soil Management, providing guidance for GAEC 1, 2, 3 and 4, has been produced and should be read with this booklet and the Cross Compliance Handbook for England. Copies of the Cross Compliance Guidance for Soil Management will be distributed to all farmers at the same time as this document. Further copies are available from www.defra.gov.uk. For further information the Cross Compliance Helpline has been set up to deal with technical enquiries. Technical Helpline: 0845 345 1302 Email: [email protected] Website: www.crosscompliance.org.uk 8. Cross compliance provides a minimum level of maintenance for agricultural land, while agri-environment schemes pay farmers for changes in land management to achieve environmental enhancements. These payments can only be for measures that go beyond the requirements of GAEC. The diagram below shows how the schemes are related, with GAEC as the baseline standard required on all farms.
Relationship between GAEC and other environmental schemes
Wildlife Enhancement Scheme Managed by English Nature on SSSIs Higher Environment Level Stewardship Managed Scheme by Defra RDS
Entry Level Scheme Organic Entry Level Scheme
Single Payment GAEC Scheme Managed by DEFRA RPA
GAEC Good Agricultural and Environmental Condition ELS / OELS Entry Level Stewardship / Organic Entry Level Stewardship HLS Higher Level Stewardship RPA Rural Payments Agency RDS Rural Development Service SSSI Site of Special Scientific Interest
5 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
9. Defra expects that most farmers will seek support under the SPS, with many also applying to join Environmental Stewardship. Entry Level Stewardship (ELS) and Organic Entry Level Stewardship (OELS) go beyond cross compliance in helping to tackle countrywide environmental maintenance and improvement. Higher Level Stewardship (HLS) will enable land managers to deliver significant benefits in areas and situations of high environmental priority such as Sites of Special Scientific Interest (SSSI).
So what are the GAEC requirements for maintenance of habitats and landscape features? 10. To receive the Single Payment you need to comply with the measure protecting permanent pasture and the requirements under GAEC, as well as the Statutory Management Requirements (SMR’s). The measures applied under GAEC provide a new baseline of environmental protection for soils, habitats and landscape features, but will not necessarily prevent problems occurring for other aspects of the environment. Failure to comply satisfactorily with the GAEC measures that apply to your business may result in sanctions, including the recovery of some or all of the Single Payment.
Layout of this booklet 11. Guidance on each measure has been divided into sections explaining what the measures require. The same section headings are used throughout this guidance. The information in each section has been discussed with the farming industry and other environmental stakeholders to make sure it is practical and easy to follow. It is important that you take particular note of the examples of good and bad practice, so that you can recognise them on your farm.
Why do we need this measure and what are we trying to achieve? 12. This section describes the environmental reason behind the measure, how it applies to your farm, and the management and environmental outcomes we are hoping to achieve.
Good practice – actions to help get the best results 13. This section provides detail on the actions you should carry out, or consider carrying out, so that you can deliver the required environmental results. You are not required to undertake all of the actions shown to comply with GAEC. However, a key aim of this guidance is to encourage all Single Payment recipients to do as much as they reasonably can on their holding to benefit the environment. The list of actions is not exhaustive but contains the examples of good practice that deliver most for the environment.
6 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Bad practice – actions to avoid 14. This section provides clear detail on actions you should not undertake. Failure to avoid these bad practices may cause you to be in breach of GAEC and liable to penalties relating to your Single Payment and other direct subsidies. It is very important that you refer to the Cross Compliance Handbook for England, which sets out the basic rules you must comply with.
Exceptions 15. This section explains the circumstances under which there is an exemption from the rules or where you may apply to the Rural Payments Agency (RPA) for a specific exemption. In most cases, you are also required to get prior approval from other relevant authorities (which will be mentioned) before you make any changes. Failure to do this may result in a breach of GAEC with the possibility of penalties already described.
Opportunities under agri-environment schemes 16. This section details other environmental measures expected to become available and paid for in Environmental Stewardship (Appendix 1). This is due to be launched in early 2005, subject to European Commission approval, so until then the list of management options cannot be confirmed.
Other legislation and codes of good practice you should follow 17. This section details any additional legislation that underpins that already stated in the Cross Compliance Handbook for England and that you should comply with. Codes of practice may be advisory or occasionally mandatory, but should be followed where required to support GAEC. A short outline of each piece of legislation or code of practice mentioned here can be found in Appendix 1.
Further information 18. This section gives telephone, postal and internet sources of further guidance. Appendix 2 contains full details of all the contact information.
7 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition B Permanent pasture
19. This is a new measure for farmers. You will need to comply with the requirements in order to meet your obligations under the SPS. Any breach is treated as a breach of GAEC. 20. Permanent pasture is classified as any land that is down to grass or other ’herbaceous forage‘ for five consecutive years, and has not been in a crop rotation or used as set-aside during that five year period. This includes grassland that has been ploughed and re- seeded with grass. Set-aside will remain classed as ‘arable land’ regardless of: I the number of years it has been in set-aside; I the type of green cover established; I whether it took the form of strips or whole fields; or I whether it was grazed or not. 21. You should refer to the definition of ’herbaceous forage‘ in section B of the Cross Compliance Handbook for England. We do not expect forage crops such as maize, stubble turnips and other similar crops to fall within the definition of ’herbaceous forage‘ crops. This is subject to confirmation by the European Commission.
Why do we need this measure and what are we trying to achieve? 22. Controlling the cultivation of permanent pasture in England may be required at some future date so that we can meet UK obligations under European Regulations to maintain the appropriate ratio of permanent pasture to total agricultural land. We consider that we are unlikely to need to introduce controls, but you would be notified if we have to introduce a mechanism requiring prior approval to cultivate permanent pasture or requiring you to re-convert land to permanent pasture.
Good practice – actions to help get the best results 23. Make sure you accurately record on the SPS application form the area of permanent pasture on your farm. 24. Understand your obligations under the Environmental Impact Assessment (EIA) legislation (GAEC 5). They relate to changing the land use of uncultivated land and semi-natural areas, including some permanent pasture and the creation of new woodland on your land. The legislation allows you to assess your own permanent pasture to determine whether it is covered by EIA before you take action to change its land use. However, the rules on EIA must be followed without variation if they are found to apply to your permanent pasture.
8 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition ) s w ) e n r i t d r n a A
M
d P r
a n h h c i o J R
: : t t i i d d e e r r c c
o o t t o o h h p p ( ( Permanent pasture showing ridge and Species-rich permanent pasture. furrow.
25. Leaving land in permanent pasture in steep fields and flood plains can contribute to reducing erosion and soil loss during periods of heavy rain and flooding.
Bad practice – actions to avoid 26. If your permanent pasture is covered by EIA and you fail to consult with the relevant authorities before you plough it up or plant new woodland on it, you will be in breach of EIA and GAEC. 27. Where possible, avoid the following actions on permanent pasture to help minimise the impacts of your farming operations on the environment: I changing the species present or damaging the habitat; I overgrazing or undergrazing; I damaging soil structure and archaeology; and I polluting ground and surface waters.
Exceptions 28. Not relevant.
Opportunities under agri-environment schemes 29. Permanent pasture may be eligible for financial support under Environmental Stewardship. Payments may be made when you meet specific stocking, fertiliser and grassland management conditions, providing they have delivered the agreed environmental outcomes.
9 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Other legislation and codes of good practice you should follow 30. Depending on the biodiversity value, history and location of your permanent pasture, you may also have other obligations to meet, which are included in the following legislation and codes: I Sites of Special Scientific Interest (SSSI) (GAEC 6) or Special Areas of Conservation (SAC) (SMR 5); I Scheduled Monuments (GAEC 7); I Nitrate Vulnerable Zones (NVZ) (SMR 4); and I Agri-Environment or Wildlife Enhancement Schemes.
Further information 31. Detailed guidance on managing pasture can be obtained by contacting English Nature or via: www.english-nature.org.uk/pubs/Handbooks/ Details of NVZs are available from Defra Publications or www.defra.gov.uk/environment/water/quality/nitrate/library.htm Details of these Environmental Stewardship schemes can be found at www.defra.gov.uk/environment
10 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition C Good Agricultural and Environmental Condition: Maintenance of habitats and landscape features
GAEC 4 – Burning of crop residues 32. This measure reinforces existing legislation. By complying with the requirements of that legislation, you will meet your obligations under GAEC.
