Guidance

Applicant's guide: Higher Tier for agreements starting on 1 January 2022

Published 25 February 2021

Applies to England

Introduction

This scheme guidance has been developed for Countryside Stewardship agreements that will commence on 1 January 2022.

Agricultural Transition

We will continue to offer Countryside Stewardship agreements in 2022, 2023 and 2024.

Countryside Stewardship will eventually be replaced with the new Environmental Land Management scheme. This will follow trialling and testing and a national pilot involving farmers and land managers. The full Environmental Land Management scheme will be in place from 2024.

Signing up to a Countryside Stewardship agreement now will put you in the best possible position to join the Environmental Land Management scheme. What’s more it will give you a viable, long-term source of income for providing environmental benefits as BPS payments start to reduce. If you are successful in securing a place in the Environmental Land Management scheme, then you can terminate your Countryside Stewardship agreement early, without penalty, at the end of an agreement year so you can join the Environmental Land Management scheme.

Important information

Coronavirus (COVID-19)

You can read the latest information for farmers, landowners and rural businesses during the coronavirus (COVID-19) outbreak on GOV.UK.

Flexible application start dates

The Countryside Stewardship Higher Tier will be open for initial applications from 9 February to 30 April 2021. Agreements will start from 1 January 2022.

However, in response to customer feedback and in preparation for the Environmental Land Management scheme, we are considering introducing a flexible application window in 2021.

We’ll let you know about any changes as soon as we can, through our normal communication and social media channels.

As we cannot specify when a flexible window will be introduced, we strongly advise you to submit your application during the published fixed application deadline dates.

Scheme Changes for Countryside Stewardship agreements that commence on 1 January 2022

Countryside Stewardship agreements starting on 1 January 2022 will be made under domestic legislation. Any changes made in 2021 will only apply to new agreements starting on 1 January 2022.

Removal of greening requirements

From the 2021 scheme year, we have removed the greening requirement for Ecological Focus Areas under the Basic Payment Scheme (BPS) which had meant certain Countryside Stewardship options and actions could not overlap on the same parcels.

Air Quality options

We have introduced a number of new options to the scheme to help improve air quality, reduce ammonia emissions and improve water quality. Advice will be available from Catchment Sensitive Farming Officers to ensure these environmental actions are targeted to where they can best benefit priority habitats.

Uplands offer

We have expanded the eligibility criteria for the upland option UP2 (management of rough grazing for birds), enabling more land managers to access this option and further improving the upland offer. We have also introduced new wood pasture options in the uplands, at payment rates suitable for upland application, to help support the practice known as ‘re-wildling’.

Scheme approach

Taking pride in delivery of environmental aims

We will encourage you to promote delivery of environmental aims during your agreement – showing us where you have followed instructions, produced specific habitats or seen evidence of species on your land as part of your management of the options. We want to build pride in the Countryside Stewardship scheme and increase awareness of the public goods you will be providing for taxpayers and a healthy environment we all benefit from.

Environmental outcome site visits

During Higher Tier site visits, we will assess how the environmental aims are delivered under the options you have in your agreement. We will also check that you have carried out any specific requirements set out in your agreement.

You must follow any requirements for management options and adhere to any specifications for capital items and retain any records that are required to support your claim. You can find more details of the steps you need to take to meet management options, capital items or supplements by using ‘Countryside Stewardship grants’ (known as the ‘grant finder’) on GOV.UK.

Penalties will not be applied to new domestic agreements starting from 1 January 2022, however, in certain circumstances we may withhold payments or apply reductions.

• If we think there is an issue that can be resolved, we will offer advice and guidance.

• In some cases we may write to tell you what you need to do to improve, and we may also suspend your payments until you make the improvements. If appropriate, we may also offer you advice or guidance to help you meet the requirements of your agreement. Once you can demonstrate the improvements have been made we will pay you.

• If you do not fulfil your obligations under the agreement we will reduce or withhold your payment or seek recovery. In some cases, we may terminate your agreement, for example, if we find intentional non-compliance or fraud.

We may not check all of your agreement, especially where we find good practice and that you have met the environmental aims. However, we may look deeper if we find that requirements are not being met.

Recoveries and penalties

If there is a difference between the amount you have claimed and the amount you are due to receive, your claim will be reduced, once we have completed our checks. If we have already paid you, we will recover the difference. Additional penalties will not be applied but reductions will still apply to late payment claims.

More detailed guidance and communications with you

We want to help agreement holders meet their agreement and option requirements. To support this, we will provide regular and timely communications to farmers and land managers during the year, where the timing of particular activities is important, to help deliver the aims of options.

How we will address environmental outcome site visit review findings

The broad approach we will take to handling environmental outcome site visit review findings is below. We will provide more information and guidance on this during the course of the year.

• We will use the new simplified options to form the basis for environmental outcome site visit assessments with an increased focus on delivery of environmental aims.

• Where there is uncertainty about whether or not the environmental aims have been delivered, we will take into account any records or evidence you may have kept to demonstrate delivery of the environmental aims. This will include any steps you’ve taken to follow the requirements which you can find by using ‘Countryside Stewardship grants’ (known as the ‘grant finder’) on GOV.UK. It is your responsibility to keep such records if you want to rely on these to support your claim.

• In some cases we may write to tell you what you need to do to improve, and suspend your payments until you make the improvements. If appropriate, we may also offer you advice or guidance to help you meet the requirements of your agreement. Once you can demonstrate the improvements have been made we will pay you.

• If you do not fulfil your obligations under the agreement we will reduce or withhold your payment or seek recovery. In some cases, we may terminate your agreement, for example, if we find intentional non-compliance or fraud.

• We will update GOV.UK as soon as we have the details. It is your responsibility to make sure you review the updated information and guidance on GOV.UK. We will send you an agreement offer (if you are successful), which will direct you to any updated information on GOV.UK. You must read this before entering into your agreement.

More detailed guidance and communications with you

We will provide more detailed guidance and support on any changes made to help agreement holders meet their agreement and option requirements. We will provide regular and timely communications to farmers and land managers during the year, where the timing of particular activities is important, to help deliver the aims of options.

The Countryside Stewardship scheme

Countryside Stewardship is administered by the Rural Payments Agency (RPA) on behalf of the Department for Environment, Food and Rural Affairs (Defra). Natural England and the Forestry Commission provide technical advice in support of the scheme.

This manual explains what you need to do to apply for the Higher Tier elements of Countryside Stewardship.

It also explains the additional requirements and processes that you must follow for Higher Tier. Any references in this manual to ‘us’ or ‘we’, refer to RPA.

Countryside Stewardship Agreement

A Countryside Stewardship agreement comprises of:

1. the scheme Terms and Conditions at Annex 1

2. the Agreement Document (which sets out Agreement Holder specific details)

3. the supplementary documents referred to in the Agreement Document.

The Terms and Conditions at Annex 1 refer to the mandatory elements of this manual that Agreement Holders must comply with.

Mandatory parts of the Higher Tier Manual

The mandatory elements of the manual are:

• Section 3: Who can apply and what land is eligible

• Section 5: Scheme requirements and procedures

• Section 6: Agreement Management

• Annex 6: Common land (for common land and shared grazing applications only)

• Annex 6: Livestock record-keeping requirements on arable and grassland

For applications involving Woodland improvement and infrastructure (FY2): multi-year option (WD2) and capital items, Annex 5 sets out the procedure to follow when applying.

More information

Read about the different elements of Countryside Stewardship and use Countryside Stewardship forms on GOV.UK to help with your application.

1 Scheme overview

Countryside Stewardship gives incentives for land managers to look after their environment.

Countryside Stewardship is made up of the following elements:

• Higher Tier agreements for land that requires more complex management tailored to the individual site

• Mid Tier agreements that provide a range of options and capital items that together help to deliver a broad range of environmental benefits

• the 4 Wildlife Offers provide a simpler set of options to help improve the wildlife on farms

• the Capital Grant offer provides grants for boundaries, trees and orchards; water quality and air quality

• the Woodland Creation and Maintenance grant supports new woodland and its longer-term maintenance

• the Woodland Management Plan grant to help create a UK Forestry Standard (UKFS) compliant 10-year woodland management plan

• the Woodland Tree Health grant to help restore and improve tree health

• the Facilitation Fund to support individuals and organisations working with local groups of farmers and land managers, and co-ordinate their environmental land management.

Woodland Tree Health, Mid Tier and Wildlife Offers and organic agreements grants are not competitive

This manual applies to Higher Tier only. For all supporting scheme guidance material and for information about the other elements of Countryside Stewardship visit: Countryside Stewardship on GOV.UK.

Countryside Stewardship supports Defra’s Strategic Objective of ‘a cleaner, healthier environment, benefitting people and the economy’. It also supports Defra’s 25 year environment plan ‘for our country to be the healthiest, most beautiful place in the world to live, work and bring up a family’.

1.1 Higher Tier environmental priorities

The main priority for Countryside Stewardship is to protect and enhance the natural environment, in particular:

• increased biodiversity, improved habitat and expanded woodland areas

• improved water quality

• improved air quality.

Other outcomes supported are:

• protection against flooding and coastal erosion

• maintaining the historic environment

• improved landscape character

• climate change adaptation and mitigation.

2 How it works

In this section you can read about the main elements of the Countryside Stewardship Higher Tier scheme.

2.1 Introducing the Higher Tier

The Higher Tier:

• offers grant payments to support our most environmentally significant sites and woodlands

• allows you access to a greater range of Countryside Stewardship grants

• offers some flexibility to tailor requirements to suit your local environment.

Grants are available as:

• management options – multi-year grants, most options last for 5 years, but some options can be 10 or 20 years long

• capital items – a range of grants for specific capital works or items – work must be completed within 2 years.

