Rural Affairs

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Section 1 - Introduction and General Information

1.1 Background

1.1.1 What is Environmental Stewardship?

Environmental Stewardship (ES) is a new agri-environment scheme which aims to secure widespread environmental benefits. The scheme has three elements:

  • Entry Level Stewardship
  • Organic Entry Level Stewardship
  • Higher Level Stewardship

Entry Level Stewardship (ELS) is a 'whole farm' scheme open to all farmers and land managers with conventional land. Acceptance will be guaranteed providing you can meet the scheme requirements. If you have a mix of conventionally and organically farmed land, or all your land is farmed organically, you should apply for OELS (see below).

Organic Entry Level Stewardship (OELS) is a 'whole farm' scheme similar to ELS, open to farmers who manage all or part of their land organically and who are not receiving aid under the Organic Aid Scheme (OAS) or the Organic Farming Scheme (OFS). 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: this is available from your Rural Development Service (RDS) office.

Higher Level Stewardship (HLS), which will be combined with ELS or OELS options, aims to deliver significant environmental benefits in high priority situations and areas. HLS is discretionary and concentrates on the more complex types of management, where land managers need advice and support and where agreements need to be tailored to local circumstances.

Entry or Organic Entry Level Stewardship is generally a pre-requisite of Higher Level Stewardship. In the Higher Level handbook we refer to 'ELS' or 'OELS' in those instances where there are common links to both ELS and OELS handbooks. If all your land is conventional, you will need to refer to your ELS handbook. If you farm both organic and conventional land, you will need to refer to your OELS handbook which explains the application procedures for both types of land.

Where there is a unique issue relating to either ELS or OELS that you need to be aware of within HLS, we will direct you to the appropriate section in the relevant handbook. You must read the relevant ELS or OELS handbooks before applying for HLS.

1.1.2 What are the aims of Higher Level Stewardship?

The five primary objectives of Higher Level Stewardship are:

  • Wildlife conservation
  • Maintenance and enhancement of landscape quality and character
  • Natural resource protection
  • Protection of the historic environment
  • Promotion of public access and understanding of the countryside

There are two secondary objectives where spin-off benefits are sought from management designed to achieve the five primary objectives. These are:

  • Flood management
  • Conservation of genetic resources
1.1.3 Do I need to join Entry Level Stewardship?

The full benefits of Environmental Stewardship will usually only be achieved when ELS or OELS options are combined with the more demanding HLS options. You will normally have to apply for both elements of the scheme which will then be combined into a single agreement. Very occasionally there will be sites for which ELS or OELS options are not available, such as:

  • Coastal and inter-tidal habitats
  • Lowland heathland

If your holding is made up largely of these types of habitat, and you believe you would not be eligible for ELS or OELS options, you should discuss this with your RDS adviser before completing the application form. In such exceptional cases it will be possible to apply for HLS alone.

1.1.4 How does the scheme work?

Your Environmental Stewardship agreement will include a mix of ELS or OELS and HLS management options.

The HLS options are designed to contribute to one or more of the five primary objectives and will normally only be suitable for land that is of significant environmental interest. These objectives are broken down into regional targets and more details can be found in the targeting statement included in your application pack. To determine which management options are most suitable for your land, you will need to carry out a formal assessment of the features on your land (these features are listed and defined in section 4 of the Farm Environment Plan handbook). This assessment will recommend suitable HLS options for these features. The remaining areas of your land are more likely to be suitable for ELS or OELS options.

You then need to decide which of the ELS or OELS, and HLS, land management options you wish to apply for. If your application passes an initial assessment by RDS, an adviser will visit to discuss the management options with the aim of agreeing the details of your ten year agreement. Once you have signed the agreement, you will receive a payment every six months based on the management options which you have agreed to follow. In addition to the land management options, you can apply for funding towards a range of capital works through a Capital Works Plan (see section 5). This can be done as part of the initial application process and at intervals during the life of your agreement.

1.1.5 What payments will I receive?

You will be paid according to the type of work you enter into the scheme. Once accepted into HLS, you will receive a payment every six months from the start of your agreement for its duration. This will include payment for the ELS or OELS element of your agreement. Each six monthly payment will be half of your annual management payment for that year. The first half of your annual payment will be made automatically. Towards the end of each agreement year, you will be sent a claim form. This needs to be completed and returned to enable the second half of your payment to be made. If you fail to return the claim form, you will receive no further payments.

Subject to section 9.5, the payment rates set out in your agreement will apply for the first five years of your agreement. If there have been any relevant changes to payment rates following a payment review, these will apply for the remaining period of your agreement.