Why do we need this measure and what are we trying to achieve? 33. Straw burning has been controlled by legislation since 1993. The burning of most combinable crop residues is generally not permitted. As a consequence, public nuisance, atmospheric pollution and accidental damage to landscape features and farm equipment has been effectively reduced and public safety improved.
Good practice – actions to help get the best results 34. You can continue to burn broken straw bales and the residues of other minor crops but you must still follow Guidance Note PB1326. 35. Straw incorporation has proved a reliable and valuable alternative in the absence of a livestock outlet or an alternative fuel/fibre end use. 36. Introduce effective chopper/spreaders and cultivation techniques. This will allow crop residues to be evenly incorporated throughout the profile with no detriment to crop performance while improving soil nutrient status, organic matter and workability.
Other legislation and codes of good practice you should follow 37. Code of Good Agricultural Practice for the Protection of Air.
Further information 38. Guidance note for farmers when burning crop residues PB1326 (revised January 2000), available from Defra Publications. The Crop Residues (Burning) Regulations 1993, available from Defra Publications. Code of Good Agricultural Practice for the Protection of Soils – The Soil Code (revised 1998), available from Defra Publications.
11 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
GAEC 5 – Environmental Impact Assessment (EIA) 39. This measure reinforces existing legislation. By complying with the requirements of that legislation, you will meet your obligations under GAEC.
EIA – Uncultivated land and semi-natural areas
Why do we need this measure and what are we trying to achieve? 40. The EIA process ensures that uncultivated land and semi-natural areas of particular environmental importance are identified and that the effects of bringing such land into intensive agricultural use are taken into account before work begins. This means that you must have completed the EIA process to make sure that any projects or operations you undertake will not damage uncultivated land and semi-natural areas on your farm, including heath, moorland, scrub, wetland and certain types of grassland. A full list of projects or operations is given in the EIA Guidelines (PB6475) and includes, for example, ploughing, drainage and the spreading of fertiliser or lime.
Good practice – actions to help get the best results 41. The Regulations do not define ‘uncultivated land and semi- natural areas’. As a working guide, the intention is to apply the EIA arrangements to the types of land shown in the table opposite, where land means a field or management unit (or part of it) and where you can easily see the difference between improved and unimproved land. You can conduct an assessment yourself to determine whether the land you are looking at falls within the scope of the EIA regulations. Details of the tests to determine whether EIA applies are shown in the table.
12 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Land type Land typically Tests to determine whether included EIA applies
Unimproved I Meadows and grazing Land would be considered grassland, pastures. uncultivated if less than 25% to heath and I Downland or other 30% of it consisted of ryegrass moorland open or enclosed (Lolium species) and/or white clover upland grassland. (Trifolium repens), or other sown grass species indicative of I Grassland with some cultivation. tree cover (such as orchards, parkland and Where there are difficulties in wood pasture). determining whether the land is uncultivated using the above I Lowland and coastal test, you should ask for advice. heathland (including dry In making a decision, the previous and wet heath). agricultural operations on the land I Moorland (including over the last 15 years, including bog) and upland rough ploughing, re-seeding and grazing (including draining, would be taken intake). into account.
Scrubland Refer to Appendix 2 in the EIA procedures will apply where EIA Guidelines PB6475 for scrub is cleared or managed with details of the distinction an aim of converting to arable between scrub and or stock farming, including forestry. intensification of such an existing use.
Wetlands I Marsh and fen EIA procedure will apply if the I Open water water table normally lies at or near the surface for part of the year I Watercourses I Saltmarsh I Ditches and ponds
42. If you are unsure of the environmental value of the land you are assessing, or whether the work you are planning would be considered as a project, contact the EIA Unit at the Rural Development Service (RDS) Reading to discuss these issues. If your project falls within the scope of EIA you should only proceed with it if you have approval from the EIA Unit at RDS Reading.
Bad practice – actions to avoid 43. Do not ignore the EIA procedure or undertake an incorrect assessment, this could result in Defra taking action to stop any work and re-instate the land and, in some cases, a criminal prosecution through the courts.
13 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Exceptions 44. None are permitted.
Other legislation and codes of good practice you should follow 45. The EIA procedures do not replace, duplicate, or affect other statutory requirements, which may constrain operations on the land. A list of relevant legislation and codes of good practice are detailed in Appendix 1 of the EIA Guidelines.
Further information 46. General information on EIA relating to uncultivated land or semi- natural areas is available from the EIA Unit at: www.defra.gov.uk/environ/eia EIA Guidelines, PB6475 (available from Defra Publications) An electronic copy of the EIA Guidelines is available at: www.defra.gov.uk/environ/eia/guidelines.pdf
EIA – Forestry
Why do we need this measure and what are we trying to achieve? 47. Removing or planting trees can have significant impact on the environment. Landscape is most noticeably affected, but wildlife habitats and individual species can also be affected. The landscape character of an area and sites of archaeological value can be damaged or destroyed by inappropriate tree removal or tree planting. You must make sure that you complete the necessary EIA process before undertaking any project or operation that will affect forestry areas on your farm.
Good practice – actions to help get the best results 48. If you are considering any woodland planting or removal, or roads or quarries to do with woodland, contact the Forestry Commission (FC) which is required to consider them under the EIA Forestry Regulation and can offer you advice. 49. If the project does not require an EIA, you should still check with the FC to see whether you require a felling licence before starting any work (GAEC 16).
Bad practice – actions to avoid 50. Do not ignore the EIA procedure if it applies to your land and the project you are planning.
14 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
51. Tree species and woodland areas planted in the wrong place, and badly sited roads or quarries, can all have a significant negative impact on local landscape, archaeology and wildlife. You should therefore plan your planting carefully, and seek professional advice if you are at all unsure.
Exceptions 52. The Forestry EIA process does not encourage converting woodland to other land uses. It is important to check with the FC before you start to convert any woodland areas, including those where trees have invaded other natural habitats or important sites and are causing damage. You will still need to meet felling licence and Tree Preservation Order rules.
Other legislation and codes of good practice you should follow 53. Forestry Act 1967. Forestry (Felling of Trees) Regulations 1979. Felling of Trees (GAEC 16). Tree Preservation Orders (TPOs) (GAEC 17).
Further information 54. General information on EIAs relating to forestry is available from the Forestry Commission or at: www.defra.gov.uk/environ/eia An electronic copy of the EIA Guidelines is available at: www.defra.gov.uk/environ/eia/guidelines.pdf
GAEC 6 – Sites of Special Scientific Interest 55. This measure reinforces existing legislation. By complying with the requirements of that legislation, you will meet your obligations under GAEC.
Why do we need this measure and what are we trying to achieve? 56. Sites of Special Scientific Interest (SSSIs) are nationally important for their habitat, plant and animal species, geology and landform. Sites of European importance are designated as Special Areas of Conservation (SACs), Special Protection Areas (SPAs) or Ramsar sites. Most SSSIs need active management to maintain their conservation interest, but they can be damaged by inappropriate management or neglect. 57. The Government has set a target to bring 95% of SSSIs into favourable or recovering condition by 2010. You have an important contribution to make to help us meet this target. GAEC requires farmers, landowners and managers to co-operate by not carrying out any ‘operations likely to damage’ (OLDs) on SSSIs, without the necessary consent.
15 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Good practice – actions to help get the best results
58. Find out as much as you can about any SSSI on your holding )
s from English Nature g n i l
l (EN) directly or via its a R
d website. EN will be r a h
c happy to discuss all the i R
: t
i relevant issues relating d e r
c to the SSSI, including
o t
o any specific site h p ( requirements and Long Mynd SSSI, Shropshire. notifications.
59. Consult EN when you are in the planning stage for any work that may impact on the SSSI, rather than just before you start the work. Make sure all workers and contractors are aware of the SSSIs on your farm holding.
