Guidance

EIA (Agriculture) regulations: apply to make changes to rural land

Find out when you need to apply for an environmental impact assessment (EIA) screening or consent decision to change rural land use.

Applies to England

The EIA regulations protect rural land in England that’s uncultivated or semi-natural from changes in agricultural activities that might cause damage by:

  • increasing productivity
  • physically changing field boundaries

Uncultivated land is land that has not been cultivated in the last 15 years by:

  • physical means, such as ploughing or an activity that breaks the soil surface or disrupts the subsoil
  • chemical means, such as adding fertiliser or soil improvers

Semi-natural land includes priority habitats, heritage or archaeological features, or protected landscapes. It’s usually land that has not been intensively farmed, such as unimproved grassland or lowland heath.

You must use this guidance to follow EIA regulations if you want to change rural land use. Failure to follow EIA regulations means you could:

  • be prosecuted
  • be fined up to £5,000
  • have to restore land to its previous condition

EIA regulations are part of cross compliance, the rules you must follow if you have land in:

  • the Basic Payment Scheme
  • Countryside Stewardship
  • Environmental Stewardship

Failure to follow EIA regulations could affect your payments.

Report a suspected breach of the EIA regulations by calling the EIA helpline on 0800 028 2140 or emailing eia.england@naturalengland.org.uk

When to get permission to change rural land

Natural England must decide if your proposal to change the use of rural land is likely to have a significant effect on the environment. You must apply for this decision, known as an ‘EIA screening decision’ before you change rural land. There are several ways to change the use of rural land.

Increasing productivity of land for agriculture

You need a screening decision if you propose to affect uncultivated or semi-natural land by:

  • disrupting the soil surface by ploughing, tine harrowing or rotovating
  • disrupting the subsoil by subsoiling, soil loosening, shakeaerating or paraploughing
  • increasing the use of fertiliser or soil improvers including lime
  • sowing seed that will increase grassland productivity
  • draining land
  • clearing existing vegetation or scrub equal to or above an area of 2 hectares, either physically or using herbicides
  • increasing stock densitydensity, and making changes to stock type and grazing regime periods (including the introduction of supplementary feeding) that will result in improvedthe vegetationland frombeing grazingused more intensively for agriculture

Land under 2 hectares

You cannot work on separate projects under the 2ha threshold which are on the same landholding if they exceed 2ha overall.

Natural England also needs to consider proposals to change land under the 2ha threshold that’s of regional significance if it:

  • is semi-natural
  • has heritage features, such as above or below-ground archaeological sites
  • has special landscape features, such as historic parkland

Restoring semi-natural grassland or semi-natural heathland

You need a screening decision if sowing seed for the restoration of land disrupts the soil surface and increases agricultural productivity.

Altering field boundaries

You need a screening decision if you intend to:

  • add or remove field boundaries that are over 4km long
  • add or remove field boundaries that are over 2km long on land in protected areas, such as a national park, area of outstanding natural beauty or site of a scheduled monument
  • add new fencing on common land that meets the same criteria above (these were previously exempt from the regulations)

Moving or redistributing earth

You need a screening decision to add, remove or redistribute earth or other material if it’s:

  • 10,000 cubic metres or more
  • an area of 100 hectares or more

For land in a protected area, such as a national park or area of outstanding natural beauty, you need permission to add, remove or redistribute earth or other material if it’s:

  • 5,000 cubic metres or more
  • an area of 50 hectares or more

You do not need permission to:

  • replace nutrients on semi-natural land as long as it does not result in increased agricultural output - for example applying low levels of lime or farmyard manure to a hay meadow as part of its traditional management
  • introduce mixed wildflower seed
  • clear invasive non-native vegetation

Apply for a screening decision

You must apply for a screening decision before changing rural land that:

  • is equal to or over the 2ha threshold
  • meets the criteria under the 2ha threshold

You must provide an environmental screening report (ESR) with your application.

Your ESR needs to include:

  • a full description of the project and its effect on the environment
  • map and plans for the project and the area likely to be affected
  • descriptions of the environmental sensitivity of the project
  • landscape, biodiversity and archaeological assessments where required - it may save time if your ESR also includes responses received to any consultations you have undertaken
  • details of any mitigation that will lessen the effect of the project
  • an appended collection of your evidence

Landscape assessment

You’ll need a landscape assessment for projects that:

  • add or move field boundaries
  • redistribute earth or other materials
  • change the structure of your agricultural landscape

Your assessment needs a:

  • desk assessment
  • field survey carried out by a qualified agent or consultant
  • summary assessment of your project’s effects on the landscape

Your desk assessment will describe the landscape qualities and the field survey should verify these findings. You can get landscape information from your local council and by consulting:

Your desk assessment needs to include:

  • a local landscape character assessment using information from the National Character Area (NCA) profiles
  • identification of the project area’s landscape qualities
  • the potential effects of the project
  • a 1:25,000 scale map of the area from which the project is theoretically visible, known as the zone of visual influence

Your field survey will:

  • verify the desk assessment with clear photographic and mapped evidence of the landscape and its condition
  • summarise the project’s effect on the landscape characteristics

Your summary assessment needs to include the effect of your project on the landscape.

Biodiversity assessment

ESRs for uncultivated land projects will need a biodiversity assessment. This includes a desk assessment verified by a field survey where needed. A summary assessment should include your project’s effects on biodiversity.

Your desk assessment needs to show what biodiversity is present. You can get biodiversity data from the MAGIC website and by consulting:

Using data from your consultations, verify:

Your field survey will be used to verify the findings of the desk assessment including assessing habitat condition. If you’re not disputing consultation results, you do not need a field survey. Your summary needs to include the effects of your project on the habitat, and any protected species.