The Higher Tier is competitive so your application will be scored and ranked.

If your initial application is successful, Natural England and/or the Forestry Commission will help you develop it into a complete final application by providing recommendations.

If your final application is successful, we will make an agreement offer to you. If you accept the agreement offer, your Countryside Stewardship Agreement will start on 1 January 2022.

The payment amount you receive for your agreement will depend on the grants you choose and compliance with your agreement.

2.2 The grants available in the Higher Tier

There are grants available to support habitat creation, restoration, and on-going management. The grants available vary by habitat. There are grants to support:

• species rich grasslands, wet grassland and water meadows

• heathland and moorland

• coastal sand dunes, vegetated shingle, saltmarsh, inter-tidal and saline habitats

• fens, reedbeds, ponds and ditches

• wood pastures and parklands, orchards, hedges and scrub

• woodland.

The Higher Tier also gives you access to a wider range of grants to:

• protect vulnerable or threatened species

• manage hedgerows, dry-stone walls, stock fencing and gates

• improve local water quality and manage flood risk in your local area

• convert and manage land to organic certification standards

• protect and enhance historic, archaeological and geo-diversity features

• support educational access.

2.2.1 Organic management and conversion options

You can apply for organic management and conversion options in combination with other grants.

We do not score the organic management and conversion options within your application. Read Section 5.4.3 for further information on applications that include organic options.

You should apply for the Mid Tier on GOV.UK if you want to choose only organic options.

2.2.2 Choose a Wild Pollinator and Farm Wildlife Package (WPFWP)

You may be able to improve your application’s score by choosing WPFWP. The package groups management options together. This will help you to provide farmland wildlife with the essential resources they need to thrive and breed successfully.

If you meet the minimum criteria for the package your score will increase significantly. You can find full details in Annex 4.

2.3 Eligibility

You must meet the eligibility requirements for the scheme – you can find these in Section 3.

You must also meet the eligibility requirements for grants (options and capital items) that you choose.

2.4 Scoring

The Higher Tier is competitive which means your application will be scored then ranked. Agreements will be offered to those with the highest scoring, eligible applications and will depend on the budget available.

• You can read how to improve your application score in section 4.7

• A guide to woodland scoring is included in Annex 5

• All other application scoring information is in Annex 3

2.5 Making an application and important dates

There are 2 stages in applying for the Higher Tier, an initial application stage and then the development of your final application.

When to apply

You can apply for Higher Tier from 9 February to 30 April 2021. We will not accept any applications we receive after this date.

Important dates for all Higher Tier applications:

Initial application stage	Deadline
Application period opens	9 February
Last date to contact us by email, phone or online to request an application pack	31 March
Last date to submit initial application	30 April
Customer notified of success or failure of initial application	by early June
Final application development	Deadline
Final application development with customer	June to August
Agreement offer and declaration sent to customer to sign	by 31 December
Woodland only applications final scoring	October

2.6 Making an initial application

You will need to request an application pack. You must do this by 31 March. Sections 4.1 to 4.5 explain how to do this.

Once you have received your application pack, you will need to fill in your initial application. Sections 4.6 to 4.8 explain the initial application process.

In Section 4 you can also find tools and information that will help you to:

• understand which habitats and species are a priority in your local area

• review the best grants for your site and your local environment

• find out about the management commitments required by each grant

• improve your score

• understand whether you need consent or permission from Natural England, or other organisations

• identify what evidence you need to submit with your application.

Annexes 2a, 2b and 2c include a list of all grants with payment rates for each option.

Once we have received your initial application, we will score it and then rank it against other applications. The highest scoring applications will go to the next stage. We will tell you if your initial application has been successful.

2.7 Develop your final application

If your initial application is successful you then need to develop it into a complete final application. Natural England and/or Forestry Commission will help you to do this by providing recommendations.

Sections 4.10 to 4.14 explain this process.

2.8 Agreements and agreement duration

If you accept your agreement offer, this will become your Countryside Stewardship Agreement. Agreements begin on 1 January 2022. To accept an agreement offer you must sign the declaration and return it to us by post using the contact details in Annex 9.

2.8.1 Agreement duration

• Most Higher Tier agreements last 5 years from the agreement start date.

• Higher Tier agreements may be longer if they contain long-lasting options or are on common land. You can find a full list of longer-lasting options in Section 4.7.9.

• You must complete the capital works within a Higher Tier agreement in the first 2 years of your agreement (read Section 6 for more information). Some capital items may have specific deadlines.

2.8.2 Changes to agreements

You will be expected to meet all the requirements throughout the duration of your agreement.

It is important that there is consistent management during the period of the agreement to make sure that the environmental benefits are achieved.

You may, in limited circumstances, make changes to your agreement but we must approve these in writing in advance. Read Section 6 for more information.

2.8.3 Natural England/Forestry Commission support

Once your agreement has started Natural England and/or the Forestry Commission will offer you after-care support. We will tell you if there are any changes in the support available.

2.9 Payments and Agreement claims

You will need to complete and submit a claim form to receive payments. You will need to do this each year of the agreement if you want to receive a payment for that year. Read Section 6 for information about which options or capital items you can claim for, and the deadlines for making payment claims.

3 Who can apply and what land is eligible

You must read and meet the requirements detailed in this section as these are mandatory for all Higher Tier Agreement Holders.

The Higher Tier of Countryside Stewardship is open to land managers who are one of the following:

• an owner occupier

• a tenant

• a landlord

• a licensor.

3.1 Eligible land

3.1.1 What land can be entered into the scheme

To be eligible for Higher Tier, land must be one of the following:

• an agricultural area (defined as any area taken up by arable land, permanent grassland or permanent crops)

• a protected site, including:

• Sites of Special Scientific Interest (SSSI) – read Find protected areas of countryside on GOV.UK

• Special Areas of Conservation (SAC), including proposed SACs

• Special Protection Areas (SPA) including proposed SPAs

• Ramsar sites – read the Ramsar Convention on GOV.UK

• a terrestrial Priority Habitat – read UK BAP Priority Habitats on GOV.UK

• land that supports a Priority Species – read UK BAP Priority Species on GOV.UK

• woodland defined as an area of land that:

• is at least 0.5 hectares

• has an average width of at least 20 metres

• is under groups/lines of trees that are, or will reach, at least 5 metres in height and with a crown cover of more than 20% of the ground area.

Land that meets the definition of woodland given above, must also meet the following requirements:

• open space in the woodland should:

• be no more than 20% of the total woodland area – this may be increased to 30% in exceptional, fully justified cases

• be no more than 0.5 hectares for any individual space –larger open areas will only be considered as woodland in exceptional circumstances

• include forest tracks, rides, wayleaves and other permanent open areas.

If you have declared the land for grazing on the Basic Payment Scheme (BPS), it is not eligible for Woodland Improvement (WD2) options.

There is no minimum area that you must enter into the scheme, although there are minimum areas for individual options and capital items. Check Countryside Stewardship grants on GOV.UK for the minimum area requirements for individual options and capital item grants before you apply for them.

If you want to apply for a Countryside Stewardship Higher Tier agreement on woodland, you must have a Forestry Commission approved, or approved ‘in principle’, Woodland Management Plan (WMP). If you do not have a WMP, you need to submit your draft WMP for approval by 31 December in the year before your Higher Tier initial application is submitted. Read Annex 5 for WMP information including deadlines.

3.1.2 Ineligible land

The following land is not eligible for the scheme:

• developed land and hard standing, including permanent caravan sites and areas used for permanent storage. Eligible exceptions include:

• traditional farm buildings that are eligible for grants under Countryside Stewardship

• yards, tracks and farm buildings proposed for management through Countryside Stewardship capital items

• land parcels that have solar panels for generating electricity for use off-farm – read Section 3.1.9

• areas (1 hectare or more) of permanent standing or running water

• land already entered into another scheme read Section 3.4

• land that is already subject to another obligation that is incompatible with Countryside Stewardship

• land parcels that are not entirely within England

• land where you do not have management control for the period of the agreement and you are not able to have your application countersigned by the landowner – read Section 3.2.

3.1.3 Applications from land managers operating multiple farm businesses

You can submit more than one application for a Higher Tier agreement in the same year. The applications must cover different land parcels as you cannot include an individual land parcel in more than one agreement at any time.

Each application will be scored separately on its own merit.

If you intend to submit more than one application in any application round, you must contact us.

3.1.4 Application and Agreement Land

Agreement land can only include land that is eligible for Countryside Stewardship. Agreement land must include the following:

• any land parcel that will contain a paid management option or capital item at any time during the agreement period

• any eligible land parcel that is designated as SSSI land or land within a Scheduled Monument (SM) whether or not there are paid management options or capital items associated with that land.

These land parcels will become the Agreement Land and must meet the requirements set out in Section 5.2.

For land that you previously included in an existing woodland creation grant agreement, applications for option WD1: Woodland creation – maintenance payments are made on an invitation-only basis once the capital works in your woodland creation capital agreement have been completed. From February 2021, the Woodland Creation grant will be combined with the woodland creation maintenance option (WD1) into a single grant, the Woodland Creation Maintenance grant. If you apply for this new grant and are successful, you will receive a new agreement for the maintenance payments after your capital works are completed and your final claim has been paid. For more information read the Woodland creation and maintenance manual.

3.1.5 Sites of Special Scientific Interest (SSSI) and Scheduled Monuments (SMs)

All land that is eligible for Countryside Stewardship and contains a designated SSSI or SM must be included in your application. This SSSI or SM land must be appropriately managed and any paid management options or capital items must not cause damage.

If your land contains an SSSI, you can apply for Countryside Stewardship through the Higher Tier or Mid Tier (but not for one of the Wildlife Offer agreements).