As a result of a payment review, payments may go up or down or stay the same.

For details of all the payment rates please see the leaflet included at the back of this handbook. Also, section 5.7 has more information on payments for capital works.

1.1.6 What will I be required to do?

In applying for, and being accepted into, HLS you will be agreeing to:

  1. identify, map and retain your Farm Environment Record features and deliver your ELS or OELS options in accordance with the requirements of the appropriate handbook
  2. deliver the HLS management requirements as set out in your agreement document
  3. adhere to all the scheme terms and conditions contained in this and the appropriate ELS or OELS handbook and, in particular, to follow Good Farming Practice throughout your farm and to comply with the additional requirements contained in section 7 of this handbook and section 5 of the ELS or OELS handbook.
1.1.7 How long will my agreement last?

Your agreement with Defra, which will include ELS or OELS options and HLS options, will be legally binding. It will usually run for ten years and you will be expected to fulfil your obligations for the full term of your agreement. Very occasionally, there will be sites where a 20 year agreement is more appropriate. RDS will be able to advise you on the relevant options where this will apply.

Generally, either party may withdraw from the agreement at the end of the fifth year, without penalty. Notice to withdraw must be given in writing at least one month before the end of the fifth year. You will be in breach of your agreement and will incur a penalty if you withdraw at any other time.

1.1.8 Will advice be provided during my agreement?

Your RDS adviser will visit you at intervals during the life of your agreement, so that we can discuss the progress of the various management options with you. This will provide an opportunity for all parties to reflect on whether the management is achieving what we are aiming for and to consider the need for any adjustments to the agreement. We can also discuss the requirements for including additional capital items in a new Capital Works Plan. In the course of these visits, we will collect basic data on the results of management being undertaken which will allow us to assess the contribution your agreement is making toward Government targets for agri-environment schemes.

You can, of course, contact your RDS adviser at any time, for further information.

1.1.9 Will details of my agreement be made public?

Please refer to section 1.1.7 of your ELS handbook or section 1.1.12 of your OELS handbook.

1.2 Who can apply?

Higher Level Stewardship is open to all farmers and land managers who are one of
the following:

  • Freehold owners
  • Tenants
  • Contractual licensees
  • Graziers with rights over common land

You must normally have management control of the land for the entire ten year period of the agreement. If not, you can make a countersigned application with the person who undertakes to carry on your agreement if your management control of the land ceases. Further guidance on countersigned applications is provided at section 1.2.3 of the ELS or OELS handbooks. If neither of these requirements is possible, please contact your RDS office (see appendix 2).

Please note that this and subsequent sections of the HLS handbook refer to the land. 'Land' for the purpose of HLS is all the land and associated field boundaries registered on the Rural Land Register (RLR) that are farmed as one business enterprise in England (or, if you have a mix of conventional and organic land, as two separate business enterprises) and which are included in a single application. Your application may include land registered under more than one holding number.

Land entered into scheme options must be agricultural or part of the farmed environment. In exceptional cases (e.g. on some SSSIs), vulnerable non-agricultural land which would benefit from protective management under HLS, could be eligible for an agreement. You should discuss the eligibility of such land with your RDS adviser before making your application.

1.2.1 Registering my land on the Rural Land Register

Please refer to section 1.2.1 of your ELS or OELS handbook.

1.2.2 What is an RPA 'vendor number'?

Please refer to section 1.2.2 of your ELS or OELS handbook.

1.2.3 Has a Farm Environment Plan been carried out?

All HLS applications must be supported by a Farm Environment Plan (FEP). This will identify the features on your farm, their condition, and provide a guide to the most appropriate management options. If an application is received without a FEP, it will be rejected.

For further information on the FEP, its importance and how it is to be prepared and paid for, please see section 2 of this handbook. Full details are set out in the FEP handbook.

1.2.4 What if I do not own some or all of the land?

Please refer to section 1.2.3 of your ELS or OELS handbook. However, under HLS, you must have management control for the ten years of the agreement.

Even where, as a tenant, you have control of the land for the ten years, you will still need to inform your landlord that you intend to enter Environmental Stewardship and you will also need to insert their details at part 13 of your application form. If, according to the terms of your tenancy agreement, you need your landlord's consent, then their signature is required on your application form to confirm that they have given it.

1.2.5 Partnerships and trusts

Please refer to section 1.2.4 of your ELS or OELS handbook.

1.2.6 Is common land eligible?

There are many valuable features and habitats found on common land and we welcome applications from those who have grazing or other relevant rights over the land, including the owner of the common. We can enter into an agreement with an association or person representing most commoners with grazing rights, but we would hope that as many as possible would be involved. However, we will normally only enter into such an agreement where we are satisfied that the delivery of the management options is unlikely to be compromised by the actions of someone not represented by the signatory to the agreement.

