Defra

4.1 Single Payment Scheme (SPS)

Land receiving payments from the Single Payment Scheme (SPS) may be entered into ELS. Your ELS payment will be in addition to any payment you receive for SPS.

4.1.1. Cross compliance management and ELS options

ELS options have been designed to go beyond the SPS cross compliance requirements. However, you should follow the procedure below when you are measuring your ELS hedge, ditch and buffer strip options to make sure you comply with both ELS and cross compliance requirements.

SPS cross compliance conditions include a requirement to maintain 'protection zones' by not cultivating or applying fertilisers, manures or pesticides to land within 2 m of the centre of a hedgerow or watercourse. This requirement also applies to all land within 1 m of the top of the bank of a watercourse.

Hedge and ditch options (EB1 to EB3 and EB6 to EB10) have been designed to be compatible with this cross compliance requirement. If you choose to do these options you must follow the option rules laid out in this handbook. The SPS 'protection zone' requirement for cross compliance is incorporated within the option rules.

Buffer strip options (EE1 to EE6) must not overlap with the cross compliance 'protection zones' (i.e. the ELS buffer strip must start 2 m from the centre of the hedge or at least 2 m from the centre of the ditch).

If you are locating your ELS buffer strip next to a hedge which extends further than 2 m from the centre, it is acceptable for part of your ELS buffer strip to be covered by the hedge, provided the land would otherwise be eligible as a buffer strip.

For full details of management requirements for SPS cross compliance please refer to your 'Single Payment Scheme Cross Compliance Handbook for England'.

• Option EF3: Wild bird seed mixture on set-aside land.
• Option EF5: Pollen and nectar flower mixture on set-aside land.
• Options EM1, EM2, EM3 and EM4: All management plan options.
• Options EB1, EB2, EB3, EB6, EB7, EB8, EB9 and EB10: All options that incorporate uncultivated land as part of hedge and/or ditch management requirements.

4.2 Countryside Stewardship Scheme (CSS)

If you already have a Countryside Stewardship Scheme (CSS) agreement covering some of your land, you may still be able to apply for ELS on the land which is not under CSS agreement. You should follow these instructions to determine which fields should be included in your application:

1. If a CSS option covers the whole field, the field concerned should not be included in your application. This means that you can do one of the following:
   • Ask RDS to delete the relevant field parcel number before sending you your pre-filled application form; or
   • if you already have your pre-filled application form, cross out the relevant field parcel number on your field data sheet and on your application maps. You must then adjust your points target accordingly (see section 2.3.1 of this handbook for detailed instructions on how to delete land parcels from your pre-filled application form). If you need to delete several parcels, you may prefer to ask RDS for a new set of forms and application maps.
2. If the CSS option only covers part of the field (e.g. grass margins), you must include the whole field parcel in your application, but, in order to avoid being paid twice for the same thing, you must not locate any ELS options on top of any of your CSS options. This rule does not apply to ELS management plan options; they may be applied to all land included in your application, provided the land meets the eligibility criteria for the management plan concerned.
3. Land in CSS rotational options should be included in your application, but you must make sure that each year there is no overlap of CSS and ELS options on the ground.
4. For boundary features (e.g. hedges), you can locate ELS boundary options on boundaries which are being funded by CSS (this is because the two schemes are paying for different things).

4.3 Environmentally Sensitive Areas (ESAs)

If you have a whole farm ESA agreement, you cannot apply for ELS on this land until your ESA agreement has come to the end of its term. If you have land which is subject to a part-farm ESA agreement you should follow the instructions a) to c) for CSS agreements (above). However, ELS options (including boundary options) may not be located within the area covered by the ESA agreement, although ELS boundary options may be located along boundaries which divide the ESA area from the ELS area.

4.4 Organic Aid/Organic Farming Scheme (OAS/OFS)

If you have any land which is in the OAS or OFS, this is not eligible for ELS or OELS. However, transitional arrangements are in place to allow existing OFS agreement holders to transfer into OELS in certain limited circumstances.

