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Guidance: Regulatory issues and consents that could affect you and the land in an SFI agreement

Natural England

September 18
15:50 2023

This information explains some of the land-based regulatory issues and consents that may affect you and the land you enter into in your Sustainable Farming Incentive (SFI) agreement.

You must also comply with all the other legal requirements that apply to you and your land.

If anSFIagreements requirements conflict with any statutory requirements for the management of the land, you must comply with those statutory requirements.

What regulatory issues and consents to check

You should check if the land youll enter into your SFI agreement:

  • contains historic or archaeological features, including scheduled monuments
  • is in a site of special scientific interest (SSSI)

If the land is affected by either of these, this may affect:

  • what land you can enter into your SFI agreement
  • what youre able to do on that land
  • whether you need to get consent before you enter the land into anSFI agreement

Historic and archaeological features, including scheduled monuments

If youre entering an area within a land parcel into an SFI agreement that contains historic or archaeological features, including scheduled monuments, you must request a Sustainable Farming Incentive Historic Environment Farm Environment Record (SFI HEFER). You must do this even if youve previously obtained a HEFER for an SFI 2022 standards agreement or a CS agreement.

An SFIHEFERtells you about:

  • any known historic or archaeological features on your land, including scheduled monuments
  • how they affect the SFI actions

To request an SFI HEFER, register on the HEFER portal. Once youve registered, enter your single business identifier (SBI). Youll be sent an email when theSFIHEFERis available for you to download.

Completing SFI actions on land containing historic or archaeological features

Within any land parcel you must not enter any area containing historic or archaeological features, including scheduled monuments, into the following SFI actions:

  • SAM3: Herbal leys
  • NUM2: Legumes on improved grassland
  • IGL1: Take grassland field corners or blocks out of management

Where possible, you should avoid taking soil samples on any area of land containing historic or archaeological features identified on your SFI HEFER.

If you need to take soil samples on any area of land containing a non-designated historic or archaeological feature (a SHINE feature), a registered park or garden, or a registered battlefield identified on your SFI HEFER you should:

  • only take enough soil samples to meet the requirements of the relevant SFI action
  • carry out soil sampling to a depth of no more than 7.5cm on permanent grassland
  • carry out soil sampling to a depth of around 20cm (up to a maximum of 25cm) on arable land (including temporary grassland)

If you need to take soil samples on any area of land containing a scheduled monument to meet the requirements in yourSFI agreement, you must get consent from Historic England. You must not take any soil samples on this land until Historic England tells you it has given its consent.

You should also avoid doing the following on any area within a land parcel containing historic or archaeological features, including scheduled monuments:

  • grow deep rooted species of companion crop for IPM3 (companion crop on arable and horticultural land)
  • grow deep rooted legumes, such as lucerne, for NUM3 (legume fallow)
  • allow areas of scrub to develop

Find out more about consents for scheduled monuments and conservation areas

Before you enter land into anSFIagreement, read more about:

Sites of special scientific interest (SSSIs)

You must not enter any area within a land parcel containing an SSSI into SAM3 (herbal leys).

You can enter an eligible area within a land parcel containing an SSSI into the other SFI actions, but you must either:

  • give notice to Natural England this is because you need to tell Natural England what activities youll do to complete the SFI actions as we do not prescribe how to do them - and get its consent before you complete the relevant SFI actions on that area of land
  • already have a valid consent from Natural England which covers that area of land and the activities youll complete for the relevant SFI actions that consent must last for the duration of your 3-year SFI agreement

This must be the case for each SFI action you apply for on an eligible area containing an SSSI, apart from:

  • SAM1: Assess soil, produce a soil management plan and test soil organic matter
  • IPM1: Assess integrated pest management and produce a plan
  • NUM1: Assess nutrient management and produce a review report

If you need to give notice to Natural England and get its consent, you must complete the Notice of proposal to cause, carry out or permit an operation requiring Natural Englands consent on an SSSI form and submit it to Natural England.

As soon as Natural England has received your completed Notice form, or youve already got a valid consent, Natural England will let the Rural Payments Agency (RPA) know and your SFI agreement will start. If youve given Natural England notice, when your SFI agreement starts you must not complete any of the relevant SFI actions until it gives its consent.

Cross compliance

The cross compliance rules do not apply to SFI agreements.

You still need to meet any regulatory requirements that apply to you or your land. Being in anSFI agreement does not remove these requirements.

If you apply for the Basic Payment Scheme (BPS) or other rural payments which the cross compliance rules do apply to, you must follow those rules.

Protected species

You may need a wildlife li

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