Bad practice – actions to avoid 60. Do not start any ‘operation likely to damage’ (OLD) in an SSSI without prior consent from EN. OLDs will vary depending on the site features, condition, management history and current threats. Examples of OLDs likely to impact on SSSIs are: I cultivations and re-seeding; I changes in grazing regime and stock feeding practice; I application of manures, fertilisers, lime and pesticides (primarily herbicides); I burning or drainage on site; I intentional release of wild, feral or domestic animals, plants or seeds.
Exceptions 61. English Nature (EN) consent for a field operation is not required where: I you have already obtained planning permission for an operation; I the operation is covered by the terms of a management agreement, notice or scheme (these include agri-environment scheme and local authority planning consents); I you need to carry out some emergency work – but EN should still be notified as soon as is reasonably possible.
16 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Opportunities under agri-environment schemes
62. Funding to encourage )
positive management of n o s i d
SSSIs may be available as o o G
Higher Level options in t r e
Environmental b o R
: t
Stewardship. Funding for i d e r
specific projects is c
o t
currently available o h p through EN. ( Belted Galloway grazing on SSSI limestone grassland.
Other legislation and codes of good practice you should follow 63. SMR 1 Wild Birds where the site is designated as an SPA (Section D, Cross Compliance Handbook for England) SMR 5 Habitats where the site is designated as an SAC (Section D, Cross Compliance Handbook for England)
Further information 64. Sites of Special Scientific Interest (SSSIs): England’s Special Wildlife and Geological Sites, 2002. English Nature Publications. For more information on SSSIs visit www.english-nature.co.uk/special/sssi/
GAEC 7 – Scheduled Monuments 65. This measure reinforces existing legislation. By complying with the requirements of that legislation, you will meet your obligations under GAEC.
Why do we need this measure and what are we trying to achieve? 66. Archaeological and historical sites are an important part of our cultural heritage and should be preserved. They are a valuable record and resource for the education and the benefit of future generations. 67. Some 5% of these sites are protected as Scheduled Monuments (SMs), which are listed as being of national importance, but many others merit protection for their regional or local importance. SMs represent many of the most significant remains, even though many have already suffered damage from agricultural operations. 68. This measure places the responsibility on farmers and land managers to identify where SMs are present on their land and to take appropriate actions to protect them. You need to make sure that you have identified all the SMs on your holding.
17 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
69. Most local authority archaeologists are responsible for maintaining a register in their area of all the known archaeological sites, including SMs. These are known as Historic Environment Records (HER). The inclusion of a site on an HER gives it formal ) e d
recognition in the E
y o
planning process, and J
: t i
local planning authorities d e r c
take account of this in o t o
drawing up development h p plans and reaching ( planning decisions. Clun Castle, Shropshire.
Good practice – actions to help get the best results 70. It is important to identify the site-specific requirements for any SMs on your farm. Many of these requirements can be met by adopting different farming practices for example: I Make sure all workers and contractors are aware of the SMs on your farm. I Monitor the condition of your SMs for signs of damage due to overgrazing or unsuitable supplementary feeding, and take appropriate measures to remove the cause and give the land time to recover. I Avoid creating ruts or other soil disturbance over the site whatever the land use. I Ensure that tracks and access points avoid SMs. I Avoid placing new fences over sites. I Avoid digging ponds or scrapes over SM sites. I Leave tree stumps in place rather than remove them. I Keep scrub under control. I Plough no deeper than current practice.
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Bad practice – actions to avoid
71. Do not damage SMs in any way whatsoever by: I Do not dump on, cover up, remove, repair or alter, add to or flood your monument without consent from English Heritage (EH). I Avoid metal detecting or removing finds without a licence from EH. ) s i
r 72. Where you are unsure of your legal r a H
obligations in respect of SMs, seek l i e N
guidance from EH regional offices. : t i d e r c o t
o Mosaic lying beneath arable land in the h p
( Cotswold Hills.
Exceptions 73. There are very few exceptions, as the rules for SMs are quite clear. EH can tell you whether there are any are possible exceptions, and/or where consent may be given to continue with ‘established’ agricultural operations.
Opportunities under agri-environment schemes 74. SMs and other historical features may be eligible for financial support under Environmental Stewardship. Payments may be made when you meet management conditions that are agreed for the site and deliver the agreed environmental outcomes.
Other legislation and codes of good practice you should follow 75. Ancient Monuments and Archaeological Areas Act 1979. Schedule to Ancient Monuments Class Consents Order 1994. Environmental Impact Assessment (EIA) where the SM is on uncultivated land or a semi-natural areas (GAEC 5).
Further information 76. Scheduled Monuments: An English Heritage Guide for Owners and Occupiers. This is available from English Heritage Publications or via: www.english-heritage.org.uk/Filestore/publications/pdf/free/ SCHEDULED_MONUMENTS_web.pdf Fore more information on Scheduled Monuments, visit www.magic.gov.uk For details on English Heritage offices contact English Heritage or visit its website at www.english-heritage.org.uk
19 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
For details of your local HERs, contact your Local Government Archaeological Officers whom you can find at www.algao.org.uk/members/fs_memb.htm or via English Heritage at www.english-heritage.org.uk
GAEC 8 – Public rights of way 77. This measure reinforces existing legislation. By complying with the requirements of that legislation, you will meet your obligations under GAEC.
Why do we need this measure and what are we trying to achieve? 78. There are thousands of miles of public rights of way in England, all of which should be kept in an open and accessible condition. However, many have problems due to a range of issues, which can lead to misunderstanding between users and land-owners. 79. As a responsible farmer, you must keep all visible rights of way open, unobstructed to their full width and on their legal line, as required by the Highways Act 1980 (as amended by the Rights of Way Act 1990). You should also maintain stiles and gates where they are your responsibility and reinstate cross-field paths where they are disturbed by agricultural activities such as ploughing. 80. Where the rules of cross-compliance require you to place a 2 metre protection zone next to a hedgerow or watercourse (GAEC 14), there may already be an existing public right of way alongside these features. In this case, the access should continue along its current line and it may occupy the same land as part of a protection zone. You will not be required to relocate the public right of way. Where the access is well used and results in bare soil developing, you will not be in breach of your obligations under GAEC 14.
Good practice – actions to help get the best results 81. Determine whether your have any rights of way on your farm, where they go and what width they should be, by consulting with your local highways authority which holds the Definitive Map and Statement for your area. The highway authority can also provide some financial help for new stiles. 82. Where possible, work with local partners and access groups to foster good relationships that will help you and the general public to enjoy the countryside more. 83. Cut back vegetation overhanging the path or encroaching from the sides, if the right of way is becoming overgrown or the line is becoming difficult to see on the ground. The highway must be kept open under law. If the vegetation is a hedgerow you should cut it at the appropriate time, making sure that the path is passable (GAEC 15).
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84. Provide adequate bridges across new or widened ditches after getting permission to do this from your local highways authority. 85. You should warn the public of potential dangers on or near ) C
B rights of way – for example, M cliffs and slurry lagoons. Hazards m a h r such as old quarries and mine e h t o shafts should be fenced off or R
, t t made safe, otherwise you may e P
d be liable for any injuries caused. r a h c i R
: t i d e r c o t o h p Good field-edge access route. (
86. You may plough a right of way if it runs across a field but only if you could not conveniently avoid doing so. If you do, you must restore the surface within a specified time limit to a required standard (GAEC 8 in Cross Compliance Handbook for England). 87. The widths in the table below apply only to cross-field and field-edge paths. Check the Definitive Statement for these and any other path types to find out if any of them have described widths and apply these widths. 88. Minimum and maximum widths for cross field and field–edge paths and bridleways.
Minimum width Maximum width
Cross-field footpath 1.0 metre 1.8 metres Field-edge footpath 1.5 metres 1.8 metres Cross-field bridleway 2.0 metres 3.0 metres Field-edge bridleway 3.0 metres 3.0 metres Other unsurfaced highway 3.0 metres 5.0 metres
Bad practice – actions to avoid 89. You must not keep an animal known to be dangerous (including bulls of any breed) in a field to which the public have access. 90. Bulls should not be kept in a field crossed by a public right of way except where they are less than 10 months old or are not of a recognised dairy breed (where they must be accompanied by cows or heifers). Warning signs relating to bulls should only be displayed when there is a bull in the field.