If your land contains an SM but not an SSSI, you can apply through the Higher Tier or Mid Tier including the Wildlife Offers.

Your local Natural England adviser can advise on:

• SSSI management

• whether to make a Mid Tier, Wildlife Offer or Higher Tier application

• what to do if there are no suitable grants available.

For more information read ‘Sites of specific interest: managing your land’ on GOV.UK.

Historic England can provide free advice on SM Management.

When you apply for Countryside Stewardship Higher Tier:

• you must include your SSSI or SM land parcel(s) – even if there are no suitable Countryside Stewardship management options for it

• where the site is not currently in good condition, you must choose options and/or capital items to improve its condition, unless there are no suitable grants available. Natural England or Historic England can advise on suitable grants

• for sites already in good condition, you should choose grants to maintain the site in that condition

• where the condition of an SSSI is affected by your management of land outside the SSSI boundary, you must choose management options and/or capital items to support favourable condition of the SSSI.

Your application will be rejected if it:

• does not include areas of SSSI or SM on your holding

• includes any grant choices that could damage the SSSI or SM on your holding

• includes any grant choices that do not support the favourable condition of the SSSI or SM

• includes grant choices on the surrounding land parcels that would have a negative impact on the SSSI or SM.

All SSSI and SM management needs formal consent from Natural England or Historic England as appropriate. You must apply to your local Natural England or Historic England adviser for this consent. (Read Section 4.11.1).

Your Natural England adviser will talk to you about your SSSI, they will consider land parcels in the application that have:

• any live SSSI consents

• Site Management Statements

• Section 15 (of the Countryside Act 1968) management agreements

• other agreements with Natural England or its founding organisations.

If any of these are no longer appropriate or relevant, the adviser will ask you to consider a voluntary surrender of the consent as part of the agreement offer.

Applications for woodland Higher Tier agreements will ensure SSSI and SM management within the woodland. Their management must be considered through the UK Forestry Standard.

Woodland Management Plan which is a pre-requisite for a Higher Tier application. Read Create a woodland management plan on GOV.UK.

3.1.6 European sites

A ‘European site’ is designated as a Special Area of Conservation (SAC), or proposed SAC, or a Special Protection Area (SPA). All Ramsar sites and potential SPAs are treated as European sites under the scheme.

If you are planning activity on, or next to, a European site before any agreement offer can be made, Natural England or the Forestry Commission must complete a Habitats Regulation Assessment.

An application will be rejected if the assessment finds the proposed activity would have an adverse impact on the European site.

Applications that include conservation of special features on European Sites will usually be accepted. However, some multi-year options or capital items may be assessed in more detail.

3.1.7 Protected species

Some species are partly or fully protected by legislation. Examples of the most common protected wildlife include:

• all wild birds and their eggs and nests that are in use or being built are protected under the Wildlife and Countryside Act 1981

• bats, otters, dormice, great crested newts, and other European protected species (including plant species) of more restricted distributions are protected by Part 3 of the Conservation of Habitats and Species Regulations 2017. These European Protected Species are protected, in the case of animal species, from disturbance and damage to the places they use to rest and shelter (for example, bat roosts and otter holts); in the case of plant species, from collecting, uprooting or destruction.

If you have protected species on your land, you must consider and meet the requirements for protection which apply to those species before carrying out any management activities. For more information, check Managing wildlife on your land on GOV.UK.

By choosing appropriate scheme options, you can help to maintain suitable habitats for protected species.

3.1.8 Organic Land

If you have land that is registered as organic or in conversion to organic status, it is eligible for Countryside Stewardship, provided other eligibility criteria are met. The scheme provides funding for Organic Management and Conversion. Read Section 5.4.3 for details.

3.1.9 Land parcels with solar panels

Land parcels that contain solar panels for generating electricity for use off-farm are ineligible for Countryside Stewardship.

You cannot erect panels on Agreement Land where there are management options. If the panels are concentrated at one end of a field, the rest of the land can be eligible if the 2 areas are registered as individual land parcels and separated by a permanent boundary. For further information read the RLE1 guidance on GOV.UK.

Solar panels powering electric fencing for livestock control or water pumping which support agreement objectives are permitted.

3.2 Management control: eligibility and scheme rules

You must have management control of all the land and all the activities needed to meet the requirements of the management options and/or capital items you select for the full period of the Countryside Stewardship agreement.

If you do not have full control of the land and all such activities, you must get the written consent of all other parties who have management control of the land and activities for the entire period of the agreement. Read below for more details on how to do this. (You should also read Section 3.3.2 about ‘dual use’).

3.2.1 Tenants

If you are including land in a Countryside Stewardship application that you occupy under a tenancy, including under the Agricultural Holdings Act 1986, Agricultural Tenancies Act 1995 (a Farm Business Tenancy) or equivalent, you must have:

• management control of this land for the duration of any commitments, which may extend beyond the agreement period

• control of all the activities needed to meet the scheme requirements for the chosen Countryside Stewardship multi-year options and capital items

• security of tenure for the full period of the Countryside Stewardship agreement – if you will have security of tenure for less than 5 years starting from 1 January 2022, you must get the countersignature of your landlord as part of your application (using the Land Ownership and Control Form on GOV.UK).

If that is not possible, that part of your land is not eligible to be included in your Countryside Stewardship application.

You must have the agreement of your landlord or the landowner before you apply. If you are a tenant, including under the Agricultural Holdings Act 1986, Agricultural Tenancies Act 1995 (a Farm Business Tenancy) or equivalent, it is your responsibility to check that by joining Countryside Stewardship you do not breach the terms of your tenancy.

If a landlord takes over a Countryside Stewardship agreement from you once your tenancy has ended, they must be eligible to do so. For example, they must not be an ineligible public body.

3.2.2 Landlords

If you are a landlord and can show that you have management control over the land, which has been let to a tenant, and the activities, you can include that land in a Countryside Stewardship application.

As the Agreement Holder, you must give your tenant a copy of the Countryside Stewardship agreement. You may need to provide written evidence, if requested, that you have given your tenant a copy of the agreement. It is your responsibility to make sure that your tenant does not breach the terms of the agreement. If your tenant will be using the same land to claim for the Basic Payment scheme, read Section 3.3.2 about ‘dual use’.

3.2.3 Partnerships

If you are in a business partnership, you can apply for Countryside Stewardship. The person submitting the application must have the appropriate permission levels in the Rural Payments service. Read section 4.3 Register with Rural Payments for more information.

3.2.4 Licensors

If you are a licensor, you can apply for a Countryside Stewardship agreement. It is your responsibility to make sure that the licensee does not breach the terms of the Countryside Stewardship agreement.

You must make sure that the licensee is aware of the requirements of the agreement, as relevant to the licence, and include these in the licence agreement.

3.2.5 Licensees

If you only have access to land under a licence arrangement, you cannot usually apply for a Countryside Stewardship agreement. This is because a licensee will not have sufficient management control of the land and will be ineligible. However, if in practice, your agreement with the land owner gives you wider land management responsibilities, this may mean you are a tenant not a licensee and you may be eligible. If this is the case, you will need to show that you have sufficient management control of the land and activities to be able to apply.

3.2.6 Land owned by public bodies

Land owned or run by a public body is in general not eligible for Countryside Stewardship. If you are a tenant of a public body, you will need to check with your landlord if the land is eligible for Countryside Stewardship.

Countryside Stewardship cannot pay for any environmental management that is already required through:

• payment from EU and Exchequer funds

• grant other public body

• any other form of legally aid from any binding obligation including tenancies.

This means that Crown bodies and Non-Departmental Public Bodies (NDPBs) are not eligible for the scheme. This includes those that are Trading Funds or that otherwise do not receive funding direct from the Exchequer. Crown bodies include all government departments and their executive agencies, for example:

• Ministry of Defence

• Forestry Commission.

NDPBs are public bodies that have a role in the processes of national government but are not a government department, and are not part of one. These include:

• Environment Agency

• Natural England

• Historic England

• National Forest Company.

Parish councils and former college farms are not considered to be public bodies and so are eligible to apply for Countryside Stewardship.

For information on the eligibility of local authorities to claim for woodland creation and maintenance grants refer to the Woodland creation and maintenance grant manual on GOV.UK.

The following table provides more detailed eligibility criteria for public bodies.

Body/Organisation	Eligibility	Comments
Government departments, executive agencies and NDPBs (for example, Ministry of Defence, Forestry Commission)	Ineligible	Not applicable
Other public bodies (for example, local authorities, National Park authorities and public corporations)	Eligible	Provided the work does not form part of their obligations as a public body.
Parish Councils and former college farms	Eligible	Not applicable
Tenants of eligible public bodies	Eligible	Ineligible where the work is already a requirement of the tenancy agreement. The public body must countersign the application if the tenant does not have security of tenure for the full term of the agreement.
Tenants of ineligible public bodies	Eligible	Ineligible where the work is already a requirement of the tenancy agreement. Tenants must have security of tenure for the full term of the agreement, as the public body cannot countersign the application.

3.2.7 Common land and shared grazing

Common land and shared grazing is only eligible for the Higher Tier of Countryside Stewardship. Commoners/graziers need to agree and name one person to sign the application. This person will then be responsible for maintaining the relevant agreement, if accepted, on behalf of all the commoners/graziers.

Before applying, you must read Annex 6 which contains the important additional requirements relevant to a Higher Tier application that includes common land and shared grazing.

3.2.8 Business Viability Test

We will check all applicants against an insolvency register. If we assess your application as not financially viable, we may not offer you an agreement.

Applications involving capital expenditure over certain limits will require additional evidence and undergo additional checks. Read Section 4.12.2 for more information.

3.3 Relationship with the Basic Payment Scheme (BPS)

If you are using land to claim BPS, you may also enter that same land into a Countryside Stewardship Higher Tier agreement.

