FWi and ADAS's David Middleditch have set up this forum thread to answer your queries and provide solutions to common problems.

Please do take part in the forum by either posting your question or providing an answer if you've already found the solution. 

Here's the first one:

Q. As part of my ELS agreement, I have done three management plans: Soil; nutrients; and crop protection. Where do I send them now?

A. Don’t send your plans anywhere! The management plans must be kept on the farm and are intended to be working documents for you to use rather than being kept in a file at Natural England.

You will need to keep them handy to refer to when you start to implement the work you have stated you will be doing during your five-year ELS agreement.

Make sure you record any work you do, including the date on which it was carried out. This will show a visiting Rural Payments Agency (RPA) inspector that your plans are ‘live’ and that work is in progress.

It’s a good idea to review your plans every few months, particularly in the first year or two of your agreement, so that more urgent work gets done. This will help to reduce the risk of non-compliance issues.

Note that you are required to update soil and nutrient management plans (EM1 and EM2) annually. Your review should show clear progress with the work you stated you will be doing, and should also include any new work you intend to do in the light of the previous year’s experience, and any changes on the farm, such as the introduction of different crops or taking on new land.

The other two plans; manure (EM3) and crop protection (EM4) must also be updated following the instructions given for the option concerned. Refer to the ELS Handbook for details on what you should update. For example, storage assessment must be updated in EM3 (manure) if slurry or dirty water production increases.

Finally, well done for completing your plans in the first year of your ELS agreement, as required in the rules of the scheme.

Here's another Q and A from David Middleditch

Q. For the overwintered stubble option, the ELS handbook states that I can’t use a pre-harvest dessicant or post-harvest herbicides. As I have a blackgrass problem in some of my fields I would like to apply for a derogation. How do I go about this?

A. Overwintered stubbles (EF6) are included in the scheme to provide an important winter food source for seed-eating birds, from spilt grain and the seeds and leaves of broad-leaved weeds. Also, weed growth increases ground cover, which helps improve soil stability through the winter – an important objective of ELS. 

This is why the use of pre- and post-harvest herbicides is not permitted. No derogations are available.

Land that has a history of problems with pernicious weeds, such as blackgrass, is probably not suitable for this option.

There are other ways that you can provide winter food for farmland birds and gain a good number of points towards the required 30 points/ha for ELS.

Consider instead EF2 (Wild bird seed mixture). This option, which attracts 450 points/ha, means sowing strips or blocks of a mixture of seed-rich plants such as kale and quinoa. Strips must be at least 6m wide, and each one mustn’t be more than 0.5ha, and no more than one strip or block per 20ha. You can move them to different locations in the same field to avoid the build-up of pests and diseases.

This option is also permitted on set-aside land, provided that you do not already have an obligation to sow green cover. See handbook for further details (ref. EF3).

Bird species that benefit from overwintered stubbles, and from the wild bird seed mixture described above, include tree sparrow, which has declined more than 80% in the past 25 years. But it’s not just birds that benefit; the plants and weeds that grow between them attract insects, such as carabid beetles and wolf spiders, which predate on crop pests.

Overwintered stubbles can follow a wide range of crops, including cereals, rape, linseed or field beans, but not maize or sugar beet.

Whilst you are not allowed to use pre or post-harvest herbicides, a light surface cultivation is allowed before the end of September. This will encourage weed germination, and also loosen any surface compaction or capping. Subsoiling of tramlines is also permitted, which will enable rainfall to infiltrate better, so reducing the risk of surface run-off.

The land must be left untouched throughout the winter until 14 February, after which you are required to establish a spring crop – it cannot be followed by set-aside.

This option is intended to form part of your rotation, so will be moved around the farm and integrated with your cropping plan. The hectarage must remain the same each year.

I  have done my nutrient management plan on the computer using multicrop linked to planet.  Do I have to print it off or is the the fact it is on the computer exceptable

Thank Tim

Regarding CPMP's I think it should be mentioned that the Summary Sheet should be faxed to the NFU on 0247 685 8501 or posted to CPMP returns, Policy Services Dept, NFU, Agriculture House, Stoneleigh Park, Stoneleigh, Warks, CV2 8TZ.  This is highlighted on the front of the CPMP.

If I take up an ancient woodland protection option in the HLS scheme and fence off stock from the area (currently grazed), will I, as I think, be ineligible to claim SPS on that same area. I have read numerous things on the subject and several appear to contradict each other.

Origionally it was envisaged that HLS options would stack on top of the environmental measures in the SPS but I am not sure that is the case. I think several are mutually exclusive.

 

Tim

You're required to keep a copy of the plan on the farm and have it available for inspection.  My suggestion would be to print a copy, as it's not that uncommon for computers to have problems and for data to be lost.  Also, a signed and dated copy is a good way to demonstrate that you’ve updated the plan at the start of each cropping year.