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91. Field-edge footpaths and bridleways, byways open to all traffic, and restricted byways should never be cultivated. 92. You should not disturb a cross-field path when you can reasonably avoid doing so, or fail to reinstate a cross-field path within the prescribed time. 93. You must not spray any rights of way with a pesticide where its use will pose a risk to the public. 94. You must not erect misleading signs that might discourage a person from using a right of way or land designated as access land under the Countryside Rights of Way (CROW) Act.
Exceptions 95. None available under cross compliance.
Opportunities under agri-environment schemes 96. Permissive access options may be eligible for financial support under Environmental Stewardship. Payments may be made when you meet specific criteria for new access, such as providing circular routes or links to national trails and CROW access land. Existing Rights of Way are not eligible for these payments.
Other legislation and codes of good practice you should follow 97. The Countryside and Rights of Way Act 2000 (on designated land).
Further Information 98. You can obtain general information on public rights of way from the Defra website at: www.defra.gov.uk/wildlife- countryside/issues/public/ or by calling Defra on 0117 372 6274. General information on public rights of way is available on the Countryside Agency website at: www.countryside.gov.uk/ WiderWelcome/Countryside_Recreation/rightsOfWay/ or from calling the Countryside Agency on 01242 533222. Managing public access: a guide for farmers and landowners (CCP 450) is available from the Countryside Agency.
GAEC 9 – Overgrazing and unsuitable supplementary feeding 99. This measure reinforces existing legislation. By complying with the requirements of that legislation, you will meet your obligations under GAEC.
22 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Why do we need this measure and what are we trying to achieve? 100. Overgrazing and unsuitable supplementary feeding can lead to damage of important wildlife habitats that contain natural vegetation (often unmanaged) and semi-natural vegetation (not intensively managed). Both natural and semi-natural vegetation may be found in upland and lowland situations, including wetland, woodland, grassland, moor and heathland habitats, and are described as being made up of self-seeded or self propagated vegetation characteristic of the area in which the land is situated. 101. GAEC will ensure the adoption of appropriate grazing and supplementary feeding regimes that do not degrade the diversity of these important wildlife habitats. In addition, poaching, compaction and loss of vegetation reduces the ability of land to absorb heavy rain and can contribute to local flooding and impact on water quality. 102. You must make sure that you do not damage, by inappropriate grazing or unsuitable supplementary feeding, any natural or semi-natural vegetation habitats on land that you farm. Grazing management prescriptions may be issued following a compliance inspection, if it is thought that overgrazing or unsuitable supplementary feeding are occurring, or likely to occur without a change from current management practices.
Good practice – actions to help get the best results 103. Avoid overgrazing; I Do not allow grazing pressure to exceed the carrying capacity of sensitive habitats, within a defined grazing area; I Avoid overstocking in autumn and winter, when vegetation growth is slow or has ceased This measure will also help to control soil erosion and run off; I Undertake regular shepherding to avoid overgrazing throughout the management unit. 104. Avoid unsuitable supplementary feeding; I Avoid feeding stock or driving vehicles over vegetation that is susceptible to poaching, such as flushes, mires and blanket bog; I Move feeding locations on a regular basis to minimise poaching and nutrient enrichment; I Make sure feeders are placed more than 10 metres from a watercourse to minimise the risk of eroded soil entering the watercourse. Feeders should not be placed on or near Scheduled Monuments; I Feed with loose hay instead of silage to distribute grazing pressure; I Avoid feeding large numbers of stock at one site, especially at field entrances.
23 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Bad practice – actions to avoid 105. If overgrazing is taking place the visible signs will include: I short grass sward heights (typically less than 3-5cm in uplands); I heather with contorted dense growth, with little or no flowering shoots; I high dung density; I uprooted and pulled vegetation including less palatable plant material; I areas of bare or poached ground. ) n o t s a l r a D
k ) r S a D M R
: : t t i i d d e e r r c c
o o t t o o h h p p ( (
Overgrazed lowland heath. Overgrazed woodland.
106. If unsuitable supplementary feeding is taking place the visible signs will include: I poached and rutted ground around feed sites; I surplus or inappropriate feed left to rot on the ground; I invasion by plants that indicate nutrient enrichment, such as thistles, docks and nettles. ) n o ) t d s n a l a r l l a o D
H
k r m a o M T
: : t t i i d d e e r r c c
o o t t o o h h p p ( (
Unsuitable supplementary feeding in Unsuitable supplementary feeding on woodland. lowland grassland.
24 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Exceptions 107. None.
Opportunities under agri-environment schemes 108. Suitable options to help overcome overgrazing and unsuitable supplementary feeding may be eligible for financial support under Environmental Stewardship. Payments would be made when you meet specific grazing and supplementary feeding criteria on your land and satisfactorily delivered the environmental outcomes agreed with Defra.
Other legislation and codes of good practice you should follow 109. Environmental Impact Assessment (EIA) (GAEC 5). Sites of Special Scientific Interest (SSSI) (GAEC 6).
Further information 110. Guidance on stocking rates for upland and lowland grassland habitats is available from English Nature or at: www.english- nature.org.uk/pubs/Handbooks/ A practical guide to the restoration and management of Lowland Heathland, RSPB 2003 (for guidance on stocking rates for lowland heath). RSPB Publications.
GAEC 10 – Heather and grass burning 111. This measure reinforces existing legislation. By complying with the requirements of that legislation, you will meet your obligations under GAEC.
Why do we need this measure and what are we trying to achieve? 112. Periodic burning of heather and grass may be beneficial for agriculture, game management and wildlife conservation. It can produce a diversity of vegetation structure and composition that is suitable for a variety of wildlife including upland birds such as red grouse. However, burning too frequently can damage wildlife habitats, as well as being dangerous. Complying with the regulations and following GAEC will help to make sure burning is safe and controlled, and that habitats and wildlife are conserved.
Good practice – actions to help get the best results 113. Always comply with the Heather and Grass (Burning) Regulations 1986 (amended 1987). 114. Understand any obligations you may have to meet within the code of good practice for heather and grass burning.
25 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
115. Decide overall management objectives and draw up a programme of essential burning on a sound rotational )
d basis. Consider vegetation n a l l types and their age/height/ o H condition in planning the m o T
: frequency, shape and size t i d
e of burns. r c
o t
o 116. Scale individual burn sizes to h p ( manpower availability, safety Ensure sufficient beaters are on site. requirements and weather conditions.
117. Choose natural boundaries for the burn wherever possible. Otherwise create firebreaks first, as soon as possible in the season. 118. Take great care when burning close to bracken, forests, woodland, scrub and hedgerows, near to or on SSSIs, and on land affected by heather beetle.
Bad practice – actions to avoid 119. Do not burn peat bog and wet moor, steep slopes (where there is risk of soil erosion), scree slopes, high altitude (montane) sites (above the natural limit of forest about 600 m or 2,000 ft), coastal heaths, large areas of old rank heather and lowland heaths. 120. Do not damage woodland and hedgerows. 121. Do not burn when the direction of the wind is likely to cause hazard or annoyance from smoke or smuts. ) n o t s a l r a D
) k n r a a h M g
: a t l i l d u e D r
c r
e o t t e o P
h : p t i ( d e r c
Burnt blanket bog recovering slowly. o t o h p (
White patches of scorched moss after burn of blanket bog.
26 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Exceptions 122. Licences can be issued to burn outside the specified periods. Contact Defra for guidance on the issuing of these licences.
Opportunities under agri-environment schemes 123. Options to encourage good burning practice, especially where changes to burning regimes are required, may be available in Environmental Stewardship, provided that the agreed environmental outcomes are satisfactorily delivered.
Other legislation and codes of good practice you should follow 124. Wildlife and Countryside Act 1981. Environmental Protection Act 1990. Clean Air Act 1993. Highways Act 1980 (as amended by the Rights of Way Act 1990).