Guidance on applying for HLS agreements in relation to common land is available from your RDS office. RDS will also provide a Common Land Supplementary Application form to assist an association or person wishing to apply for such an agreement, to collect signatures from other commoners who support their application. The sole purpose of this form is to satisfy RDS that the applicant has the support of enough other commoners that they will be able to comply with the management requirements of any agreement they enter into. The signature form will not be legally binding and it will not form part of the agreement. It is important to understand that the association or person signing the HLS agreement takes full responsibility for compliance with its terms. The commons signature form does not alter this in any way, as it neither transfers responsibility for the performance of the agreement to the people who sign the commons signature form, nor does it diminish the responsibility of the association or person signing the agreement. If a common is not brought into an HLS agreement, individual commoners can still enter their non-common land into HLS and receive payment for it provided that they also agree not to increase the level of stocking on common land. In view of the special requirements relating to common land, you should consult your RDS adviser before applying to include it in an agreement.

1.2.7 What if others hold rights over my land?

Please refer to section 1.2.6 of your ELS or OELS handbook.

1.2.8 What if the land I farm is owned by the Crown, a local authority or another Exchequer funded body?
Arable reversion land in Countryside Stewardship
Photo of species-rich grassland

Land owned and managed by Government Departments, Executive Agencies and Non-Departmental Public Bodies cannot be entered into HLS.

Other public bodies, including local authorities, National Park Authorities and Public Corporations, are eligible for HLS provided the work is not already required as part of their conservation responsibilities.

If you are an agricultural/farm business tenant of a public body, with security of tenure for the length of the agreement, you will be eligible for HLS provided the application does not include any environmental management which is a condition of your tenancy, or is already required as part of the conservation responsibilities of your landlord. It is your responsibility to ensure there is no overlap between your obligations as a tenant and any HLS management requirements. Ask your RDS adviser if you are uncertain.

1.2.9 What if I have another scheme or obligation on my land?

As a general rule Defra cannot pay you for management you are required to do under an existing scheme or obligation. Specific guidance on what to do if you have another scheme or obligation on your land is provided in section 6 of this handbook. You should also read section 4 of your ELS or OELS handbook in order to see if any of the guidance provided there also applies to you and your land.

1.3 How do I apply?

1.3.1 How do I submit my application?

Before you apply for HLS you must first read either your ELS or OELS handbook. Then you must ensure that all the land you intend to enter into the scheme is registered on the RLR (see section 1.2.1 of your ELS or OELS handbook). If you have not received a pre-filled application form and maps, please follow the instructions on the inside front cover of your ELS or OELS handbook to obtain the necessary documentation.

You must then prepare a Farm Environment Plan (FEP) (see section 2) based on your Farm Environment Record (FER) (see section 2.3.2 of your ELS or OELS handbook).

Choose your ELS or OELS options and, after taking into account the recommendations from the FEP and your local targeting statement (see section 1.3.4), choose your HLS options (see section 4 and appendix 1). Make sure that these are compatible with your chosen ELS or OELS options. Mark them all on the relevant option map. Choose your capital items (see section 5) and mark these on your HLS options map.

Having submitted your application by post we will, in most cases, arrange a visit so that we can discuss the content of yourproposed agreement (see section 1.3.4).

1.3.2 Can an agent act on my behalf?

Please refer to section 1.3.9 of your ELS handbook or section 1.3.10 of your OELS handbook.

1.3.3 When should I send in my application and when will my agreement start?

Once you have completed your application form and the supporting annexes, marked up your maps, and attached the relevant supporting documents, including the FEP and certificates of organic registration (where applicable), send it by post to your RDS office. At present you cannot apply for HLS using the internet. You can apply at any time but, if you want to be sure of a particular agreement start date, you will have to submit your application by the deadline for that start date.

For 2005, the agreement start dates, and corresponding application deadlines, are shown below:

Higher Level Stewardship (HLS) start dates 2005
Application deadline Agreement start date
31 July 2005 1 November 2005
30 September 2005 1 February 2006
31 December 2005 1 May 2006

For 2006 and following years, the agreement start dates, and corresponding application deadlines, are shown below:

Higher Level Stewardship (HLS) start dates 2006
Application deadline Agreement start date
30 September 1 February
31 December 1 May
31 March 1 August
30 June 1 November

We will acknowledge receipt of your application and give you a reference number for future correspondence.

