Regulatory issues and consents that could affect you and the land in an SFI agreement
Find out how regulatory issues and consents could affect your SFI agreement.
Applies to England
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 an SFI agreement’s 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 you’ll 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 you’re able to do on that land
- whether you need to get consent before you enter the land into an SFI agreement
Historic and archaeological features, including scheduled monuments
If you’re 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 you’ve previously obtained a HEFER for an SFI 2022 standards agreement or a CS agreement.
An SFI HEFER tells 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 you’ve registered, enter your single business identifier (SBI). You’ll be sent an email when the SFI HEFER is 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 your SFI 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 an SFI agreement, read more about:
- scheduled monuments, as you may need consent from Historic England
- works in a conservation area, which may need consent from your local planning authority
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 you’ll 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 you’ll 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 England’s consent on an SSSI form and submit it to Natural England.
As soon as Natural England has received your completed Notice form, or you’ve already got a valid consent, Natural England will let the Rural Payments Agency (RPA) know and and they will offer your SFI agreement. If you’ve given Natural England notice, when your SFI agreement starts you must not complete any of the relevant SFI actions until it gives its consent.
Protected species
You may need a wildlife licence if any of the SFI actions you apply for may affect protected species. You can read more information at managing wildlife on your land. It is your responsibility to secure this consent before you complete the relevant SFI actions in your agreement.
Work affecting water
If you’re doing any work that may affect watercourses, you may need permission from the Environment Agency, or the relevant internal drainage board or local authority. It is your responsibility to secure this permission before you complete the relevant SFI actions in your agreement.
Environmental Impact Assessment (Agriculture) Regulations
The Environmental Impact Assessment (EIA) (Agriculture) Regulations protect uncultivated or semi-natural land from activities that may cause damage by:
- increasing that land’s agricultural productivity
- physically changing land parcel boundaries
You may need to apply for an ‘EIA screening decision’ before you change the use of rural land. For more information, read the guidance on Environmental Impact Assessment (Agriculture) regulations: apply to make changes to rural land.
It is your responsibility to follow this process if required, before you complete the relevant SFI actions in your agreement.
Last updated 1 January 2024 + show all updates
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Removed cross compliance requirements for England. Cross compliance no longer applies in England from 1 January 2024.
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Update to section 4.3.3. SSSI now reads: As soon as Natural England has received your completed Notice form, or you’ve already got a valid consent, Natural England will let the Rural Payments Agency (RPA) know and and they will offer your SFI agreement. This replaces '... and your SFI agreement will start'.
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Guidance updated on how to avoid taking soil samples on any area of land containing historic or archaeological features identified on a HEFER.
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First published.