Archaeology assessment

Your assessment needs to verify the effects of the project on any areas of archaeological or historic interest on the site. A qualified person such as the county archaeologist can provide this information. You can also consult:

Your consultations will verify:

  • any archaeology or historic environment features within or near the project area
  • the significance of the archaeology or historic environment
  • the project’s effect on the archaeology or historic environment
  • how to best minimise the effect of the project

It’s an offence to provide false or misleading information in your application.

Submit your EIA screening application

Complete the relevant form for projects that:

  • increase the productivity of uncultivated land or semi-natural areas for agriculture Form EIA 1
  • physically restructure rural land holdings Form EIA 1a

Screening application decision timescales

Natural England will:

  • decide whether your proposal is likely to have a significant effect on the environment
  • try to reach a decision within 35 days from receipt of a valid application

It may take longer if Natural England needs further information or to consult interested people or organisations.

Natural England may not be able to make a decision if you do not provide enough information.

Ensure that your ESR contains the required information. Include responses you have received to consultations you have made when carrying out:

  • landscape assessments
  • biodiversity assessments
  • archaeological assessments

This will reduce the risk of Natural England asking you to provide more information.

A screening decision is valid for 3 years.

You must get all other permissions and changes to land management agreements approved before you can start work, such as:

  • making sure your proposal does not breach the requirements of a Countryside Stewardship agreement
  • getting permission from the Environment Agency if your proposal includes spraying within one metre of a watercourse

Apply for a consent decision

Natural England’s screening decision will determine whether your proposal is likely to have a significant effect on the environment. You’ll need permission, known as a ‘consent decision’, to carry out works if this is the case.

To apply for a consent decision you need to prepare an environmental assessment report. Use an experienced specialist, such as your environmental consultant to do this. You can discuss your report with Natural England before submitting your application.

Natural England can tell you what your environmental statement and consent application should contain (known as a ‘scoping decision’). Natural England will send you their scoping opinion within 5 weeks of your request. You must base your environmental assessment report on the advice you get from Natural England.

You must start projects that have been granted consent within one year of the consent date and complete it within 3 years. You must re-apply for consent if you miss the deadline.

Consent and screening decisions

Natural England will publish its consent decision so it’s available to anyone local to the relevant land. This may be in a newspaper or a public notice in a town hall or library.

Notice of applications for consent received by Natural England

EIA 3140: application for consent to change rural land at Titch Hill Farm, Sompting, West Sussex.

Outcome of Natural England’s screening decisions

See the public register of screening decisions (ODS, 250 KB) made under the EIA (Agriculture) regulations.

Notice of consent decision - Reference EIA 2936 (PDF, 143 KB, 1 page)

Appeal against a screening or consent decision

You must email your appeal to the Secretary of State for Environment, Food and Rural Affairs within 3 months of Natural England publishing the decision notice.

Email: eia-appeals@defra.gov.uk

Contact

For further advice contact:

Environmental Impact Assessment (EIA) (Agriculture) Unit

Email eia.england@naturalengland.org.uk

Freephone 0800 028 2140

Covid-19 update
Whilst offices are closed, do not send enquiries by post.

Published 16 September 2014
Last updated 64 AprilMay 2023 + show all updates
  1. Under heading 'Increasing productivity of land for agriculture' - amended bullet 7 from 'increasing stock density that will result in improved vegetation from grazing' to 'increasing stock density, and making changes to stock type and grazing regime periods (including the introduction of supplementary feeding) that will result in the land being used more intensively for agriculture.

  2. Added link to application for consent to change rural land at Titch Hill Farm, Sompting, West Sussex.

  3. Added a sentence to the Consent and screening decisions section: There are currently no open public notices. A link will be added to any open public notices as and when required.

  4. Updated public register of screening decisions.

  5. Screening application decision timescales information updated.

  6. Added detail on what you should include in your environmental screening report (ESR). Added new section - screening application decision timescales. Includes guidance on reducing the risk of being asked to provide more information for your ESR.

  7. Updated public register of screening decisions.

  8. Added how to report a suspected breach of the EIA regulations by calling the EIA helpline on 0800 028 2140 or emailing eia.england@naturalengland.org.uk

  9. Added consent application EIA 2845.

  10. Added information to the sections 'Increasing productivity of land for agriculture' and 'Uncultivated land is land that has not been cultivated in the last 15 years' to include information about the effects of subsoil disrupting activities.

  11. Removed attachment 'EIA notice of consent - 2892' because the 6 week notice period is now closed.

  12. Added Notice of consent decision - Reference EIA 2936

  13. Published a notice of consent decision for Reference EIA 2892

  14. Added a notice of application for consent received by Natural England.

  15. Updated public register of screening decisions.

  16. Added a Notice of application for consent received by Natural England.

  17. Added the Environmental Statement for a consent application.

  18. Updated public register of screening decisions.

  19. Updated public register of screening decisions.

  20. Public register updated.

  21. Replaced public register with version updated to 3 August 2018.

  22. Following feedback, added more information around what is required in a Environmental Screening Report(ESR)

  23. Changes to EIA Regulations mean you must apply for a screening decision before changing rural land that’s equal or over the 2ha threshold, or meets the criteria under the 2ha threshold.

  24. Consent application added.

  25. This guidance has been updated for when you'll need consent to make changes to rural land if you're restoring grassland and heathland.

  26. Updated public register dated May 2016.

  27. Added notice of consent decision for Thorpe Tilney and updated version of the public register.

  28. Added updated version of the EIA public register.

  29. Added new version of the public register document.

  30. Notice of application for Natural England's consent published for land at Thorpe Tilney

  31. Added updated version of public register.

  32. Updated version of the public register added.

  33. Notice of Natural England consent decision added

  34. Public register updated.

  35. First published.