Some land that is ineligible for BPS may still be eligible for Countryside Stewardship. For example, features such as ponds, areas of scrub and woodland which are ineligible for BPS can be eligible for Countryside Stewardship options.

You must read the BPS rules on GOV.UK.

When you include land parcels in a Countryside Stewardship Higher Tier application that have been used to claim BPS in the same year, we will check that the Countryside Stewardship management option applied for is compatible with the BPS land use you have declared.

It is the BPS land use declared in the year you apply that we will check for your Countryside Stewardship Higher Tier application, even though the Countryside Stewardship agreement start date is 1 January 2022.

Where you use Countryside Stewardship Agreement Land to claim BPS, we will check to make sure that the land use code entered for each land parcel is compatible with the Countryside Stewardship management. This will be the land use declared in the same year that the Countryside Stewardship annual claim is submitted. This means that when you apply for certain Countryside Stewardship options, you need to consider how they will affect your future BPS payments.

When including land parcels in your Countryside Stewardship Higher Tier application, you should note that:

• some Countryside Stewardship grassland options can only be located on land declared with a land use of permanent grassland on the BPS claim

• you can only locate Countryside Stewardship arable options on land declared with a land use of temporary grassland or other arable land use on the BPS claim

• land used to grow grasses or other herbaceous forage naturally or through cultivation, and that has not been included in the crop rotation for five years or more, should be declared as permanent grassland and is not eligible for arable options. If the land converts from temporary grassland to permanent grassland during your agreement, the arable option will become ineligible. The exceptions to this are where arable options are intended to create or revert land to permanent grassland.

You can find information on the compatible land use classes for each option using Countryside Stewardship grants (known as the grant finder) on GOV.UK.

It is possible to have more than one Countryside Stewardship option in a single land parcel. If there is no permanent boundary between the options, you do not have to split the parcel into 2 separate land parcels in the Rural Payments service.

The soil and water options can only be used to provide a level of protection over and above that required by cross-compliance.

For more information about the BPS rules or for guidance on declaring land that is in both Countryside Stewardship and BPS read the relevant BPS rules or contact us on 03000 200 301.

Find the Rural Payments service land use codes on BPS rules on GOV.UK

Land in some Countryside Stewardship options may become ineligible for BPS by the end of the Countryside Stewardship agreement. This can happen where agricultural land is changed and cannot be easily changed back to agricultural, for example, creating intertidal wetland.

3.3.1 Applying for Countryside Stewardship where someone else is claiming BPS on the same land (‘dual use’)

In certain circumstances, it is possible for a land parcel to be used by one applicant’s SBI to claim BPS and that same land parcel to also be included in a Countryside Stewardship application submitted by someone else under their SBI. This is known as ‘dual use’.

If you are in a dual use situation you must be able to demonstrate that you are meeting the rules and eligibility requirements of the scheme you are claiming for and you must have a written record.

If you are the Countryside Stewardship applicant, you have to meet the Countryside Stewardship eligibility rules, including having management control of the land included in your Countryside Stewardship application. The BPS applicant must show that they have the same land ‘at their disposal’ under the BPS rules (and meet BPS eligibility rules). If you have an agreement with another person, who uses the land to apply for BPS, this does not mean that person has the land at their disposal. It is the rights and responsibilities held in relation to the land, and how they operate in practice, which determine this.

An example of ‘dual use’ is where a landlord is able to have management control of the land for Countryside Stewardship while the tenant has the same land at their disposal to claim BPS.

If you are the Countryside Stewardship applicant, make sure you have a written record before the BPS application deadline in 2022 (usually 15 May but date might change in 2022) that is signed and dated by both parties. This written record could be a tenancy agreement, a letter, or both, which shows:

• the rights and responsibilities you and the BPS applicant in the ‘dual use’ situation each have for the land

• you have management control of the land and the BPS applicant has the land ‘at their disposal’

• you have given a copy of the Countryside Stewardship Agreement Document and the terms and conditions (once you receive them) to the other party and that they must meet the terms and conditions (unless you can show that you are carrying out the required activities).

You must also make sure that the ‘dual use’ land parcels are linked to both SBIs in the digital maps in the Rural Payments service. The BPS applicant may need to transfer the land parcels to you using an electronic or paper RLE1 form. Read about how to do this in the RLE1 guidance on GOV.UK.

You may want to get independent professional advice, especially if you previously had a verbal agreement (rather than a written agreement) with the other party.

3.4 Land receiving other funding

You cannot use Countryside Stewardship to pay for any environmental management that is already required:

• by statutory duty, as detailed in Section 3.2.6

• through payment from Exchequer funds

• through grant aid from any other public body

• under any other grant scheme or obligation

• through any other form of legally binding obligation.

3.4.1 Environmental Stewardship

We are keen to keep the environmental benefits of Environmental Stewardship through the uptake of new Countryside Stewardship agreements.

If you have been managing your land under an Environmental Stewardship agreement, you should find similar management options in Countryside Stewardship. There are differences between the schemes so you should read the Countryside Stewardship scheme and management option requirements carefully.

If your Environmental Stewardship agreement comes to an end in 2021, you can apply during 2021 for a Countryside Stewardship agreement to start on 1 January 2022.

If you already have an Environmental Stewardship agreement, you can only apply for Countryside Stewardship on the same land parcel if the Environmental Stewardship agreement expires before the Countryside Stewardship agreement starts. This is because individual land parcels cannot be in both schemes at the same time.

If a land parcel will still be under an Environmental Stewardship agreement when the Countryside Stewardship agreement starts, you cannot include that parcel in the Countryside Stewardship application area.

You can only have Environmental Stewardship and Countryside Stewardship agreements running at the same time where they are on separate land parcels.

It is not usually possible to transfer early or convert from Environmental Stewardship (or Higher Level Stewardship) to Higher Tier Countryside Stewardship.

You can only do this in exceptional circumstances and specific situations:

• It must prevent:

• serious environmental deterioration; or

• long-term loss of a management policy that gives the best environmental benefits possible for that land.

• For land in a Higher Level Stewardship (HLS) agreement where the agreement has been extended, read How will woodland be affected by HLS Extension? on GOV.UK.

3.4.2 Countryside Stewardship

If you already have a Countryside Stewardship agreement covering some of your land parcels, you cannot apply for another Countryside Stewardship multi-year options or capital works agreement on the same land parcels.

If you have written endorsement from a Forestry Commission Woodland Adviser, or Natural England Adviser, you may:

• apply for a Countryside Stewardship Implementation Plan (PA1), Feasibility Study (PA2), Woodland Management Plan (PA3) or Woodland Tree Health grant agreement on the same land parcels

• apply for a Higher Tier capital only agreement on land parcels with a woodland multi-year option in place

• apply for a Higher Tier woodland agreement (WD2) on land parcels already in an agreement with woodland capital items.

3.4.3 Conservation Enhancement Scheme, Wildlife Enhancement Scheme, Section 15 Management agreements

If you have land that is classed as an SSSI, you may be receiving payments under Natural England’s Conservation Enhancement Scheme (CES), Wildlife Enhancement Scheme (WES) or a Section 15 (S15) management agreement.

Generally, you cannot locate Countryside Stewardship options on these land parcels. Eligibility for Countryside Stewardship payments will depend on the specific requirements of the CES/WES/S15 agreement and are decided on a case-by-case basis.

3.4.4 English Woodland Grant Scheme

You cannot apply for Countryside Stewardship options on land parcels covered by a multi- annual English Woodland Grant Scheme (EWGS) agreement, Farm Woodland Payment (FWP), Farm Woodland Premium Scheme (FWPS) or Farm Woodland Scheme (FWS) while you are still receiving annual payments for them.

You can apply for Countryside Stewardship options on land parcels covered by an EWGS Management Planning Grant and certain capital grants (for example, Woodland Improvement Grant - WIG) as long as this does not result in you being paid twice for the same items or activities and the Countryside Stewardship options do not conflict with any ongoing EWGS requirements.

3.4.5 Heritage Lottery Funding

Some Heritage Lottery Fund (HLF) applications can be considered for Countryside Stewardship as a source of complementary or partnership funding, but only where the Countryside Stewardship payments are for separate works.

Where Countryside Stewardship agreements within an area-wide project have started less than 12 months before the HLF application, the payments will be considered as complementary funding.

3.4.6 Scheduled Monuments (SMs)

In some cases you may already receive funding for Scheduled Monuments to help manage the site, area or building. This includes grants from Historic England (formerly English Heritage) under a Management agreement for Field Monuments or a Repair Grant for Heritage at Risk.

This land may also be eligible for Countryside Stewardship provided you do not receive any other grant or funding for the same activity.

3.4.7 Fruit & Vegetables Producer Organisation Aid Scheme

Management funded under the Fruit and Vegetable Producer Organisation Aid Scheme (for example, Operation Bumble Bee) cannot also be funded under Countryside Stewardship.

3.4.8 Inheritance Tax or Capital Gains exemptions

If you have a business (with an SBI) that is subject to an Inheritance Tax exemption agreement with HM Revenue & Customs (HMRC), it may be eligible for the Higher Tier.

Countryside Stewardship options and capital items may be available on land designated HMRC as conditionally exempt from Inheritance Tax or as the object of a Maintenance Fund (heritage property), depending on the specific undertakings and proposed options or capital items. Read Inheritance tax or capital gains exemption: Countryside Stewardship to find out whether options and capital items are always eligible, never eligible, or need to be checked to make sure that options do not overlap with the obligations of the undertakings.

You are recommended to look at the conditional exemption undertakings for your land before applying for Countryside Stewardship so that you choose options that are most likely to succeed.

3.4.9 National Park Authority grant schemes

National Park Authority grant schemes can include both annual payments for land management and capital works.

