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Environmental Impact Assessment (EIA) (Agriculture) Regulations protect uncultivated land and semi-natural areas from damage caused by the introduction of or changes in activities that improve the productivity of land for agriculture.ÌýÌý

They also protect land from negative environmental effects from physical change to rural land by restructuring.ÌýÌý

Natural England will decide if your proposal to change the use of land is likely to have a significant effect on the environment. You must apply for this ‘EIA screening decision’ before you make any changes.

Check if you need a screening decision to:ÌýÌýÌý

• increase the productivity of uncultivated landÌý
• increase the productivity of semi-natural areas (SNAs)Ìý
• restructure rural land

Note that some cultivated land may still be a semi-natural area.

Check your land typeÌýÌýÌý

Check to see if your land is classed as uncultivated, a semi-natural area, or rural. ÌýÌý

Uncultivated landÌý

Uncultivated land is land that you have not cultivated in the last 15 years by:Ìý

• physical means, such as ploughing, breaking the soil surface or disrupting the subsoilÌý
• chemical means, such as adding organic or inorganic fertiliser or soil improversÌýÌý

Land is also uncultivated where there is no evidence to confirm past management practice.ÌýÌý

Semi-natural areas (SNAs)ÌýÌý

SNAs include priority habitats, heritage or archaeological features and protected landscapes. If you’re not sure if an area is semi-natural, contact Natural England for advice.Ìý

Priority habitatsÌý

Land that includes at least one of the habitats of principal importance in England. Priority habitats are usually found on land that has not been intensively farmed.Ìý

Arable field margins which meet the priority habitat description in the are only semi-natural areas if they either:

• support heritage or archaeological features
• occur in a protected landscapes

Field margins that meet the definition of another priority habitat are also semi-natural areas.

Heritage or archaeological featuresÌý

Land that contains or is likely to contain historical and archaeological features of at least regional significance. This includes nationally significant designated heritage assets such as:Ìý

• scheduled monuments, including the setting of the heritage assetÌý
• registered Parks and Gardens of Special Historic InterestÌý
• registered Historic BattlefieldsÌý

Heritage or archaeological features can also include non-designated heritage assets of regional significance.Ìý

Protected landscapesÌý

Land within:Ìý

• a Ìý
• Ìý

Management plans with a landscape character assessment will identify the features that contribute to the special quality of these protected landscapes.Ìý

Features may include:Ìý

• landform, geology and soilsÌý
• semi-natural habitats such as land cover, field boundaries and water bodiesÌý
• historic landscapes such as historic parkland and ancient settlement patternsÌý
• cultural and experiential qualities, such as local associations and views and surroundings

Other semi-natural areas

This includes:

• scrub, which is land which supports scrub vegetation of woody shrubs and trees on average less than 5m high with a canopy cover of at least 10% and a patch size of greater than 0.25ha. Species may include but are not limited to hawthorn, blackthorn, hazel, rowan, willow, crab apple, gorse and bramble
• bracken, which is land that has continuous bracken cover of circa 50%, at the height of the growing season. Areas with scattered patches of bracken less than 0.25ha should be assessed as the habitat in which it is growing

Rural landÌý

Rural land is land used for agriculture and traditional uses. It includes but is not limited to:Ìý

• growing crops and forage coverÌýÌý
• orchards, vineyards and fruit and seed growing, grazing animals and livestock breedingÌý
• grazing horses (where land use has not changed)Ìý
• woodland management where this is small scale and supports farm businessÌý
• horticulture including market gardens, nursery grounds and osier bedsÌý
• other purposes, such as equine use, game rearing, keeping and shooting, and fishingÌý

When you do not need a screening decision to change uncultivated, semi-natural or rural landÌý

You do not need a screening decision to:Ìý

• replace nutrients on a SNA if it does not lead to increased agricultural output - for example applying low levels of farmyard manure to a hay meadowÌý
• broadcast mixed native wildflower seed on land that is not an SNAÌý
• clear invasive non-native vegetationÌý
• spot treat weeds in a targeted wayÌýÌý
• repair existing boundaries like for likeÌýÌýÌý

Projects that are covered by other regulations, usually because of scale, are exempt from the EIA (Agriculture) Regulations. This includes:

• forestry projects
• development under the planning system
• major land drainage and water management projects
• removal of hedgerows

Check whether your project is covered by these regulations before you apply. If you’re not sure whether your project is exempt, contact Natural England for advice.

You should also contact Natural England if your project is covered by permitted development, as you may or may not need a screening decision.

