There has been much talk over the past year regarding the new Basic Payment Scheme (BPS) and the increased bureaucratic ‘burden’ in relation to permanent pasture. Under European Legislation, and incorporated into the ‘roots’ of the Common Agricultural Policy (CAP), there is a requirement in England to maintain a set area of permanent pasture. The increased focus permanent pasture has seen over the last year or so has been provoked by BPS rumours suggesting that any grassland coded as permanent pasture in SPS claims in 2014 would need to remain as such thereafter to comply with the BPS. However the new Cross Compliance guidance booklet for 2014 confirmed that if, in the future the national level of permanent pasture drops by 5%, farmers who have ploughed up permanent pasture in the two years preceding the relevant scheme year, run the risk that they may have to convert the land back to permanent pasture.
At present there are two definitions of permanent pasture, the first being under the Single Payment Scheme (SPS). This is set out in the Guide to Cross Compliance 2014, and is defined as land that is used to grow grasses or other herbaceous forage, either self-seeded or sown, which has not been included in the crop rotation for 5 years or longer, has not been set-aside during this 5 year period under the SPS options, and has not been taken out of production under certain environmental schemes.
The second definition is under the Environmental Impact Assessment (EIA) Regulations set out in Natural England’s public guidance. This describes it as “uncultivated land and semi-natural areas”. The key point is, land is considered to be “uncultivated” if it has not been subject to physical or chemical cultivation within the last 15 years.
With regards to the current SPS requirements, the onus is on the landowner to accurately record, using the correct land use codes what is permanent pasture and what is not. Unless the land falls within the parameters of the EIA regulations, the landowner is free to re-seed, cultivate and enhance the production of the land, as long as this is correctly recorded under the SPS application.
Under the BPS it seems as though the first definition (above) will come to be known as ‘permanent grassland’. The definition will effectively be the same, but with the addition that should England’s overall percentage of permanent grassland, compared to the agricultural area, fall by more than 5%, those farmers who have ploughed up permanent grassland in the two years preceding the drop could have to reinstate this land to permanent grassland.
On Tuesday 10th June Mr Paterson announced details of the ‘greening’ element of the BPS. He also confirmed that we will not be taking up the option of making additional designations of sensitive grasslands where a no plough rule would operate, something that was under suggestion last year, but received significant opposition following the October 2013 DEFRA consultation. Despite this it would be interesting to know whether the fear of such a ban has caused farmers to plough up permanent pasture over the last season to try and avoid the possibility of having to reinstate it under the BPS.