Generally you cannot combine Countryside Stewardship with other sources of funding for the same annual land management or capital works in the same location.

However, National Park grant schemes are designed to fund management not covered by Countryside Stewardship or other schemes, or for measures over and above the requirements of other schemes. Contact your National Park Authority adviser for details.

3.4.10 Capital Grants under Countryside Productivity, Growth Programme, LEADER, Water Environment Grant, Woodland Carbon Fund, HS2 Woodland Fund, Farming Recovery Fund, Nature for Climate Fund, Environmental Land Management and other capital grants

Countryside Stewardship cannot fund works that form part of these, or similar schemes or grants.

Equipment funded from these schemes can be used to undertake the work specified within the Countryside Stewardship scheme.

3.4.11 Land that is under another obligation such as planning permission or Section 106 requirements

Countryside Stewardship cannot fund works that must be undertaken as a requirement of:

• any planning permission

• a Section 106 agreement or equivalent

• restoring or remediating any works undertaken illegally.

3.5 Agricultural activity in woodland areas

You must not use any woodland in an agreement for any agricultural activity during the period of that agreement, unless your Woodland Officer has granted you permission. This will be in exceptional circumstances only. Read Section 3.1.1 for the definition of woodland.

4 How to apply

This section gives the information needed to apply for Higher Tier Countryside Stewardship.

There are 3 types of application in Higher Tier. Before starting the application process you must decide which type of Higher Tier agreement to apply for.

1. Woodland only – choose this type if your application is just for woodland improvement (option WD2) and any supporting capital items. Applications for option WD1 are made on an invitation-only basis once the capital works in an existing woodland creation capital agreement have been completed. For more information read Annex 5, section (h). From February 2021, the Woodland Creation grant will be combined with the woodland creation maintenance option (WD1) into a single grant, the Woodland Creation Maintenance grant. If you apply for this new grant and are successful, you will receive a new agreement for the maintenance payments after your capital works are completed and your final claim has been paid. For more information read the Woodland creation and maintenance manual

2. Agri-environment only – for applications on farmland and habitats not including woodland creation or improvement. You can choose to apply for both management options and capital items.

3. Mixed – applications that include both woodland and agri-environment options and capital items.

4.1 Higher Tier initial application: step by step guide

The initial application is the first stage of the application process. You identify the high priority Countryside Stewardship management opportunities on your holding and tell us which ones you will focus on. The detail needed in your initial application depends on the type of Higher Tier agreement you apply for.

Step 1 – Before you apply:

• read the guidance in Section 4.2 for details on how to find general support and guidance

• consider which land to include. You should include the most significant environmental features and/or issues on your holding. You must include any SSSIs or SMs, where eligible. This will help you decide which type of Higher Tier application is suitable for your land: woodland only, agri-environment only, or mixed (containing both)

• if your application includes woodland, you must have a Woodland Management Plan (WMP) approved, or approved in principle, by the Forestry Commission. You must have this by the initial application deadline (30 April). You need to submit your draft WMP for approval by 31 December in the year before you submit your Higher Tier initial application so that you get the approval in time. You must make sure that any relevant tree felling consents are also in place for your WMP to be approved.

• register in the Rural Payments service if you have not already done so. Read Section 4.3

• make sure that all land parcels you want to include in your application are registered in the Rural Payments service and linked to your SBI. Read Section 4.3.1

• if you prefer to use an agent, you will need to authorise them to act for you. Read Section 4.4

• if you’re in a Countryside Stewardship Facilitation Fund Group, you can contact your facilitator for advice. Read Section 4.7.1.

Step 2 – Request a Higher Tier application pack

• Request your Higher Tier application pack online in the Rural Payments service – read Section 4.5 for details.

• If you are unable to request your application online, call us on 03000 200 301 you will need your SBI.

• You can request your application pack from 9 February but your request must be received by 31 March.

• If you have Scheduled Monuments or other historic features on your land, you will need a Historic Environment Farm Environmental Record (HEFER) that is less than 3 years old and covers all the land parcels in your application– If your initial application is successful we will request one for you. This will take 20 working days from the date we request it – read Section 4.10.1.

Step 3 – When you receive the application pack:

• make sure you have received all the documents listed in the application pack covering letter

• check all details are correct for each land parcel, on Annex 1 and/or Annex 2 and your maps

• check that all land parcels you want included in your agreement are in your application pack. For land parcels to be included they must be registered in the Rural Payments service. If you need new land parcel numbers, fill in an RLE1 form and send it to us with sketch maps. Read Section 4.3.1

• if applicable, download copies of the Countryside Stewardship Land Ownership and Control form(s) and/or Countryside Stewardship common land and shared grazing supplementary application form from Countryside Stewardship forms on GOV.UK

Step 4 – Complete the Farm Environment Record (FER) map (not applicable to Woodland-only applications)

• Read Section 4.6 and read the guidance received with your application pack. Use this information to help you complete your FER for all agri-environment land that you include in your application.

• Use the information in your completed FER to help you decide which Countryside Stewardship priorities to include in your application. Read Section 4.7.

• This forms part of your initial application.

Step 5 – Start to fill in your initial application:

• follow the guidance received with the application pack to fill in your Higher Tier initial application

• what you need to decide at this stage depends on what type of Higher Tier agreement you are applying for

• read Section 4.7 for advice on choosing what to include in your initial application.

Step 6 – Submit the initial application form to RPA

• You must make sure that the declaration is signed – if you send your initial application form by email, you do not need to sign it but you must make sure that you have the correct permission levels in the Rural Payments service to do this.

• Attach any required supporting documents. The initial application form guidance will help you decide what is needed, for example, this could include a Land Ownership and Control form(s) and/or common land and shared grazing supplementary application form.

• You may have identified evidence that is needed but we have not asked you to send it with your initial application. You must keep this evidence as we may ask to see it.

• If you already have a valid Historic Environment Farm Environment Record (HEFER), include it with your initial application. Read Section 4.10.1.

• You can email your initial application to us at the email address shown below. If you are unable to email your initial application then you can post it to us using the contact details in Annex 9.

• To email your initial application to us:

• make sure that you have the correct permission levels in the Rural Payments service

• make sure that the email address you use to send the initial application is registered for the business in the Rural Payments service

• reply to the email we sent you when you requested your application form. Attach your completed initial application to your reply email – you no longer have to print and sign your initial application. By replying to our email rather than sending a new email, your initial application will be automatically forwarded to the correct team rather than waiting in a queue to be sorted manually

• if you cannot reply to the original email, then put ‘Initial Application – CS – Higher Tier’ in the subject heading of your email to us and note your SBI and Initial Application ID number in your email

• send your email to [email protected].

• If you are unable to email your initial application and need to return a paper application, you must sign your application form and send it with any supporting documents using the contact details in Annex 9. You must submit the original form that was sent to you as we cannot accept a copy.

• You must put your SBI and Application ID number on everything you send to us.

• We recommend that you get proof of postage for any documents you send to us by post. You should keep a copy of your completed application form and your FER and Options maps.

• We must receive your initial application form by 30 April.

4.2 General support and guidance

You can read all Countryside Stewardship guidance on GOV.UK. For general Higher Tier enquiries, contact us by:

email: [email protected]

telephone: 03000 200 301

post: Rural Payments Agency (CS), PO Box 324, Worksop, S95 1DF

You can get technical advice on Higher Tier applications from a local Natural England adviser. They can advise whether a Higher Tier or Mid Tier application may be more appropriate. They can give advice for agri environment applications or the agri-environment part of mixed applications. They cannot advise on the woodland part of mixed applications or woodland only applications. If your initial application is successful and includes agri-environment land, they will support you in the further development of your application.

You can contact Natural England by:

email: [email protected]

telephone: 0300 060 3900

You can get technical advice on the woodland part of Higher Tier applications from the Forestry Commission. They can give advice for woodland only applications or the woodland part of mixed applications. If you initial application is successful and includes woodland, they will support you in the further development of your application.

You can find contact details for the Forestry Commission on GOV.UK

You may be able to get advice from a Catchment Sensitive Farming Officer (CSFO) on addressing water quality issues in your application. Read Section 4.7.7.

If you have land in a National Park, you can contact the National Park Authority as they may be able to help you make your application more competitive.

4.3 Register with Rural Payments

You must register in the Rural Payments service on GOV.UK before you can request a Countryside Stewardship application pack if you have not already done so. When you register you will receive a Customer Registration Number (CRN) and an SBI. Agents applying for you must also register in the Rural Payments service. Read Section 4.4.

4.3.1 Registering land parcels

You need to register all the agricultural land parcels on your holding which are 0.0100 hectares or larger so they appear on your digital maps. You also need to register all of the non-agricultural land parcels you intend to include in your Countryside Stewardship application with management options or capital items. This includes any buildings and farm yards on which you want to apply for options or capital items.

For example:

• options HS1 or HS8 for maintenance of weatherproof traditional farm buildings

• any capital works in the farm yard, such as those for water and air quality improvements.

The total field size of every land parcel needs to be accounted for, including how different areas of the parcel are being used for different things, using the appropriate land use codes.

You can check all the land parcels registered to your holding in your digital maps in the Rural Payments service.

1. Go to: www.ruralpayments.service.gov.uk.

2. From the ‘Business overview’ screen, click ‘Land’ then ‘View land’.

3. To view individual land parcel details select the land parcel you need. The ‘Parcel details’ screen shows you a digital map and details of the land parcel.

If you believe the map or any of the details are incorrect, you need to request a change to your digital map.

To request changes to your land information, you must fill in an RLE1 form and send it to us by email or post. You must send your completed form straight away. This will prevent significant delays in sending an agreement offer or your application being rejected.