If any part of your farm is registered with an Organic Inspection Body, you should apply for OELS rather than ELS. To apply for OELS you will need a separate OELS application pack. [Further information]

4.5 Energy Crops Scheme (ECS)

If you have land in the ECS it can count towards the area used to calculate your points target and associated payment. However, ELS options must not be located within land parcels covered by the ECS agreement. Boundaries surrounding ECS parcels may be entered into ELS boundary management options.

4.6 Farm Woodland Premium Scheme (FWPS), Farm Woodland Scheme (FWS) Woodland Grant Scheme (WGS) and the English Woodland Grant Scheme (EWGS)

Woodland under long term FWPS, FWS or WGS agreements (all of which are now closed to new applicants), can count towards the eligible area for ELS. Woodland covered by an EWGS agreement can also count towards the eligible area for ELS, but you must make sure that there is no overlap between your ELS options and any management you are required to do as part of your EWGS grant.

4.7 Hill Farm Allowance (HFA)

Land on which you are claiming HFA is eligible to count towards your points target, and you may put management options on HFA land.

4.8 Other land management schemes on my land

If you receive payments from other agri-environment schemes or have similar commitments on the land, for instance, as part of an English Nature management agreement (including the Wildlife Enhancement Scheme) or an English Heritage management agreement, such land is not eligible for ELS. You will have to exclude the land parcels concerned from your application and you will not be able to put ELS options on any of the land parcels covered by these other agreements. It is your responsibility to ensure that these land parcels are not included in your application.

Other designated land (e.g. Sites of Special Scientific Interest or Scheduled Monuments) which is not receiving payment is eligible for ELS, but you must keep to the required management of the land concerned, and there must be no conflict with your ELS management.

4.9 Inheritance/Capital Gains Tax exemption

Land conditionally exempt from inheritance tax, or designated as the object of a maintenance fund by Inland Revenue, is normally eligible for ELS. However, you must not claim for work that is a formal requirement of the undertakings agreed with Inland Revenue. You will therefore need to look carefully at the relevant ELS options that are available for this land to ensure that you do not include such work in your application.

You should keep a copy of a map on which you have clearly marked the boundary of any exempt or designated land, and be prepared on subsequent compliance inspection to be able to demonstrate on a parcel-by-parcel basis how the selected ELS options do not overlap with your existing undertakings. Please note that it is your responsibility to ensure that your application meets these scheme rules.

A leaflet, 'Guidance note on Environmental Stewardship for heritage properties designated under the Inheritance Tax Act 1984' provides more detailed information for owners of inheritance tax exempt properties and their advisers. You can obtain this leaflet from your RDS office, and it is available to download[103KB].

4.10 Farm assurance schemes and the Pesticide Industry Voluntary Initiative

If you are already taking part in one or more farm assurance scheme or the Voluntary Initiative, this will not affect your eligibility to apply for the scheme. Hopefully you will find it easier to accumulate points towards your target as a result of the management you are already following. This is particularly the case for assurance schemes which aim for improved environmental standards, such as the Linking Environment And Farming (LEAF) Marque.

4.11 Nitrate Vulnerable Zones (NVZs)

If you are in an NVZ, you must make sure that you are fully aware of the mandatory NVZ Action Programme rules. These rules apply to the way you manage your land to minimize the risk of diffuse nitrate pollution. If your land is within an NVZ, it is your responsibility to ensure that you can meet the rules of both schemes. Where the rules overlap you must meet those that are the most demanding. For further information on the Action Programme measures and detailed maps of NVZ locations, you can log on to the following website: www.defra.gov.uk/environment/water/quality/nitrate/.

4.12 Other obligations

You must make sure there are no other duties or obligations on you or the land that would conflict with your ELS agreement.

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Department for Environment, Food and Rural Affairs