More and more of our clients are asking this question, and whilst the Environmental Impact Assessment (Agriculture)(England)(2) Regulations 2006 will be reviewed shortly, it is unlikely things will become any simpler when making a decision as to whether a particular field of permanent pasture can be ploughed up. Unfortunately there is not a quick answer. As a result of this we have produced together with our new “Farm Facts 2012’’ pocket sized aide memoir, a flow chart that tries to simplify the different criteria to be considered before ploughing up permanent pasture which can be emailed upon request. Identifying whether fields can be ploughed is a two stage process; stage one is to firstly rule out any possibility the grassland could be classified as a Semi-Natural Area (SNA) which cannot be ploughed, and then if it is not an SNA, stage two is to apply the cultivation test.
Stage One
As an example of stage 1, if you had a field of more than 2 hectares with a habitat of “Species Rich Lowland Hay Meadow’’ or “Neutral Grassland’’ (there are eleven in total), the first thing you need to establish is whether it is an SNA. To do this you must ask a series of questions as follows:
Does the grassland contain at least two of the following?:
1. <10% Rye Grass and White Clover.
2. >15 species/ m² including grasses.
3. >30% cover of wild flowers and sedges, excluding White Clover, Creeping Buttercup and Injurious Weeds.
If the answer is yes to at least two of the above the area is likely to be classified as a “Species Rich Grassland’’ and therefore likely to be designated as an SNA which you must not plough without an Environmental Impact Assessment (EIA) screening. To apply for this you should ring the EIA helpline on 0800 0282140. If the answer is no, proceed to the second question:
Does the grassland contain at least two of the following?:
1. <30% Rye Grass and White Clover.
2. >9 species/ m² including grasses.
3. >10% cover of wild flowers and sedges, excluding White Clover, Creeping Buttercup and Injurious Weeds.
If the answer is yes to at least two of the above the area is likely to be classified as “Semi-Improved Grassland’’. You may be able to plough but you may still need to consider an EIA screening application. If the answer is no then proceed to the next question:
Does the grassland contain at least two of the following?:
1. >30% Rye Grass and White Clover.
2. <9 Species/ m² including grasses.
3. <10% cover of wild flowers and sedges, excluding White Clover, Creeping Buttercup and Injurious Weeds.
If the answer is no to at least two of the above the area may be a “Non Grassland Habitat” and you should not plough until you have taken further advice to investigate whether the area is an SNA. If you answered yes to at least two of the above, the area is classified as “Improved Grassland’’ and would not be a SNA. You may now proceed to Stage 2.
STAGE TWO
Has there been physical cultivation in the last 15 years? If yes you may now be able to plough. If the answer is no, proceed to the next question:
Has the field been subject to chemical cultivation? If the answer is no you need an EIA screening application. If the answer is yes then you can consider ploughing.
Obviously great care is needed and there are penalties applied to your Single Farm Payment if you get it wrong together with the costs of reinstating the grassland and you can also be prosecuted. Each case needs to be assessed on its own merits and you should always take professional advice, at any stage of the above assessment.