Agri-Environment Schemes on Common Land

Context

Common land first came into agri-environment schemes in the early 1990s and agreements are now widespread on upland commons and an important source of income for farmers. In many circumstances the focus of these agreements has been a payment in return for reducing sheep numbers or introducing cattle.

On lowland commons agri-environment schemes are commonly used to reintroduce active management where grazing has ceased, to control the encroachment of coarse vegetation and scrub. These schemes are often initiated by Natural England and non-governmental organisations, including The National Trust and Wildlife Trusts.

It is expected agri-environment schemes will remain as the key mechanism to maintain and enhance non-marketable environmental benefits such as water quality, flood protection, biodiversity, landscape protection and carbon storage. Farmers will increasingly be required to provide these benefits in exchange for government support.

The entry of common land into agri-environment schemes is more complicated than on privately owned land due to the multiple parties and interests involved. It is important to be informed on the management and governance of common land before entering into any schemes.

Types of schemes

These are the main current agri-environment schemes:

• Countryside Stewardship (CS), a governmental scheme providing financial incentives for farmers, woodland owners, foresters and land managers to look after and improve the environment. This can currently still be applied for until the end of 2023, with final negotiations expected in January 2024. For more information, click here.

• Sustainable Farming Incentive (SFI) Moorland, one of three new schemes designed to to help farmers manage land in a way that improves food production and is more environmentally sustainable. This is currently in a trial period on common land. For more information about this, click below.

Environmental Stewardship was introduced by Defra in 2004 and includes:

• Entry Level Scheme (ELS), a basic scheme suitable for most commons.

• Higher Level Scheme (HLS) where greater changes or restrictions in farming practice will be required. HLS is also the main tool for improving and maintaining the conditions of Sites of Special Scientific Interest (SSSI). For information about HLS funding for works on commons, click here.

• Upland ELS (UELS), introduced in 2010 for Severely Disadvantaged Area (SDA) land in the Less Favoured Area. It replaces the Hill Farming Allowance (HFA) and exemplifies the trend for government support being moved from supporting farming to encouraging the delivery of environmental goods.

All these are managed by Natural England, the government’s agency for conservation. Further information on all schemes is available from the Natural England website. ELS, UELS and HLS are all being phased out, so while they still apply to commons involved in these schemes, you can no longer apply to them.

Tip: If you need information on whether a scheme already exists or what designations there are on a specific area of land then a search through MAGIC is a good start.

Most payments for common land agreements are paid to commoners’ associations which divide the money up among the participants. They authorise a person to sign application forms and agreement documents with Natural England.

Underpinning this, each common will require an internal agreement binding all parties and clearly setting out their respective responsibilities and payments due. In addition, the Rural Payments Agency (RPA) is now requiring all those receiving funds from a commons agreement to be included on the Customer Registration details as a legally responsible person of the business.

Tip: Allow enough time for negotiations – a minimum of 6 months is advised and the process may take 18 months to 2 years

Applying for Agri- Environment Schemes

Applying for an environment scheme can be a complex process. Click below to find about how to apply.