Further information: 125. The Heather and Grass Burning Code, MAFF, 1992 (amended 1994), PB1029. Available from Defra Publications or on Defra’s website at: www.defra.gov.uk/corporate/rds/hgbc.pdf Prescribed Burning on Moorland. Supplement to the Muirburn Code: A Guide to Best Practice – what should I do to comply with the measure, Scottish Executive, 2001, available at: www.scotland.gov.uk/library3/environment/msup-00.asp Upland Management Handbook, English Nature, 2001 or via the internet www.english-nature.co.uk/pubs/Handbooks/upland.asp?id=1 A Practical Guide to the Restoration and Management of Lowland Heathland, RSPB, 2003. RSPB Publications.
GAEC 11 – Control of weeds 126. This measure reinforces existing legislation and also extends to cover four invasive species.
Why do we need this measure and what are we trying to achieve? 127. Control of undesirable and invasive weeds is necessary as these weeds can cause severe agricultural problems for you and your neighbours if left unchecked. They can also threaten the survival of many UK native species and can have a negative impact on some important and vulnerable ecosystems. Once established, these weeds can be difficult to control and, thereafter, eradication may not be possible. 128. It should be an important goal of all farmers to minimise, and where possible to eradicate, injurious and invasive weeds on their farms.
27 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Good practice – actions to help get the best results 129. If you have ragwort on your holding, it is important that you read the code of practice for ragwort and understand your obligations under it. 130. Injurious weeds can be controlled using a number of chemical and/or cultural methods. Care should be taken to choose the most appropriate method of weed control and relate it to the particular circumstances of each weed occurrence to target the weeds at their most vulnerable growth stages. 131. Make sure that you control injurious and invasive weeds when they appear on your farm to prevent any seed from spreading to neighbouring land. Failure to do so can lead to prosecution under the Weeds Act 1959. 132. Any collected plant material should be disposed of correctly, through burning or burial at landfill. 133. Re-assess problem weed sites on a regular basis to keep on top of weed re-growth and newly germinated plants. 134. Careful and focused management of weed populations alongside river corridors will help to reduce the risk of spread.
Bad practice – actions to avoid 135. Not disposing of collected weed material effectively can lead to further seed spread. 136. Not controlling weeds from these groups at an optimum growth stage may allow their seeds to re-infest areas of your farm, and those of your
) immediate neighbours. n e e r
G 137. You must not fail
e k i to comply with any M
: t
i enforcement notice d e r
c served on you to
o t
o control injurious h p ( weeds as specified Seeding docks, thistles and ragwort. under the Weeds Act 1959. Exceptions 138. None.
28 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Opportunities under agri-environment schemes 139. Control of injurious and invasive weeds is a legal requirement for all land owners, including those with environmental scheme agreements. Environmental Stewardship will also require you to satisfy your legal obligations under the Weeds Act 1959 to control injurious and invasive weeds.
Other legislation and codes of good practice you should follow 140. The Weeds Act 1959. The Wildlife and Countryside Act 1981. Code of Practice for the Safe Use of Pesticides on Farms and Holdings.
Further information 141. Code of Practice on how to Prevent and Control the Spread of Ragwort. Available from Defra Publications or via either of the following websites: www.defra.gov.uk/environ/weedsact/weedscontrol.htm www.defra.gov.uk/environ/weedsact/cop_ragwort.pdf Code of Practice for the Safe Use of Pesticides on Farms and Holdings, available from: www.pesticides.gov.uk/approvals.asp?id=329
GAEC 12 – Eligible land which is not in agricultural production 142. This is a new measure for farmers. You will need to comply with these requirements to meet your obligations under GAEC.
Why do we need this measure and what are we trying to achieve? 143. Any area rested from cropping or grazing, together with its associated environmental features, must remain capable of being returned to production, even though you are not obliged to grow or manage a crop on it to receive your single payment. Soil erosion must be avoided, as soil is an important resource but also a potential source of pollution. Weed and scrub build-up can jeopardise neighbouring land and compromise future cropping options, although in some locations scrub build-up can have environmental benefits. 144. Unless you are trying to create specific new scrub or woodland habitats, it is important to maintain land so that it can be readily returned to productive use. In order to continue to qualify for single payments, it is important that the land remains ‘eligible land’ and that it can be easily identified as such during inspections.
29 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
You should remember that any eligible land which is not in agricultural production must be managed according to the standards for GAEC 12, unless it is land that meets your set- aside entitlement.
Good practice – actions to help get the best results 145. Establish a ground cover as soon as possible after the last crop. Natural regeneration is often the most practical way to establish cover on light or shallow soils. Where it follows combinable crops, natural regeneration can provide a winter feeding ground for seed- eating birds. The varied flora that can develop will also support a range of insects and insect-eating birds. 146. Chopping and spreading straw will help with establishment and discing or shallow cultivating (less than 6cm) can encourage germination.
147. A sown grass cover is more suitable for heavy soils or where there is a long history of intensive management )
t and major weed problems are likely. In t o r r these situations, sowing a slow-growing e h S grass mix at a low seed rate can produce w e r
d a more robust cover, particularly where n A
: you intend resting the land for more t i d
e than one season. Including some wild r c
o
t flowers and native legumes will o h p
( increase the cost but will make the Sown cover including legumes area more attractive to invertebrates, and some wild flowers. particularly where cover is being retained for several seasons.
148. Weeds and scrub can be allowed to develop but should be controlled by strategic cutting and/or grazing. In order to protect ground-nesting birds, you must not cut between 1 March and 31 July, except where this is necessary to meet GAEC 11. This restriction may favour annual grass weeds, particularly during the first year out of production. If this occurs, you may need to apply herbicides to prevent black grass, wild oats or brome species from returning seed and compromising subsequent cropping. Where cover has been destroyed it should be re-established as soon as practical.
Bad practice – actions to avoid 149. Avoid storing or applying organic manures except in preparation for returning the land to productive use. Applications to the established cover will increase the maintenance requirements by creating excessive growth.
30 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition ) t t o r r ) e n h e S e
r w G
e r e d k i n M A
: : t t i i d d e e r r c c
o o t t o o h h p p ( (
Poor ground cover can lead to soil Scrub build-up can jeopardise future erosion. cropping.
Exceptions 150. You may apply to the Rural Payments Agency (RPA) for an exemption from these requirements for management that will enhance the environment, such as allowing the expansion of scrub or woodland on specific sites, or for selective cutting of patches where problems occur with annual grass weeds, providing it presents no threat to ground-nesting birds. In specific areas where creation of green vegetation for geese has been targeted, you may apply some fertiliser to promote greater vegetation growth.
Opportunities under agri-environment schemes 151. Options to develop further environmental benefits while eligible land is not in agricultural production, may be available under Environmental Stewardship, providing the agreed environmental outcomes are satisfactorily delivered.
Other legislation and codes of good practice you should follow 152. Cross compliance guidance for soil management. The Weeds Act 1959 (GAEC 11).
Further information 153. Single Payment Scheme – Information for farmers and growers in England PB9937. Defra Publications.
31 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
GAEC 13 – Stone walls 154. This is a new measure for farmers. You will need to comply with these requirements to meet your obligations under GAEC.
Why do we need this measure and what are we trying to achieve? 155. Walls are an important part of our countryside, but many have declined into a state of disrepair or been removed, as farming practices have become more mechanised and less labour intensive. Walls are important in defining the landscape and historic character of some areas, as well as providing valuable wildlife corridors. GAEC will encourage the retention of walls for the benefit of the landscape, wildlife and future generations.
Good practice – actions to help get the best results 156. Consider carefully the amount by which you need to increase the width of an existing gap in a wall to enable machinery or livestock to pass through. This will preserve more of the wall and enhance the aims of this measure. 157. If you are thinking of removing stone from a derelict wall to repair a wall in better condition or a footpath, ask for advice from either the historic environment or archaeological officer, or the landscape officer in your local authority. What may look like a poor quality wall could be of greater historical importance than suggested by its appearance. Make sure you remove only the minimum quantity of stone required to complete the repair. Wall foundations should not be removed. ) ) t t e e u u g g u u H H
n n o o m m i i S S
: : t t i i d d e e r r c c
o o t t o o h h p p ( (
Traditional stone walls enhance the Derelict walls should be retained where landscape. they are of landscape or historic value.