Read more information about updating your land parcel records on GOV.UK.

Read more information on how to check your digital maps on GOV.UK.

Find the Rural Payments service land use codes on BPS 2021 on GOV.UK.

4.4 Authorise an agent

You can authorise an agent to fill in and submit your application for you. This also applies to payment claim forms for Agreement Holders.

For an agent to act for you, you must give them the appropriate permission levels in the Rural Payments service on GOV.UK. This applies even if you have previously authorised the agent using the paper agent authorisation form.

Read Give someone else permission to act on your behalf on GOV.UK for more information on the different levels of permission. You should also read the information in the Permission levels screen in the Rural Payments service. This lists what is permitted at each level.

4.5 Request an application pack

You can request an application pack online.

• Sign in to the Rural Payments service.

• Check that your personal details include the email address you are currently using; we’ll send the application pack to your email address.

• If necessary, select the SBI you want an application pack for.

• From the Business Overview screen for the SBI, select ‘Countryside Stewardship’ and then ‘Applications’.

• Select the appropriate button to request your Higher Tier application pack (your pack may be created overnight in periods of high demand).

• You can download your application pack as soon as it has been successfully created. It will also be sent automatically to the email address included in your personal details in the Rural Payments service.

If your land parcel details change and you need to refresh the details in your pack or you wish to download your application pack directly you can do this by opening the pack and selecting ‘generate’ or ‘download’.

You must request your application pack online by 31 March.

There will be some cases where you will not be able to request an application pack online. This could be because you want to include options on common land or because you do not have internet access. In these cases you need to call us on 03000 200 301, provide the SBI and request a Higher Tier application pack. In these cases you must request your application pack by 31 March. You should receive your application pack within 5 working days of your request.

4.6 Complete a Farm Environment Record (FER)

You must complete an FER map for all Higher Tier agri-environment only and mixed applications to map the location of the environmental features of interest on your holding. This will help to indicate what management may be suitable. You need to print 2 copies of your Options/FER map. This is so that you can show your options choices on one copy, and show the environmental features on your holding on the other copy. After you’ve done this, scan them into your computer.

You must submit your completed FER as part of your initial application. An FER is not required for woodland only applications.

The FER does not need to cover the whole holding but must include:

• any land parcels on which you intend to apply for Countryside Stewardship grants

• any SSSI land or SMs on your holding, even if you do not intend to apply for Countryside Stewardship grants on them

• any land parcels that are at moderate or high risk of run-off and/or soil erosion.

Features mapped in the FER must be kept and protected from damage or removal for the duration of your agreement.

Read the guidance in your application pack about how to complete the FER. If you have any land parcels at risk of run-off and/or soil erosion use the Runoff and soil erosion risk assessment form on GOV.UK.

4.7 How to choose grants (options and capital items)

You should consider the types of grants to include in your application at an early stage. This will give you time to request any advice, approvals, consents or permissions. Read Section 4.11.

You can choose from a wide range of grants in the Higher Tier scheme. What you need to include in your initial application depends on whether you include agri-environment and/or woodland support. You should use the guidance in your application pack to help you identify what to include and how to fill in your initial application.

You need to consider the following points to help you decide what to include in your initial application:

• how to increase your application’s score (Section 4.7.1)

• choosing options that address environmental priorities in your local area (Section 4.7.2)

• understanding the option and capital item management requirements (Section 4.7.3)

• addressing any priorities relating to water quality (Section 4.7.7), priority habitat (Section 4.7.5), priority species (Section 4.7.6) and to organic land (Section 4.7.8) any advice received from a CSFO (Section 4.7.7) or Countryside Stewardship Funded Facilitator

• any advice received from Natural England about SSSI land (Section 4.7.1)

• addressing any issues or management opportunities identified in your FER (Section 4.6), HEFER (Section 4.10.1) and/or Baseline Evaluation of Higher Tier Agreements Survey (BEHTA) (Section 4.10.2)

• your approved woodland management plan, if you have one.

Make sure the grants you choose are suitable for your land and that you will be able to meet the management requirements for the length of the agreement. Once the agreement has started, changes can only be made in very limited circumstances, with written permission from RPA. Read Section 6.

4.7.1 The effect on your initial application’s score

Agri-environment and Mixed Applications

Your choice of grants affects your initial application’s score. Priority features which can increase your score include:

• priority habitats

• water quality issues

• historic environment features

• meeting the requirements of the Wild Pollinator and Farm Wildlife Package (WPFWP)

• Section 41 species requiring bespoke management

• species in the Woodland Bird assemblage

• species in the Breeding Wader assemblage.

We will only give a score for these features if they need management that is only available in Higher Tier. You can include features suited to Mid Tier management in your Higher Tier initial application, but they will not contribute to your score. The score received for a feature depends on:

• the type of feature

• the priority level, as described in the Statements of Priorities

• the area of it offered for management, or in the case of Historic Features the number of land parcels it is on.

We will give additional scores for initial applications that:

• include SSSIs – this higher score depends on the area of the SSSI

• include genetic conservation (native breeds at risk)

• include educational access

• meet the requirements of the WPFWP

• are part of a Countryside Stewardship Facilitation Fund Group.

If your initial application is successful you will need to develop your final application. Your final application needs to match the priorities you identified in your initial application. If it does not, it will be scored but may not be successful.

Read Annex 3 for more details.

Woodland Only and Mixed Applications

The score for the woodland in your Higher Tier application, including the woodland in a mixed application, is based on the content of your application. You must provide a score for the woodland elements of your initial application. The Forestry Commission will confirm the woodland element score for the final application.

Read Annex 5 for more details.

Any area to be scored must fit into one of four Countryside Stewardship objectives.

• Priority habitats

• Priority species

• Plantations on Ancient Woodland Sites (PAWS) restoration

• Water

All the land included in your application must be eligible under at least one of these objectives.

You must take into account your whole initial application and calculate a total score for each objective. Where more than one objective could apply, you must choose which one to use for scoring. You can only use one objective for an area in your application. You can base your choice of which objective you select on the objective’s relative scores. Supplementary points will be awarded later if your land is covered by more than one objective.

We will increase the score for applications where:

• the area is made up of blocks within or touching a Woodland Bird Assemblage area

• all or part of the application is located within a woodland SSSI

• all or part of the application falls within multiple priority objectives.

4.7.2 Identify local priorities

You should choose grants that focus on the environmental priorities in your local area. You can use Countryside Stewardship Statements of Priorities and Priority Maps on GOV.UK to identify the priority features and issues targeted in your area. This will help you choose which grants to include in your application.

4.7.3 Find grant details

You can find more information about the grants available in Higher Tier in:

• Annexes 2a, 2b and 2c of this manual - these list all of the grants available in Higher Tier, including payment rates

• Annex 5 of this manual - this includes details of the Woodland Support grants available.

Use Countryside Stewardship grants (known as the grant finder) on GOV.UK to find further details of options, supplements and capital items that you can include in your Countryside Stewardship application.

Countryside Stewardship grants

Countryside Stewardship grants (known as the grant finder) on GOV.UK lists all the grants available. You can filter the list of grants by type, land use, tier and funding, or search for key words.

You will see a full description about each grant including value, eligibility requirements and any specific requirements you must follow. This includes details of the evidence and records you should keep for your options.

4.7.4 The Wild Pollinator and Farm Wildlife Package (WPFWP)

Applying for the WPFWP will help you provide a good combination of resources for wildlife on your holding. To include the WPFWP you need to choose management options that meet the requirements of the package. In Higher Tier, these must be at least 5% of the arable, temporary grass or permanent grass area in your application. Packages are available for arable farms, pastoral farms and mixed farms.

The package is suited to holdings where an expiring Higher Level Stewardship agreement has delivered good outcomes for farmland biodiversity, such as by using the Higher Level Stewardship Farmland Bird Package.

Read Annex 4 for more information.

4.7.5 Actions for Priority Habitat

One of the main priorities for Countryside Stewardship is to protect and improve biodiversity. The scheme offers grants to maintain, restore and create priority wildlife habitats on farmed and forested land.

You can find which Countryside Stewardship priority habitats there are in your local area by using the information in Section 4.7.2

You may be able to create new habitat on land currently under arable, intensive grassland or forestry use. Applications for this are most likely to be successful where the new habitat will:

• extend or link existing habitat to connect separate parcels of land and reduce the number of isolated parcels

• improve the condition of river, lake and wetland features affected by diffuse water pollution and/or help reduce flood risk.

4.7.6 Actions for Priority Species

In England, Countryside Stewardship is the main way of supporting changes in land management that are necessary to meet many of our national and international commitments to species conservation. In particular, under:

• the Conservation of Habitat and Species Regulations 2017

• the Government’s Biodiversity 2020 commitment to priority species

• the Government’s National Pollinator Strategy.

Conservation of most of England’s priority species need land management partly or wholly delivered by Countryside Stewardship (and previous schemes).

Meeting these management requirements typically involves:

• setting requirements for options that is specific to the individual case

• using the WPFWP to provide the right combination of options (read Section 4.7.4 and Annex 4)

• using the threatened species supplement.

You can find out which Countryside Stewardship species and habitat priorities there are in your local area using the information in Section 4.7.2.

4.7.7 Water and air quality issues, including run-off and soil erosion risk

Some management options and capital items can be used to help improve the quality of water and air on your farm, and in your local area.

If there is run-off and soil erosion risk identified on your FER, consider whether any grants would resolve the problem and include them in your application.

You should also use the information in Section 4.7.2 and Annex 7 to identify any areas of your holding in high, medium or low Countryside Stewardship water quality priority areas. Focusing on water quality issues is particularly important if your land is in a Countryside Stewardship High Priority Area for Water or Air Quality. If it is, you may be able to get advice from a Catchment Sensitive Farming Officer (CSFO) or apply for grants that are only available with their approval. You must contact your CSFO at least 6 weeks before you intend to submit your initial application otherwise there is no guarantee that your request will be considered.