When to get a screening decision to change uncultivated, semi-natural or rural landÌý

You must check if you need Natural England’s permission to change uncultivated, semi-natural or rural land by:Ìý

• increasing the productivity of uncultivated land or an SNA over a certain size - known as an ‘uncultivated land project’Ìý
• altering a rural land boundary over a certain length by adding, moving, removing or changing it, or installing a boundary over a certain length for the purpose of dividing a land parcelÌý
• moving, importing or removing earth or other material on rural land over a certain volume or area Ìý

Altering field boundaries and moving earth or other materials on rural land are known as ‘restructuring projects’.ÌýÌý

Size, length, volume and area limits are known as ‘thresholds’.ÌýÌý

If your project is landscape scale or a catchment approach and involves multiple land parcels, landholdings or elements of work, it will be considered as one project (not smaller individual projects) for threshold purposes.

Contact Natural England for advice if:

• your land is below the minimum threshold of hectarage, length or volume and has SNAsÌýÌýÌý
• your project is a combination of the 3 changes - they will help you consider your project against the individual thresholdsÌý
• your project is landscape scale or a catchment approach

Increasing productivity of landÌýÌý

You need a screening decision before you increase the productivity of 2 hectares (ha) or more of uncultivated land or an SNA.ÌýÌý

Increasing productivity includes (but is not limited to):ÌýÌý

• disrupting the soil surface by ploughing, discing, harrowing or rotovatingÌý
• disrupting the subsoil by subsoiling, soil loosening, shakeaerating or paraploughingÌý
• increasing the use of organic or inorganic fertiliser or soil improvers, including limeÌý
• converting grassland to arable or whole-crop silageÌý
• converting to biofuel crops - contact Natural England for more adviceÌý
• creation of osier beds
• sowing seed that increases agricultural productivityÌý
• planting trees where this will increase the productivity of the land for agriculture (unless covered by EIA (Forestry) Regulations)
• draining land, drainage worksÌýor changing water levels
• works which go beyond routine ditch maintenance of silt levels and vegetation
• introducing or increasing an agroforestry approach to land management which will increase the productivity of the land for agriculture (unless covered by EIA (Forestry) Regulations)
• smothering or clearing vegetation (including grassland and rush pasture) or scrub, with machines or chemicals, by animals, or by burning (excluding continued routine habitat management)
• clearing existing trees or orchards (unless covered by EIA (Forestry) Regulations or the Hedgerow Regulations)Ìý
• increasing stocking density or changing stock type or grazing regime period (including introduction of supplementary feeding) that leads to the land being used more intensively for agricultureÌýÌý

You must also get a screening decision for:Ìý

• changes to separate areas of land on the same holding that add up to 2ha or more, even if you make changes separately over time or the projects are different, for example adding drainage in one area and changing to arable rotation in anotherÌý
• sowing seed to restore semi-natural grassland or heathland if the sowing of seed disrupts the soil surface and therefore leads to increased agricultural productivityÌý
• planting trees to restore traditional orchards and woodland pasture and parkland where the planting will lead to increased agricultural productivity (unless covered by EIA (Forestry) Regulations)
• cultivation or restructuring either before a planning application, application determination or application refusal, where cultivation will increase the productivity of the land for agricultureÌýor works will restructure the landÌýÌý
• where Outline Planning only has been approved, where cultivation will increase the productivity of the land for agriculture or works will restructure the landÌýÌýÌýÌýÌý

Increasing productivity of regionally significant land under 2haÌý

Contact Natural England if the proposed project affects land that is regionally significant but under 2ha. Natural England will be able to provide advice on considering environmental impact.Ìý

Land is regionally significant if it:Ìý

• Ìýincludes at least one of the habitats of principal importance in EnglandÌý
• has heritage features of at least regional importance, such as above or below-ground archaeological sitesÌý
• has landscape features of at least regional importance such as historic parkland and gardensÌý
• is a sensitive area such as a national landscape, national park, the Broads or scheduled ancient monumentÌý

Altering or installing a field boundaryÌý

You need a screening decision before you add, move, remove or change the nature of a field boundary over a certain length or height, for example, if you increase stocking fence height to deer exclusion height.

You also need a screening decision to install boundaries over a certain length within a land parcel, for the purpose of dividing the parcel. For example, installing a boundary to exclude stock from a particular area of the land parcel or to protect habitat.

Field boundaries are:ÌýÌý

• wallsÌý
• fencesÌý
• banksÌý
• ditchesÌý
• watercoursesÌýÌý
• hedgerows if not covered by the Hedgerows Regulations

You need a screening decision if boundaries are:Ìý

• equal to or over 4km longÌý
• equal to or over 2km long in a sensitive area — a national landscape, the Broads, a national park or a scheduled ancient monumentÌý

If the project land is partly in a sensitive area, the sensitive area threshold applies to the whole project. ÌýÌý

Moving earth or other materialsÌý

You need a screening decision before you add, remove or redistribute earth or other material over a certain area if it’s:ÌýÌýÌý

• 10,000 cubic metres or moreÌý
• over an area of 100ha or moreÌý

In a sensitive area (a national landscape, the Broads, a national park or scheduled ancient monument) you must get permission if the earth is:ÌýÌý