32 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Exceptions 158. If you wish to widen an existing gap to more than 10m, you must seek permission to do so from the RPA. 159. Taking stone from a derelict wall for wall repairs under a capital works programme within an agri-environment scheme requires prior permission from the Rural Development Service (RDS).
Opportunities under agri-environment schemes 160. Environmental Stewardship may have options for the management of walls, offering capital grants for creation and restoration that may allow you to put together a programme of wall maintenance.
Other legislation and codes of good practice you should follow 161. Wildlife and Countryside Act 1981.
Further information 162. Dry Stone Walling – A Practical Handbook, Alan Brooks & Sean Adcock 1999, BTCV, ISBN 0 946752 19 2. Dry Stone Walling Techniques and Traditions – The Dry Stone Walling Association. ISBN 0 9512306 8 9.
GAEC 14 – Protection of hedgerows and watercourses 163. This is a new measure for farmers. You will need to comply with these requirements to meet your obligations under GAEC from 15 July 2005. I It covers the introduction of compulsory protection zones alongside hedgerows and watercourses. I It does not apply to newly planted hedgerows up to five years old (planted after 1 January 2005) or fields of 2 hectares or less. I Buffer strips under Environmental Stewardship should normally be positioned outside these protection zones. The proposed hedge and ditch management options in ELS can overlap (see also Paragraph 178). I Where a field-edge public right of way already exists in the area where GAEC requires you to create a protection zone, there is no requirement for you to create a new access route adjacent to the protection zone.
Why do we need this measure and what are we trying to achieve? 164. Pesticide contamination and nutrient and soil run-off are threats to watercourses. They may result in degraded water quality and loss of habitat value. Hedgerows are particularly prone to damage caused by close ploughing, fertiliser enrichment and spray drift.
33 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
165. GAEC introduces protection zones to buffer hedgerows, watercourses and seasonally wet field ditches from the potentially damaging impact of in-field farming operations. In providing these protection zones, you will also: I provide a valuable extended habitat for a wide range of invertebrates, birds and mammals throughout the year; I suppress the spread of invasive weeds from the hedgerow base into the crop headland; I boost the number of beneficial insects and spiders that, over- winter in the grassy margin and feed on crop pests during the spring and summer.
Good practice – actions to help get the best results 166. Establish a dense, grass-dominant cover. This can be achieved either by sowing an ‘environmental’ mix or by controlling natural regeneration. Close mowing during establishment will benefit both approaches. Cutting is particularly important with natural regeneration, where control of damaging annuals and other undesirable weeds will be essential before a robust ground cover is established. 167. Cutting may be required in subsequent years as a means of controlling injurious weeds and invasive alien species (GAEC 11) or woody growth to prevent scrub encroachment. Where you identify a need to cut, avoid doing so where there may be a risk of disturbance to ground nesting birds. 168. Cutting or grazing established protection zones on a two or three year rotation will enhance their value for wildlife, provide winter food and nesting habitat for birds, increase numbers of beneficial insects and provide habitat for small mammals.
Hedgerow buffered by Watercourse buffered by Hedgerow and watercourse protection zone protection zone buffered by protection zone (© Richard Yardley, RDS) (© Richard Yardley, RDS) (© Richard Yardley, RDS)
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169. Where the field is currently under grass, protection zone establishment can simply involve stopping manure, fertiliser and pesticide applications within the designated distance from the hedgerow, ditch centre or top of the bank. There is no need to avoid grazing or refrain from cutting. Fencing these zones is not required. 170. A 2m protection zone can be incorporated into any set-aside adjacent to the boundary, such as 6-10m strips, wider set-aside strips and field scale set-aside. 171. Although there is no requirement to avoid cutting protection zones strips in mown fields, consider leaving the 2m buffer un-mown and grazing it along with the aftermath following the final cut. This will enhance wildlife habitat during the summer. 172. In areas where rare arable plants have been previously recorded, consider applying for an exemption from the RPA to lightly cultivate the protection zone to encourage their germination. 173. Allowing your hedgerows to grow out over the protection zone will support the aims of GAEC 15 by increasing nesting and feeding habitat for farmland birds.
Bad practice – actions to avoid 174. Avoid contaminating any compulsory protection zones. It is important to use accurate application machinery and ensure that it is calibrated with the appropriate boundary spreading option. A number of different restrictor systems are available. These include field-side deflectors, spread limiters and headland spreading discs. Avoid applications in unsuitable weather conditions where uncontrolled drift is a possibility. 175. Guard against excess trafficking or poaching. Although buffers may be used for access and boundary maintenance, avoid damage to ground cover. 176. Avoid cutting all your buffer in any one year instead of on a rotation. Buffers should ideally be cut in the autumn to avoid the bird nesting season. ) ) t t t t o o r r r r e e h h S S
w w e e r r d d n n A A
: : t t i i d d e e r r c c
o o t t o o h h p p ( (
Arable crop drilled right up to the Arable crop drilled next to the top of the hedgerow base. watercourse bank.
35 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Exceptions 177. Details are given in the Cross Compliance Handbook for England.
Opportunities under agri-environment schemes 178. The cross compliance measure will also satisfy the hedgerow and ditch management options in the proposed Entry Level Stewardship (ELS) which also have a 2m buffer requirement. The 2m width is measured in the same way for cross compliance and ELS. Additional opportunities may be available to extend protection zones adjacent to hedgerows, watercourses and seasonally wet field ditches within Environmental Stewardship and set-aside strip placement. Further details of the relationship between cross compliance protection zones and ELS options will be published in the ELS handbook. 179. Additional grass buffers between 4m and 6m wide placed adjacent to any on-farm watercourse will increase its protection and also fully or partially satisfy any buffer zone and LERAP (see below) requirements under pesticides regulations.
Other legislation and codes of good practice you should follow 180. Local Environment Risk Assessment for Pesticides (LERAP).
Further information 181. Single Payment Scheme – Information for farmers and growers in England PB9937. Defra Publications. Farming for Wildlife – Arable Field Margins, RSPB leaflet 24-440-01-02. RSPB Publications. Farming for Wildlife – Field Margins on Grasslands, RSPB leaflet 24-439-01-02. RSPB Publications. Code of Practice for the Safe Use of Pesticides on Farms and Holdings, PB3528. Defra Publications. Local Environmental Risk Assessment for Pesticides, Horizontal Boom Sprayers PB5621. Defra Publications. Local Environmental Risk Assessment for Pesticides, Air-assisted Sprayers PB6533. Defra Publications. Guidelines for the management of field margins, GCT Fact Sheet 2. Game Conservancy Trust. Environmental Stewardship Handbooks are available from: www.defra.gov.uk/environment Details on water quality can be found at: www.defra.gov.uk/environment/water/quality/nitrate
36 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
GAEC 15 – Hedgerows 182. This measure reinforces key aspects of existing legislation for hedgerows and wild birds. By complying with the requirements of that legislation, you will meet your obligations under GAEC.
Why do we need this measure and what are we trying to achieve? 183. As farming practices have intensified, hedgerows have become increasingly important ‘refuges’ for wildlife. As well as providing corridors for the movement of wildlife between fragmented habitats, they support more wildlife than many other semi-natural habitats and are a vital resource for many farmland birds, providing nesting habitat and food. Farmland birds numbers declined significantly between the mid 1970s and 2000, on average by 46%. This decline is generally accepted to be a consequence of agricultural intensification during that period, which included inappropriate timing and frequency of hedgerow trimming. 184. Trimming of hedgerows outside the main bird breeding season (1 March to 31 July) will prevent disturbance to nesting birds, have a positive outcome on hedgerow use for breeding, and contribute to reversing the decline of farmland birds. Hedgerows are highly valued landscape and historic features. Their retention ensures that they continue to contribute to local landscape character and provide a record of land use in the future.
Good practice – actions to help get the best results 185. Cut hedgerows as late as possible in the winter months, ideally during January and February, to leave the fruit and nuts for insects, birds and mammals. 186. Move away from annual trimming and cut hedgerows on rotation every second or third year, to ensure a continuous food supply for wildlife. Most trees and shrubs in hedgerows only produce flowers, nuts and berries on two or three year old growth.