With this information you can decide whether water and/or air quality grants are appropriate for your application. If you need advice to adopt a Recommended Fertiliser Management Plan contact your local CSFO.

Read more general information on the Catchment Sensitive Farming Programme: reduce water and air pollution on GOV.UK.

The approval to include certain options and capital items in your application does not guarantee that the option/capital item will be in any Agreement offer and it does not guarantee an Agreement offer.

4.7.8 Organic conversion and management

Higher Tier provides 16 options that are only available to organic farmers and land managers. These include options for conversion to organic status (OR1 – OR5) and to continue to manage existing organic land (OT1 – OT6 and OP1 - 5). Other scheme options and items must be included in the agreement but only if they are compatible with organic status. You should apply for the Mid Tier if you want to choose only organic options.

To apply for the Organic Management options you must be registered with an Organic Control Body (OCB) on GOV.UK, for the full period of the agreement. If the organic registration is not in place for the full agreement period, then all the organic payments will be recovered.

If you choose to apply for the Organic Conversion options you must keep your organic registration from the start of your organic conversion period through to the end of the agreement.

Conversion payments will normally be paid for up to 2 years, except for permanent crops such as fruit trees where a 3 year conversion period applies. It is possible to phase conversion, but all the land must be converted before the end of your Countryside Stewardship agreement.

To be eligible for the Organic Conversion options you must either:

• have completed a Conversion Plan, which must be approved and signed-off by your OCB; or

• have completed a Viability Plan, for land which does not have a signed-off Conversion Plan at the time you apply. If you use a Viability Plan you must get an approved and signed-off Conversion Plan from your OCB before claiming any conversion option payments.

You must keep all evidence of organic certification and schedules as we may ask to see them.

Organic Conversion payments are not available on your land if your business has previously received any Organic Conversion payments under a previous scheme, such as Organic Entry Level Stewardship (OELS).

4.7.9 Agreement duration

Some Higher Tier agreements last for more than 5 years. This is the case:

• Where any of the options in the table below are used. This is because these options involve complex changes with long-term impacts on environmental conditions and land use. Only these options remain under agreement for 10 or 20 years. Any other options in the agreement last for 5 years, after which they drop out of the agreement.

• On all commons and shared grazing land. Agreements on this land last for 10 years. These agreements can only include land parcels that are common or shared grazing land. Read Annex 6 for more details and definitions.

Option	Option Duration (years)
Creation of coastal sand dunes and vegetated shingle (CT2)	10
Creation of inter-tidal and saline habitat on arable land (CT4)	20
Creation of inter-tidal and saline habitat by non-intervention (CT5)	20
Creation of inter-tidal and saline habitat on intensive grassland (CT7)	20
Creation of wet grassland for breeding waders (GS11)	10
Creation of wet grassland for wintering waders and wildfowl (GS12)	10
Raised water level supplement (SP2)	10
Making space for water (SW12) 20 Year	20
Management of moorland (UP3)	10
Creation of reed bed (WT7)	10
Creation of fen (WT9)	10
Creation of traditional orchards (BE5)	10
Restoration towards species-rich grassland (GS7)	10
Creation of species-rich grassland (GS8)	10
Creation of grassland for target features (GS14)	10
Restoration of forestry and woodland to lowland heathland (LH2)	10
Creation of heathland from arable or improved grassland (LH3)	10
Woodland creation - maintenance payments (WD1)	10
Restoration of wood pasture and parkland (WD5)	10
Creation of wood pasture (WD6)	10

4.8 Submit the initial application

Read the information included with your application pack. This will tell you how to submit your application forms and any supporting documents.

You must request your application pack by 31 March. You then need to complete and submit your initial application by 30 April. Read Section 2.

You can withdraw a submitted application in writing at any time before the closing date. If there is time, you can resubmit another application to replace it.

4.9 After your initial application: step by step guide

Step 1 – Initial application checks and scoring

• We will acknowledge receipt of the initial application.

• We will check each initial application for eligibility.

• Natural England and the Forestry Commission score and rank applications as described in Annex 3, except applications for organic conversion and management options. Countryside Stewardship is competitive and not all applications are successful.

• We will tell you if your application has been successful or not.

• If your application is rejected we will give you the reason. Read Section 4.14.

Step 2 – Final application development: read Section 4.10

• If your initial application is successful, you need to develop it into a final application by 31 August.

• Natural England and/or Forestry Commission will support you to do this by providing recommendations.

• If your initial application is successful but you have not yet submitted a HEFER, we will request one for you at this point. Read Section 4.10.1.

Step 3 – Get all applicable consents, permissions and evidence

• You must arrange all necessary consents, permissions and evidence that you need for your application by 31 August. You must keep this evidence as we may ask to see it. Read Sections 4.11 and 4.12 for more information.

• You must submit any requested ‘baseline’ (BEHTA) evidence by 30 September. Read Section 4.10.2 for more information.

• You need to allow plenty of time to arrange these.

Step 4 – Conclusion of Negotiations: read Section 4.13

• We no longer send Conclusion of Negotiations letters or Negotiated Schedules. Natural England and/or the Forestry Commission work with you to develop your final application. When negotiations are completed between Natural England and/or Forestry Commission and you, Natural England and Forestry Commission will send the agreed final application directly to RPA.

Step 5 – Agreements are offered

• When we offer you an agreement, we will send you a declaration to sign. If you want to accept the agreement, sign and return the declaration by post within 20 working days.

• If there is SSSI land in your agreement offer, you must send a copy of the offer, along with a Notice form, to Natural England to request SSSI consent. You can download the Notice of proposal to cause, carry out or permit an operation requiring Natural England’s consent on a site of special scientific interest (SSSI) form from GOV.UK. We will withdraw the agreement offer if you do not secure consent from Natural England.

• You can email the copy of the offer and the completed Notice form to Natural England at: [email protected]. If you are unable to email them then you can post them to: Natural England, County Hall, Spetchley Road, Worcester WR5 2NP.

Step 6 – Agreement starts

• If you accept the agreement in time, we will send you a letter to confirm that your agreement will start on 1 January 2022.

4.10 Final application development

If your initial application is successful, you need to develop it into a final application by 31 August. Natural England and/or Forestry Commission will support you to develop your final application.

Depending on your application this support could involve:

• applying the recommendations of the HEFER consultation response. Read Section 4.10.1. You may need to consult with Historic Environment organisations

• Natural England recording the current condition and extent of agri-environment features. Read Section 4.10.2

• Forestry Commission assessing the proposals on the ground to make sure they meet with scheme rules and the UK Forestry Standard finalising the selection of grants, to produce the agreed environmental outcomes. This may be in negotiation with Natural England, Forestry Commission and/or Historic England

• agreeing requirements

• getting quotes for some capital items

• consulting Natural England about any SSSIs

• getting any consents and permissions that are needed. Read Section 4.11

• carrying out soil sampling and analysis, if appropriate. This must be done in time to help you make your final grant choice

• getting other evidence for your application. Read Section 4.12.

4.10.1 Historic Environment Farm Environment Record (HEFER)

If your initial application is successful, we will request a HEFER from historic environment organisations. This will provide you with free information about the historic environment on your land.

You should receive an email (this will take 20 working days from the date we request it for you) to tell you that the HEFER response is available. You must follow the link in the email to download the HEFER response. This is from the SHINE website, which includes information about the Selected Heritage Inventory for Natural England (SHINE). If you do not have an email address, you can ask us to send your HEFER by post. You should use the information provided in the HEFER to help you choose appropriate options and capital items. You must add the information to your FER. If you have any SMs read Section 4.11.1.

HEFER reports are valid for 3 years. If you have a HEFER report that is less than 3 years old that covers all land parcels in your application, you can use this to support your application. If you are aware of any historic features discovered after the HEFER was made, discuss this with your Natural England and/or Forestry Commission adviser.

4.10.2 Baseline Evaluation Survey

All agri-environment only and mixed applications need a ‘Baseline Evaluation of Higher Tier Agreements’ (BEHTA). This is not required for woodland-only applications.

The BEHTA records the condition and extent of features at the time the application is made. This provides an environmental baseline that can be used for checking the agreement in the future.

Comparison with the baseline gives a measure of progress in achieving environmental outcomes. This data can also be used to help:

• choose appropriate grants

Where needed, your Natural England adviser will complete the BEHTA. This usually includes a survey of the land included in your application. Where there is suitable existing baseline evidence, a full survey may not be necessary.

4.11 Get consents and permissions

You are responsible for arranging all relevant consents, permissions, exemptions and written advice needed for your application. You will not be paid for any work undertaken without all the necessary consents and permissions being in place before you begin any work.

In some cases, you will not be offered an agreement if these are not in place.

You can find guidance in this section and by using the Countryside Stewardship grants (known as the grant finder) on GOV.UK. Read Section 4.7.3.

To make sure you submit a valid application:

• identify the consents and permissions you need as soon as you start your application. This will depend on any designations attached to your land and on the options that you choose to include in your application

• contact the relevant organisations shown in the guidance for advice and consents, where required

• provide us with the evidence needed to support your application.

You may be unaware of some of the consents and permissions you need until after you have received advice or reached a certain stage in your application development. You should contact the relevant organisations as soon as you are aware of these requirements.

4.11.1 Consents

Examples of the kinds of permissions and consents you may need are explained below.

Site of Special Scientific Interest (SSSI)

If your Higher Tier application includes SSSI land, you will need to request any necessary SSSI consents from Natural England. You can only request SSSI consent once you receive your agreement offer. You must send a copy of the agreement offer, along with a Notice form, to Natural England. You can download the form, Notice of proposal to cause, carry out or permit an operation requiring Natural England’s consent on a site of special scientific interest (SSSI) from GOV.UK.

