EIA required or not to plough?

[tinedriller]

Field has been grass since the 1970's that I want to put into arable;

Opinions, advice and experience appreciated, had hoped to put it down on this years BPS as arable, but if EIA required there's no time.

 

[David.]

Get your agronomist to file an assessment of the fact that there is plenty of rye grass present, have spray and fert records available and crack on, without interfering in any way with "archaeology".
Is what I would do. Buy I wouldnt have gone to NE first, because I expect they would like you to think everything needs an EIA.

 

[Badshot]

Unless you have records showing the fert and chemical use I'd go with the eia.
I had it done on some fields a few years ago, couple ne ladies came out on a jolly, spent the day walking the fields.
More interested in the hedges than the field.
No problems, now arable, and no worries about being caught out

 

[tinedriller]

Get your agronomist to file an assessment of the fact that there is plenty of rye grass present, have spray and fert records available and crack on, without interfering in any way with "archaeology".
Is what I would do. Buy I wouldnt have gone to NE first, because I expect they would like you to think everything needs an EIA.

Yes first mistake was asking NE advice.

 

[tinedriller]

Unless you have records showing the fert and chemical use I'd go with the eia.

Have field records and diaries going back to the 70's. I told NE, they still said it was semi natural!?

 

[tinedriller]

The statutory legislation defines cultivation as:

cultivated” means cultivated by physical means (including ploughing and harrowing) or chemical means (including the application of fertilisers);

The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006

These Regulations implement Council Directive 85/337/EEC (O.J. No. L175, 5.7.85, p.40) on the assessment of the effects of certain public and private projects on the environment (as last amended by Directive 2003/35/EC (O.J. No. L156, 25.6.03, p. 17)) (“the EIA Directive”) in relation to two...

www.legislation.gov.uk

 

[Badshot]

Have field records and diaries going back to the 70's. I told NE, they still said it was semi natural!?

If you've the records to back you up then I don't see a problem.

 

[deleted user 837354]

If you have been fertilising it, spraying it, harrowing it, rolling it etc etc then get on and do whatever cultivation you like. They can't stop you. Agronomist can write letter saying species X,Y and Z are present and of little environmental interest.

Basically the legislation says, if you have ploughed it or fertilised or sprayed it for over 15 years you do not need to worry about an EIA. This would not constitute unimproved grassland or whatever the heck it is called. Of course, slurry and manure and lime applications count as improvement as well.

 

[Derrick Hughes]

Not wanting to sound like a dont know what , but those who claim stewardship should reap what they sow. Or put another way, Die by the sword and live by it
Have the penny and the bun

 

[tinedriller]

If you have been fertilising it, spraying it, harrowing it, rolling it etc etc then get on and do whatever cultivation you like. They can't stop you. Agronomist can write letter saying species X,Y and Z are present and of little environmental interest.

Basically the legislation says, if you have ploughed it or fertilised or sprayed it for over 15 years you do not need to worry about an EIA. This would not constitute unimproved grassland or whatever the heck it is called. Of course, slurry and manure and lime applications count as improvement as well.

I think what NE are trying to interpret it as, is you can have semi-natural land that is cultivated.

But if its 'cultivated' then it doesn't need an EIA.

I think you can have uncultivated land and uncultivated land that is semi-natural but cultivated land is... well, cultivated?!

 

[tinedriller]

Not wanting to sound like a dont know what , but those who claim stewardship should reap what they sow. Or put another way, Die by the sword and live by it
Have the penny and the bun

Totally agree, the mid tier application is residing in the bin!

It didn't touch the floor on its way in there!

 

[deleted user 837354]

I think what NE are trying to interpret it as, is you can have semi-natural land that is cultivated.

But if its 'cultivated' then it doesn't need an EIA.

I think you can have uncultivated land and uncultivated land that is semi-natural but cultivated land is... well, cultivated?!

It's not semi-natural- you have been spraying it and fertilising it. Is there going to be a wild rare butterfly latte sipper orchid in a pasture that has been sprayed and fertilised? No, it won't stand a chance, so you can do what you like with it.

 

[Tim Howard]

Subsoil it nice and deep, spray it off and just scratch the top for a seed bed, that's less noticeable than ploughing and once done it will be too late. (your not in Wales are you)

 

[ajcc]

So why do you think they like this piece of land? What is the archaeological feature? AONB, sssi, National Trust, wildlife reserve adjacent/involved at all in any shape or form??

 

[tinedriller]

So why do you think they like this piece of land? What is the archaeological feature? AONB, sssi, National Trust, wildlife reserve adjacent/involved at all in any shape or form??

None of the above, just some Roman road that is in the neighbouring field.

 

[Sid]

@kill

 

[ajcc]

So did your stewardship agreement have archaeology or historic features specifically scheduled on this field? Have any historic people had access to this field.
Don’t get me wrong you have every right in my opinion to work this ground imo.....but they are persistent pita people if you annoy them! Funnily enough I had another love letter this very day.

 

[tinedriller]

So did your stewardship agreement have archaeology or historic features specifically scheduled on this field? Have any historic people had access to this field.
Don’t get me wrong you have every right in my opinion to work this ground imo.....but they are persistent pita people if you annoy them! Funnily enough I had another love letter this very day.

On the field next door it did, which ironically is arable. The archaeology was found when the water board put a pipe through years ago, although is some distance from the line of the pipe.

@ajcc I've searched through old posts on the forum and see you're having a bit of an 'experience', it seems to me NE are putting there own interpretation on the statutory legislation which is just one persons or organisations take on it, of course they're the 'regulator' but the legislation is black and white. I think the EIA act 2006 and its ammendments in 2017 is not as strict as NE would like so they're just making it to suit there agenda.

 

[tinedriller]

So did your stewardship agreement have archaeology or historic features specifically scheduled on this field? Have any historic people had access to this field.
Don’t get me wrong you have every right in my opinion to work this ground imo.....but they are persistent pita people if you annoy them! Funnily enough I had another love letter this very day.

Had your field(s) been cultivated in the last 15 years?

 

[David.]

Just a thought but can you surface till or direct drill for this year, rather than subsoiling/ploughing it 9" deep
If anyone wants to try and make anything of it, they will soon do so, and it will open up a nest of vipers if you have pulled up an unexpected Roman mosaic floor.
I'd still crack on, NE love to fly a kite.