187. Allow hedgerows to become slightly taller and wider by letting a little more growth remain at each cut. Try not to trim hedgerows below 1.5m in height, but keep this in the context of local character areas. 188. Create a range of hedgerow shapes and sizes across your farm, including hedgerows that are allowed to grow uncut with a view to being layed or
A-shaped hedgerow provides coppiced in future years. Generally, the good protection for wildlife larger the volume of a hedgerow, the (photo credit: Emily Ledder) more valuable it is to wildlife.
37 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
189. Establish grass margins adjacent to those required by GAEC 14 for hedgerows to provide valuable habitat and give you access to trim hedgerows after new field crops have been sown. 190. Ensure that flail hedgerow cutters are in good working order and that they are used correctly. Start at the top of the hedgerow and work downwards, which will result in any cut material being further chopped and mulched. To reduce tearing of older growth, use a circular saw blade or rotating knife attachment rather than a mechanical flail.
Bad practice – actions to avoid 191. Do not spread manures, fertilisers or pesticides into the base of the hedgerow as they will harm the hedgerow and basal hedgerow flora. You will also fail to comply with GAEC 14.
192. Over-trimming can encourage weed species such as elderberry or sycamore to predominate, ) r often leading to gappy e d d
e hedgerows. L
y l i 193. Cutting a hedgerow back to m E
: t
i the same height year after d e r
c year, can weaken it and lead
o t
o to gaps forming at the base h p ( of the hedgerow shrub, Poor management will lead to gappy creating the characteristic hedgerows. ‘mushroom’ effect.
Exceptions 194. Details are given in the Cross Compliance Handbook for England – (GAEC 15).
Opportunities under agri-environment schemes 195. If a hedgerow is already part of an existing agri-environment scheme, the hedgerow management prescriptions for that scheme take precedence over those detailed in this GAEC measure. Environmental Stewardship may offer payment for the management of hedgerows. ELS hedge management options are likely to offer support for environmentally beneficial cutting regimes. HLS may offer additional assistance with hedgerow planting and restoration in some circumstances. ELS may also provide payment to establish additional grass margins to further buffer hedgerows from agricultural operations.
38 Cross Compliance Guidance for the Management of Habitats and Landscape Features 2005 Edition
Other legislation and codes of good practice you should follow 196. Hedgerows Regulations 1997. Wildlife and Countryside Act 1981. Tree Preservation Orders (TPOs) (GAEC 17).
Further information 197. Hedging. A Practical Handbook. Alan Brookes and Elizabeth Agate 1998, BTCV, ISBN 0 946752 17 6. A Farmer’s Guide to Hedgerow and Field Margin Management. N. Sotherton and R. Page 1998. Game Conservancy Trust 1998. ISBN 1 901369 03. Farming for Wildlife – Hedgerow Management, RSPB leaflet 24-440-01-02. RSPB Publications. How to Manage Hedgerows for Birds, RSPB leaflet 22-377 RSPB Publications. The Good Hedge Guide: A pocket guide to hedgerow management, FWAG, ISBN 0 9534804 0 2. www.defra.gov.uk/farm/conservation/hedgerows.htm
GAEC 16 – Felling of trees 198. This measure reinforces existing legislation. By complying with the requirements of that legislation, you will meet your obligations under GAEC.
Why do we need this measure and what are we trying to achieve? 199. Trees, especially old and ancient ones, often have biological, historic, cultural and landscape importance. They are part of our heritage and their protection through GAEC will help to make sure that they live for many years. It is important that you only fell farmland and woodland trees if you have a valid licence so they can continue to provide environmental benefit.
Good practice – actions to help get the best results 200. Make sure you apply for a felling licence from the Forestry Commission. This should be done when a licence is required and also if you are unsure whether you need one. 201. Consult with the Forestry Commission where you think it is necessary to remove a tree to prevent danger or nuisance. They will offer you advice on how the danger can be minimised. Perceived dangers are not covered by the exemption and if the tree was not a real danger, you will be in breach of GAEC.
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Bad practice – actions to avoid 202. If you do not intend to replant, you may need an Environmental Impact Assessment (EIA) (GAEC 5). You will be breaching GAEC if you do not comply with any replanting requirements within EIA.
Exceptions 203. There are certain exemptions where felling licences are not required – you should contact the Forestry Commission for further information.
Opportunities under agri-environment and forestry commission schemes 204. It is likely that Environmental Stewardship will contain options to protect and restore trees and woodlands. The English Woodland Grant Scheme (EWGS) will replace both the Forestry Commission’s Woodland Grant Scheme and Defra’s Farm Woodland Premium Scheme and is expected to provide grants for managing existing woodlands and creating new ones.
Other legislation and codes of good practice you should follow 205. Environmental Impact Assessment – Forestry (GAEC 5). Tree Preservation Orders (GAEC 17).
Further information 206. General information on felling trees can be obtained from the Forestry Commission on their website at: www.forestry.gov.uk/froestry/ INFD-5YGFRM Information on ancient trees can be obtained from the Woodland Trust on their website at: www.woodland-trust.org.uk/ancient-tree-forum
GAEC 17 – Tree Preservation Orders 207. This measure reinforces existing legislation. By complying with the requirements of that legislation, you will meet your obligations under GAEC.
Why do we need this measure and what are we trying to achieve? 208. Tree Preservation Orders (TPOs) prevent the felling, topping, lopping or uprooting of trees without prior permission from the local planning authority. TPOs are made by local authorities to protect trees, groups of trees and woodlands that make a significant impact on their local surroundings, particularly where the trees are in immediate danger of being removed.
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209. A TPO can be placed on all types of trees, including hedgerow and orchard trees. To ensure that all trees with TPOs are protected, it is important that you only do work on them with prior permission from your local planning authority. In this way, these trees will continue to be managed for environmental benefit.
Good practice – actions to help get the best results 210. If you don’t already know which trees on your farm have TPOs, ask your local authority . Once you have identified trees with TPOs, these should be recorded on your farm plan. Farm staff and contractors should be reminded that they are protected. 211. Make sure you plan ahead when you are proposing any work on trees by consulting with your local authority at the earliest stage to see if any TPOs apply and obtaining their consent before starting work.
Bad practice – actions to avoid 212. Do not undertake any work on a tree with a TPO without the prior permission of the relevant local authority.
Exceptions 213. Exceptions may be considered for the felling of trees considered to be a danger (dead or dying) or nuisance. You should consult the local authority for advice on whether and how this danger can be minimised. Perceived dangers are not covered by the exemption and if a tree is felled that was not a real danger, you will be in breach of GAEC.
Opportunities under agri-environment schemes 214. It is likely that Environmental Stewardship may contain options to protect and restore trees and woodlands. The English Woodland Grant Scheme (EWGS) will shortly replace both the Forestry Commission’s Woodland Grant Scheme and Defra’s Farm Woodland Premium Scheme. EWGS is expected to provide grants for managing existing woodlands and for creating new ones.
Other legislation and codes of good practice you should follow 215. Forestry Act 1967. Forestry (Felling of Trees) Regulations 1979. Environmental Impact Assessment – Forestry (GAEC 5). Felling of Trees (GAEC 16).
Further information 216. Contact your local planning authority for general information or go to: www.odpm.gov.uk/stellent/groups/odpm_urbanpolicy/ documents/page/odpm_urbpol_607980.hcsp
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Appendix 1
Glossary of definitions, terms, legislation and codes of practice used in this booklet
Definitions
Hedgerow 217. The rules apply to hedgerows as defined in the 1997 Hedgerows Regulations and referred to in GAEC 15 of the Cross Compliance Handbook for England 2005 Edition.
Terms
Countryside Stewardship Scheme (CSS) and Environmentally Sensitive Area (ESA) 218. These are currently managed by Defra’s Rural Development Service within the England Rural Development Plan (ERDP). They include specific management rules that can be applied to land areas and features, including permanent pasture, which will have been accepted into a scheme agreement.
Environmental Stewardship (ES) 219. Subject to European Commission approval, Environmental Stewardship (ES) will be launched in England in 2005 to replace the existing agri-environment schemes (Environmentally Sensitive Areas, Countryside Stewardship and Organic Farming Schemes). The key aim of ES will be to secure environmental benefits at levels above those of Good Farming Practice and cross compliance conditions (see paragraphs 8 and 9).