1.3.4 How will my application be assessed?

Defra, in discussion with other Government agencies, has outlined the key characteristics of the different parts of the English countryside, by defining over 150 Joint Character Areas; your land will be covered by one of these areas. Each area has priority targets for the management of a variety of features. These targets have been agreed with help from local organisations. A targeting statement relevant to your area is included with your application form.

All HLS applications will be scored directly against these targets. Those applications which meet or exceed a pre-determined threshold will receive a visit from an RDS adviser and you may then be offered an agreement. You should ensure that any features identified in your FEP, which are also a target in your area, are included in your application. If your application does not address the relevant priority targets for your area, it will be rejected.

If applications do not include satisfactory management of Sites of Special Scientific Interest or Scheduled Monuments (where applicable), they will be re-negotiated or rejected regardless of their score. Applications that miss opportunities to manage targeted features may also be rejected or re-negotiated. In addition, there will be no advantage in including in your application large amounts of extra management options that do not address the scheme targets for your area.

1.3.5 Am I guaranteed an agreement?

Submitting an HLS application does not guarantee that you will be offered an agreement. Because funds for HLS are limited, agreements have to be allocated where they are likely to achieve the most environmental benefit for the countryside. Your application will be subject to a scoring process as described above and, in addition, it will need to represent good value for money.

If your application passes an initial assessment, an RDS adviser will contact you to discuss it with you and to arrange a visit to your land. Following the visit, alterations may be requested to help to improve the way in which your application will achieve the priority targets. If you do not then wish to proceed, you may withdraw your application but please confirm this, in writing, with your local RDS office as early as possible to avoid unnecessary work. If you want to make any changes, please tell your RDS office as soon as possible.

1.3.6 What happens if my application is accepted?

If your application is accepted, subject to any changes agreed with your RDS adviser, you will be offered an agreement. You will need to sign and return this, usually within 14 days of receipt. The agreement does not come into force until all parties have signed it.

1.3.7 What should I do if I have already sown my crops?

Please refer to section 1.3.10 of your ELS handbook or section 1.3.12 of your OELS handbook. When deciding on your agreement start date, you should consider any changes that you may have to make to your farming system and, in particular, your existing cropping and set-aside commitments.

1.3.8 What if my application is unsuccessful?

If the HLS part of your application does not meet our scoring threshold, this part of your application will be rejected. We will tell you if your application has not been successful and explain why. If this happens, you will have three choices (as set out in the application form):

  • Withdraw your entire application and continue with your existing ELS or OELS agreement (if you already have one).
  • Proceed with just the ELS or OELS part of your application.
  • Withdraw your entire application and re-submit one at a later date.

If you are unsuccessful, you may submit a written representation to us. Your case will then be reviewed.

1.3.9 Do I need consent from anyone?

If your land includes a designated area or Scheduled Monument, you will require formal consent from the relevant body before carrying out any works which would affect the designated area. Once your application has been received, your RDS adviser will discuss any proposals with the relevant body before you are offered an agreement. If you have already started this process any correspondence or an 'in principle' approval should be submitted with your application, as this will speed up the processing of your application.

In many situations, the relevant body will have to give consent before an HLS agreement can be offered and in all cases it is your responsibility to ensure that you have the necessary consent before starting any work. Further information is set out below.

Sites of Special Scientific Interest

For Sites of Special Scientific Interest (SSSIs), English Nature (EN) can give advice and help, so you should discuss your proposals with them before applying. Once you have applied, your RDS adviser will copy your application to EN's local office for them to highlight any special wildlife considerations to be taken into account. Local EN officers may visit your land with your RDS adviser. They must give their consent before you sign the agreement to ensure that it delivers 'favourable condition'. Your RDS adviser will explain the consent process to you.

The Wildlife and Countryside Act 1981 places new responsibilities on publicly funded bodies ('section 28G authorities') for the management of SSSIs. If you are applying on behalf of such a body, you should contact your RDS adviser before applying.

This hill fort is designated as a Scheduled Monument
A photo of sheep grazing on the remains of an ancient hill fort
Scheduled Monuments

There are special arrangements for Scheduled Monuments (SMs) on your land. The English Heritage (EH) Field Monument Warden can give you advice and your RDS adviser will consult EH once you apply. You may need Scheduled Monument Consent from EH for some work. EH can tell you if the proposed works are likely to be acceptable.

Work affecting water

You will need Environment Agency (EA) or Internal Drainage Board consent for management that will affect watercourses. This includes work both to and within 8 m of a watercourse or work within the flood or coastal plain. For example, the installation of sluices to raise water levels, or excavation works such as ponds or scrapes, may require land drainage consent or an abstraction licence.