You can email the copy of the offer and the completed Notice form to Natural England at: [email protected]. If you are unable to email them then you can post them to: Natural England, County Hall, Spetchley Road, Worcester WR5 2NP.

If you do not secure consent, your application will be rejected and your agreement offer will be withdrawn.

Natural England can also advise on management or changes needed to keep or bring the SSSI land into favourable condition through Countryside Stewardship.

Contact Natural England as early as possible to discuss this.

Scheduled Monuments (SMs)

If you have an SM on your holding, the HEFER advice will give you management recommendations from Historic England. This will include advice on how to maintain or bring the SM into favourable condition and protect the feature of historic interest.

Some work may need Scheduled Monument consent from the government (advised by Historic England). For example, soil sampling, fencing, gateways and water supplies.

If you have an SM you must:

• contact Historic England for further information and to find out whether or not you need Scheduled Monument consent

• include an appropriate option in your application

If the SM has been classed as ‘essential’ by Historic England, you must include options to achieve the specified outcome. You must not choose options that are damaging to HEFER features.

You can get advice on whether you can do the work so that it avoids a negative impact on the SM. Historic England can also advise whether proposed works are acceptable in relation to:

• listed buildings

• registered parks and gardens

• registered battlefields.

Protected Species

You may need a wildlife licence, which you should keep for evidence, if any activities in your application may affect protected species. You can read more information at Managing wildlife on your land on GOV.UK and Section 3.1.7.

Work affecting water

You may need consent from the Environment Agency (EA), Internal Drainage Board or Local Authority for management that will affect any watercourses. This includes work:

• to a watercourse

• within 8m of a watercourse

• within the flood or coastal plain (for example, excavation work for a pond).

You do not need consent to establish arable margins.

You do not need to provide evidence of consent or evidence that such consent is not needed with your application. If required, you will need to have consent in place before you carry out any work. You will need to submit this evidence with your payment claim.

If you need any of the following consents, you will need to arrange this well in advance of the application deadline because it can take up to 2 months:

• land drainage consent

• discharge consent

• an abstraction licence.

You may need to get consent from EA for any work associated with the following:

• pesticide treatment

• water extraction

• storage of slurry, silage or fuel oil.

You can find contact details for your local Environment Agency office on GOV.UK

If your land has significant erosion problems, or is causing pollution, you need to resolve this before you can be considered for an agreement. This is particularly important in sensitive river catchments.

Tree planting

Tree planting for air quality must be planned to ensure there is no harmful effect on priority habitats and species or historic environment features (read section 4.8.3 and 4.9) and will need approval of a CSFO. Any applications including tree planting must follow the EIA Regulations for Forestry and you must consult the UK Forestry Standard for good practice for creating woodlands. Any match-funding with other sources of tree planting/woodland creation grant funding should follow the rules for Exchequer funding.

Work on trees and hedges

You may need permission for work on trees that are under a Tree Preservation Order (TPO). If this applies to you, contact your Local Authority or National Park Authority. Read more information on Tree Preservation Orders and trees in conservation areas on GOV.UK.

You may need a Forestry Commission Felling Licence to remove trees or manage hedges. This applies whether they are in woodland or not.

You can fell up to 5 cubic metres and sell up to 2 cubic metres of timber without a felling licence each calendar quarter. If you plan to fell or sell more, you must get a felling licence before your agreement offer can be issued. Read more information about tree felling licences on GOV.UK.

You do not need to provide evidence of any TPO permission or a felling licence with your application. If required, you will need to have the consent before you carry out any work. You will need to submit this when you make a claim for this work.

Consultation for woodland schemes

Proposals for tree felling or creating new woodland are published on the public registers on GOV. UK for a period of 28 days. During this time comments on the proposals can be made. Statutory bodies with an interest in the project area are also consulted directly, as required.

Responses from consultation will also help the Forestry Commission decide whether a proposal is a relevant project which will need an Environmental Statement, as required under the EIA (Forestry) Regulations (England and Wales) 1999. Read more about Environmental Impact Assessments for woodland on GOV.UK.

When an EIA Opinion is made or Consent is granted by the Forestry Commission, the outcome is published on the EIA Register. Access the public register for environmental information on GOV. UK.

Listed buildings

If you are proposing work to any listed building(s) you must discuss this with your Local Authority or National Park Authority. They will advise whether you need Listed Building consent.

Conservation Areas

If any part of your holding is in a conservation area, you must contact the Local Planning Authority or National Park Authority. This is particularly important if you intend to work on trees, buildings, boundaries or other structures.

Work affecting Public Rights of Way

If you intend to erect a new fence or other boundary that crosses a public right of way, you need to get authorisation from the local Highways Authority.

Common land

If you include common land or shared grazing, in your application you must check if the work requires consent. Before applying for consent, you must consult stakeholders. For details, read Annex 6. If the work also needs an Environmental Impact Assessment (EIA) and/or planning permission, you must usually:

• carry out discussions as above, before seeking these permissions

• get these permissions before seeking consent for work on the common.

4.11.2 Permissions

Planning permission or General Permitted Development Order (GPDO) consent

It is your responsibility to find out whether planning permission for certain work is required. Your local Planning Authority or National Park Authority can give you informal advice on whether a proposal needs planning permission or GPDO consent.

Most routine agricultural operations do not need planning permission because:

• they are not regarded as ‘development’ under planning legislation or

• they are ‘permitted development’ that is ‘reasonably necessary’ for agriculture.

Other operations may need GPDO consent. For example, creation of ponds, tracks or roofing capital items.

For general guidance on planning (not farm-specific) read Planning practice guidance and/or plain English guide to the planning system on GOV.UK.

You do not need to provide evidence of planning permission or GPDO consent, or evidence that such permission is not needed, with your application. However, if you apply for FY2, you do need to let us know that planning permission is not required. If required, you will need to have permission or consent in place before you carry out any work. You will need to submit this evidence when you make a claim for this work.

4.11.3 Environmental Impact Assessment Regulations

Agriculture

These regulations protect environmentally significant areas which are mainly uncultivated land and semi-natural areas, from damage by activities which increase the land’s agricultural productivity.

For more information, read EIA (Agriculture) regulations: apply to make changes to rural land on GOV.UK.

A semi-natural area will need a screening decision before activity starts, whether the land is uncultivated or not.

If activities or works which increase the productivity of uncultivated or semi-natural land form part of a proposed Countryside Stewardship application, you must contact Natural England for further advice. Contact the Environmental Impact Assessment helpline on 0845 600 3078.

Particular consideration should be taken where land has been in schemes for over 15 years that has created habitat. This may now be considered as semi-natural under the EIA (Agriculture) Regulations on GOV.UK and will need a screening decision before starting any work that may improve the land’s agricultural productivity.

Also, if land has been reverted to grassland for a period of time and holds historic environment features, it will need a screening decision where those features are regionally significant or more, and you wish to convert those grasslands to arable.

Forestry

You will need to contact the Forestry Commission if you are applying:

• to change land use by felling trees that are too small to need a felling licence

• for support for woodland infrastructure.

This is so that they can assess the environmental impact of the work.

You do not need to cover this work with an application for a felling licence.

Contact your local Forestry Commission adviser for guidance. Contact details for the Forestry Commission are available on GOV.UK along with general guidance on Environmental Impact Assessments for woodland.

4.12 Other evidence required at application stage

You should keep evidence to show that you, the business, land and grants are eligible, and have it available on request as we may ask to see it.

4.12.1 Identify the evidence and supporting documents you need

You must retain any other evidence (such as photographs) set out under the management options and capital items. Read more information at: Countryside Stewardship grants (known as the grant finder) on GOV.UK and have it available on request as we may ask to see it in support of your application.

You must check what supporting documents are required for each option and capital item. Your application form and the guidance received with it should also help you to identify any supporting information you need to submit.

4.12.2 Business viability test

For applications including capital expenditure of over £50,000 in total, you must submit a statement from a registered accountant (for example, a chartered accountant or certified accountant). This is to confirm that the business or SBI has the resources from trading profits, reserves or loans to undertake the work in the proposed agreement schedule.

Where confirmation from an accountant is needed, the accountant will need to provide a letter on headed paper which confirms at least the following:

• they are a registered accountant

• they act as the accountant for the applicant

• they can confirm that you as the applicant have sufficient finances to complete the capital works in your application and how these funds will be sourced, for example, savings, loan, etc

• their understanding of the total value of the capital works in the application.

If your application includes more than £500,000 of capital items, we will also review 3 years of your relevant business accounts or other evidence. This is to confirm that you have the administrative, financial and operational capacity to meet the agreement requirements.

4.13 Conclusion of negotiations

Natural England and/or Forestry Commission will support you to develop your final application. When these negotiations are completed, Natural England and/or the Forestry Commission will send your final application direct to RPA. We no longer send a Conclusion of Negotiations letter or Negotiated Schedule to you. No further changes can be made to the application after 31 August.

We will check the application and any required evidence before we make an agreement offer. We will send the agreement offer to you with a declaration slip for you to sign and return by post within 20 working days of the date of the letter to accept the offer.

4.14 Why applications may be rejected

We may reject an application at any stage if it:

• does not meet eligibility criteria

• does not score highly enough to meet the minimum threshold

• does not score highly enough to be prioritised against the available budget

• is likely to cause harm to the environment

• is incomplete by the final submission date of 31 August.

• does not have all necessary supporting evidence by 31 August.

You have the right to appeal, as set out in Section 6.10.

If your initial Higher Tier application is unsuccessful, an adviser may discuss with you if it is suitable for a Mid Tier agreement.