LERAP (Local Environmental Risk Assessment for Pesticides) 220. Certain pesticides have an aquatic buffer zone requirement when applied by horizontal boom or broadcast air-assisted sprayers. If you want to reduce this aquatic buffer zone, there is a legal obligation to carry out and record a LERAP.
Single Payment Scheme (SPS) 221. The CAP reform package agreed on 26 June 2003 means that all the main existing direct aid schemes will be replaced by a new Single Payment Scheme in 2005. Under this scheme, farmers will be allocated ‘entitlements’ of a particular value. They can then make an annual claim for payment against each entitlement per hectare, to the extent that they are farming, or at least meeting, the cross compliance conditions in respect of a hectare of eligible land.
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Wildlife Enhancement Scheme (WES) 222. This is currently managed by English Nature and applies only to Site of Special Scientific Interest (SSSIs) where specific management requirements have been agreed, as part of a management plan for the site.
Legislation
Countryside and Rights of Way Act 2000 223. The Countryside and Rights of Way Act 2000 (CROW) will extend the public’s ability to enjoy the countryside while also providing safeguards for landowners and occupiers. It will create a new statutory right of access to open country and registered common land, modernise the rights of way system, give greater protection to Sites of Special Scientific Interest (SSSIs), provide better management arrangements for Areas of Outstanding Natural Beauty (AONBs), and strengthen wildlife enforcement legislation. Certain provisions came into force on 30 January 2001, but the remaining provisions will not come into force until the Secretary of State has made commencement orders giving effect to them.
Environmental Impact Assessment (EIA) 224. The EIA Regulations require that uncultivated land and semi-natural areas of particular environmental importance are identified and that the effects of bringing such land into intensive agricultural use are taken into account before work begins. The EIA Unit at RDS Reading offers advice and guidance on EIA.
Forestry Act 1967 225. This Act protect Britain’s forests, making it necessary to have a felling licence from the Forestry Commission to fell trees. It is an offence to fell trees without a licence, if an exemption does not apply.
Hedgerows Regulations 1997 226. This legislation offers protection for important hedgerows that are of significant historic, wildlife or landscape value. In most situations it is against the law to remove a hedgerow without permission from the local authority.
Highways Act 1980 (as amended by the Rights of Way Act 1990) 227. This act is the law governing the approval and management of highways maintainable at the public expense and covers their creation, protection and maintenance.
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Nitrates Directive and Action Programme Regulations 228. Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (EC Nitrates Directive) was adopted by the Commission on 19 December 1991. The Directive seeks to reduce or prevent the pollution of water caused by the application and storage of inorganic fertiliser and manure on farmland. It is designed both to safeguard drinking water supplies and to prevent wider ecological damage in the form of the eutrophication of freshwater and marine waters generally. Land in these zones must be managed to restrict the run-off and leaching of nitrates from soils. (See SMR 4 in the Cross Compliance Handbook for England for further information).
Tree Preservation Orders (TPOs) 229. TPOs are made by local authorities to protect trees. TPOs prevent the felling, topping, lopping or uprooting of hedgerow trees without prior permission from the local planning authority.
Weeds Act 1959 230. This covers the control of five injurious (harmful) weeds. These weeds are spear thistle, creeping or field thistle, curled dock, broad- leaved dock and common ragwort. Primary responsibility for control of these weeds lies with the occupier of the land on which the weeds are growing. RDS can provide advice on the Weeds Act and how it applies in practice.
Wildlife and Countryside Act 1981 231. This legislation offers protection to a number of plants, birds, mammals, amphibians and reptiles. Under this Act it is against the law to intentionally take, damage or destroy the nest or egg of any wild bird while that nest is in use or being built. It is also an offence to intentionally or recklessly disturb any wild bird included on Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young, or to disturb the dependent young of such a bird. It is an offence to plant (or cause to grow) in the wild, any listed non-native plants such as Japanese knotweed, giant hogweed and rhododendron. The Act also provides for the notification of Sites of Special Scientific Interest (SSSI). These are notified by reason of their flora, fauna, or geological or physiographical features. It also contains measures for the protection and management of SSSIs.
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Codes of Practice / Statutory Responsibility
Codes of Good Agricultural Practice for the Protection of Water, Air and Soil 232. The water, air and soil codes are designed to provide practical guidance to help farmers and growers avoid causing pollution and to protect soil as their most valuable resource. The Codes describe the main risks of causing pollution from different agricultural and horticultural sources. Good agricultural practice means a practice that minimises the risk of causing pollution while protecting natural resources and allowing economic agriculture to continue.
Control of Pesticides Regulations 1986 and Plant Protection Products Regulations 2003 233. This requires pesticide users to follow the instructions and conditions set out by the product label; to be properly trained to apply pesticides; to take all reasonable precautions to protect the health of people, creatures and plants; and to safeguard the environment and avoid polluting water. Guidance on how to meet these requirements is set out in the Code of Practice for the Safe Use of Pesticides on Farms and Holdings. Failure to follow the code is not, in itself an offence, but may be used in evidence against a pesticide user in the event of prosecution.
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Appendix 2 Further Information and Contact Details
For General Cross Compliance Enquiries:
Cross compliance Tel: 0845 345 1302 technical helpline Email: [email protected] (land management issues) website: www.crosscompliance.org.uk
Defra For information on any aspect of Defra’s work, including cross compliance, please contact the Defra Helpline by telephone on 08459 335577 or by email at [email protected] or visit www.defra.gov.uk
Rural Payments Agency Helpline number 0845 601 8045 www.rpa.gov.uk
For Specific Information and Publications:
Association Local Tel: 01975 564071 Government Archaeological Email: Caroline Ingle at Officers [email protected] www.algao.org.uk/default.htm
British Trust for Conservation Conservation Centre Volunteers (BTCV) 163 Balby Road Doncaster, South Yorkshire DN4 0RH Tel: 01302 572244 E-mail: [email protected]
Countryside Agency Countryside Agency Head Office John Dower House, Crescent Place, Cheltenha, GL50 3RA Tel: 01242 521381 / 533222 E-mail: [email protected] www.countryside.gov.uk/
Defra Publications Admail 6000 London SW1A 2XX Tel: 08459 556000 Fax: 0208 957 5012 E-mail: [email protected]
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EIA Unit, Defra Rural Development Service Government Building Coley Park, Reading, RG1 6DT EIA Helpline Number: 0800 028 2149 (freephone) [email protected] www.defra.gov.uk/environ/eia
English Nature Northminster House Peterborough PE1 1UA Tel: 01733 455101 Fax: 01733 455103 E-mail: enquiries@english- nature.org.uk www.english-nature.co.uk/
English Heritage English Heritage Book Service Publications Orders Dept PO Box 582 Norwich NR1 1WN.
Environment Agency Tel: 08708 506 506 www.environment-agency.gov.uk
FWAG National Agricultural Centre Stoneleigh, Kenilworth Warwickshire CV8 2RV Tel: 02476 696699 E-mail: [email protected]
Forestry Commission Great Eastern House, Tenison Road England National Office Cambridge, CB1 2DU Tel: 01223 314546 Fax: 01223 460699 Email: [email protected] www.forestry.gov.uk
Game Conservancy Trust Fordingbridge Hampshire SP6 1EF Tel: 01425 652381
National Park Association of National Park Authorities 126 Bute Street, Cardiff CF10 5LE Tel: 029 2049 9966 Fax: 029 2049 9980 www.anpa.gov.uk
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RSPB Publications RSPB Unit 17 St Martin’s Business Centre, Cambridge Road, Bedford MK42 0LH telephone: 01234 211522 E-mail: [email protected])
The Dry Stone Walling DSWA Office, Westmorland County Association Showground, Lane Farm, Crooklands, Milnthorpe Cumbria, LA7 7NH Tel: 01539 567953 www.dswa.org.uk/
The Woodland Trust Autumn Park, Dysart Road Grantham, Lincolnshire NG31 6LL www.woodland-trust.org.uk
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December 2004