• 5,000 cubic metres or moreÌý
• over an area of 50ha or more

If the project land is partly in a sensitive area, the sensitive area threshold applies to the whole project. ÌýÌý

When you need a screening decision for agri-environment schemes Ìý

Rural Payments Agency (RPA) agri-environment scheme applications may involve restructuring or uncultivated land projects. These are changes to land that need a screening decision. ÌýÌý

For example, the introduction of grazing may involve activities that would be classified as an uncultivated land project or a restructuring project. This could include:Ìý

• tillageÌýÌý
• clearing of vegetationÌýÌý
• seedingÌý
• installation of fencing

When a scheme endsÌý

If you already have an RPA agri-environment scheme, you may need a screening decision when the scheme ends, if you:ÌýÌý

• want to change the way you manage landÌýÌý
• no longer need to follow the scheme requirements ÌýÌý

For example, changing land from grassland back to arable or changing a grazing regime may lead to:ÌýÌý

• spraying off and cultivation of permanent pastureÌý
• increased stocking levelsÌý
• a longer grazing periodÌý
• the use of supplementary feedingÌýÌý

Minor and temporary adjustments (MTAs)Ìýduring a scheme

If you need to make changes mid-term this may require a screening decision. For example, if you need to spray injurious weeds in priority habitat part way through a scheme agreement.

When you need a screening decision for biodiversity net gain

You may require a screening decision to create or improve natural habitats on uncultivated or semi-natural land that will be registered and sold for biodiversity net gain (BNG) purposes. This includes activities that will:

• increase the agricultural productivity of the land, even if temporarily
• restructure the land for BNG purposes, when the proposal is equal to or exceeds one of the thresholds outlined in ‘When to get a screening decision’

Landowners should check if they need a screening decision before registering their land as a BNG site.

If your BNG proposal does require a positive screening decision to go ahead, you must apply for this separately before registering the land as a BNG site. The process of registering land as a BNG site is not an alternative to a screening decision assessment and does not include necessary assessment under EIA (Agriculture) Regulations.

Find out more about biodiversity net gain.

If you are unsure if you need a screening decision for BNG purposes, contact Natural England for advice.

Apply for a screening decisionÌýÌý

If you need to apply for a screening decision, this is the first step of a potentially 2-step application process.ÌýÌý

Natural England will decide if your project is:ÌýÌý

• not likely to significantly affect the environment and give you approval to begin the workÌý
• likely to significantly affect the environment and tell you that you need to apply for consent if you want to go ahead Ìý

A screening decision applies for 3 years from the decision date. After 3 years, if the work has not started, you’ll need a new screening decision.ÌýÌý

If you receive a Screening NoticeÌýÌý

Natural England issues a Screening Notice if you meet 3 criteria:Ìý

• it believes you’re likely to carry out a project on uncultivated land, a semi-natural area or rural landÌý
• the project is below the minimum threshold that requires you to apply for a screening decisionÌý
• the project is likely to have a significant effect on the environmentÌý

If you receive a Screening Notice, you must apply for a screening decision to change the management practices on the land or restructure the land before you make the change.Ìý

Failure to comply with a Screening Notice is an offence.Ìý

A Screening Notice applies for up to 5 years. After 5 years, if Natural England believes there is still risk to the site, it may issue another Screening Notice.Ìý

Changing uncultivated, semi-natural and rural land without permissionÌýÌý

If Natural England receives information to suggest that a restructuring or uncultivated land project has taken place without a positive screening decision, it may:Ìý

• inspect your land
• consider enforcement options Ìý

Stop NoticeÌý

Natural England may issue a Stop Notice if you start work without the necessary screening decision or consent decision.ÌýÌý

If served with a notice, you must stop work immediately. Failure to comply with a Stop Notice is a criminal offence, with a potentially unlimited fine on conviction.Ìý

Remediation NoticeÌý

Natural England may issue a Remediation Notice if you complete work without the necessary screening decision or consent decision and restoration is required.Ìý

If served with a notice, you must either:ÌýÌý

• return the land to the condition it was in before the projectÌý
• take action required by Natural England to return the land to good environmental conditionÌý

Failure to comply with a Remediation Notice is a criminal offence, with a potentially unlimited fine on conviction.

Appeal against a Screening, Stop or Remediation NoticeÌý

If you want to appeal against a notice, you must do this within 28 days of the date of notice and:

• include a copy of the notice
• state the grounds for the appeal

Send your appeal to the Secretary of State for Environment, Food and Rural Affairs at:Ìý

Email eia-appeals@defra.gov.ukÌýÌý

Contact Natural EnglandÌýÌý

For more advice contact:Ìý

Email eia.england@naturalengland.org.uk
Freephone 0800 028 2140