Work on trees and hedges

You may need permission for work on trees that are subject to a Tree Preservation Order, for instance during hedgerow restoration. Ask your local authority Tree Officer. If you are removing trees, or managing overgrown hedges, and you are removing more than 5 m3 of timber, you may need a Forestry Commission Felling Licence.

Listed buildings

If any works are proposed to listed buildings, you will need to discuss the proposals with your local authority Conservation Officer who will advise if listed building consent is required.

Conservation Areas

Conservation Areas are 'areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance'. These can include rural landscape areas as it may be the special qualities and interest of the area that leads to designation as well as individual buildings in the built environment. Conservation Area status may imposeadditional restrictions on carrying out work and remove some permitted development rights on agricultural holdings. The Local Planning Authority must be consulted if any part of the holding is located within a Conservation Area and particularly if any work is proposed to trees or buildings.

Planning permission

Most routine agricultural operations do not require planning permission either because they are not regarded as 'development' under planning legislation, or because they are 'permitted development' which is 'reasonably necessary' for agriculture. For some activities, e.g. the creation of new ponds, the planning requirements may not be straightforward. Your Local Planning Authority should give you informal advice as to whether your proposals are either permitted development or require planning consent. You are therefore encouraged to contact them at an early stage if you are unsure whether the activity requires planning consent. 'A Farmer's Guide to the Planning System' is available from your RDS office.

National Parks

If your land is in a National Park, you are advised to contact the National Park Authority who can provide advice and information about making the best of the environmental interest on your land as part of your application. They are also the relevant authority for many of the above issues.

1.3.10 Will Defra discuss my application with anyone else?

Yes, when it helps to assess your proposals, and particularly if specialist advice is needed. If your land is in a National Park, we will work closely with the relevant National Park Authority in delivering your agreement. Highways authorities are consulted on new access proposals and advice on historic features is sought from county archaeologists. Your RDS adviser may also seek the views of local specialists such as a county wildlife trust or local authority countryside staff when assessing your application.

1.3.11 The Environmental Impact Assessment Regulations

The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 2001 seek to protect environmentally important land from agricultural intensification. Land likely to be subject to these regulations includes uncultivated and/or semi-natural grassland, heathland, moorland, scrub and wetlands. The type of agricultural operations ('projects') covered include ploughing, cultivation, digging, scraping, draining, liming, spreading soil or manure, and increased application of fertiliser.

Under these regulations, anyone proposing to carry out a relevant project on uncultivated land or semi-natural areas must apply to Defra for a screening decision (which usually takes up to 30 days). In many cases, the decision will be that the project is not likely to have a significant environmental impact, so it may proceed. But if a project is likely to have a significant impact (e.g. if it may damage valuable semi-natural habitat), the applicant must prepare an environmental statement and apply for consent before the project can go ahead.

When applying for HLS, you should be aware of these regulations, which aim to protect some of England's most valuable environmental assets from intensive agriculture. Some HLS options are specifically designed to restore or create valuable habitats, e.g. arable reversion to species-rich grassland. In entering these options you should assume that the change is permanent, because at the end of your ten year agreement the land may well be subject to the regulations. If the management has been successful and the land has reached a high level of environmental significance, these regulations may not allow it to be returned to intensive agricultural use, although you may be able to re-enter it into a further agri-environment agreement.

For other options e.g. field margins which are not seeking to re-create semi-natural habitats, this is very unlikely to be a constraint. Further information is available from www.defra.gov.uk/environ/eia

The Environmental Impact Assessment (Forestry) (England & Wales) Regulations 1999 seek to protect land from potential environmental damage as a result of forestry activity. There are four forestry activities that come under these regulations - afforestation, deforestation, forest roads and forest quarries. The first two activities are most relevant to Environmental Stewardship.

Mature woodland in the Yorkshire Dales
Photo of some mature trees

Under these regulations, afforestation (woodland creation) or deforestation (conversion of woodland to another land use) proposals require consent from the Forestry Commission. Threshold areas exist below which consent is not normally required; the threshold varies depending on type of forestry activity and the sensitivity of the site.

The HLS options most likely to fall under these regulations are woodland creation and restoration of heathlands, though other options involving tree planting/felling may also apply. If in doubt, contact your local Forestry Commission office for advice.

Further details of these regulations are available in the Forestry Commission booklet 'Environmental Impact Assessment of Forestry Projects', which is also available on the Forestry Commission website.

Page last modified: 30 June, 2005
Page published: 3 March, 2005

Department for Environment, Food and Rural Affairs