Regards,

David

Thanks for raising that.  I understand that is the case when the Voluntary Initiative template is used.  There are other versions of CPMP being used, such as those prepared by agronomy companies.  However, I would have though that anyone can notify the VI that they've completed a CPMP.

Regards,

David

Andy

I'm struggling to clarify this for you, but will persevere.  Page 48 of the HLS handbook says that land is likely to become ineligible for SPS because it is forest or used for non-agricultural purposes - the creation of woodland is shown as an example.  I’ve requested clarification from the Cross Compliance helpline (0845 3451302) on your particular situation, but have yet to hear back.  I’ll respond again as soon as I know more.

Regards,

David

Hi David

Just wondering what advice you would give farmers who are not yet in ELS, or are in ELS and thinking about a HLS application.

What kind of consideration should they give to the muddle the government seems to have got itself into in funding these schemes?

Is it "safe" to join ELS - do you think it will be fully funded? What about HLS? - there seems a much bigger doubt about whether the money is there for this scheme?

Also given rising grain prices should farmers take land out of production for environmental schemes?

Mike

Looking at the top 10 ELS options chosen by farmers in the Eastern region, few seem to have needed to take land out of production, so grain prices appear unlikely to be an issue.  In order of popularity they have been: hedge management (one side), crop protection management plans, ditch management, nutrient management plans, hedge management (both sides), soil management plans, half ditch management, field corner management, and combined hedge and ditch management (with either EB1 0r EB2).

I don’t want to enter into a debate on the RDPE, but speaking to Natural England recently, I understand that Defra remain committed to ensuring that ELS is successful.  I believe that HLS will remain extremely targeted at priority species and habitats, and particularly whilst there are concerns over funding, will be available to a limited number of farmers.  However, given the length of time is takes to put together an HLS application and the Farm Environment Plan (FEP), any farmers currently considering HLS will not be submitting their applications until late in 2007, by which time the RDPE should be approved.

Andy

I've just heard back from the Cross Compliance helpline and they have confirmed that your woodland must be grazed in order to be eligible for SPS.

David

When OELS first came out we were told we could not join as we were in an ESA agreement which could not be swapped for the OELS which would pay about 50% more than our ESA agreement. Has this now changed ? Also as we lay about 500-1000 metres of hedge per year would we need to join the HLS to recieve payment on this and what would it be worth it, on a farm walk the other day the farmer who is in OELS and HLS said we would be better off staying as we are.

If all your land is grass and your ESA agreement is on whole field options then it is my understanding that you cannot go into an OELS agreement until your ESA agreement has finished. However, if your ESA agreement is on part field options, such as cultivated arable margins, then you may still be able to apply for OELS with some conditions. In fields where the ESA option only covers part of the field, you must include the whole field parcel in your application, but, in order to avoid being paid twice for the same thing, you must not locate any OELS options on top of your ESA options (Page 130 of the OELS Handbook). It may be worthwhile contacting your ESA advisor to give you a more definitave answer to your farming situation.

You are right in what you say that ELS/OELS does not pay capital works payments for managements such as hedge laying and you would need to join HLS to receive funding for this. However, this does depends on whether hedges are a target feature in your Joint Character Area. To find out what features are targeted in your area look at the Joint Character Area Target Statements on  http://www.defra.gov.uk/erdp/schemes/jca-ts/default.htm . Some local authorities do provide funding for management of hedgerows so you may want to contact them to see if it is available in your area.

ADAS are currently providing OELS advice on behalf of Defra and Natural England across the country. If you want to book into an event or find out where the events are being held please contact our events booking line on 01954 268301 or look at the event update spreadsheet on www.adas.co.uk/projectfiles/conservation.html . 

 

Thanks, I'm surprised you managed to get an answer out of them as I wasn't able to when I phoned ages ago. It is as I thought though so the payment rate has to be revaluated in light of the loss of SPS on top of the loss of ground though the funding is there for 10 years guaranteed.

However its not how the origional scheme was promoted whereby HLS options were not supposed to peclude you from SPS but I suppose its how many of us have learned the way in which the sytem works.

I have heard that the management prescriptions for establishing Skylark Plots (EF8) has/is going to change to allow farmers to spray off the plots after the crop is drilled, rather than creating the plots by switching the drill on and off. Is this true?

The guidance below was issued by Natural England; 13-12-06.

The first edition of the ELS handbook states that option EF8 or Skylark plots (or the equivalent HF8 option in HLS) are to be established by turning off the drill during sowing to leave a plot unsown. Following discussions between Natural England and industry leads, it has been agreed that an acceptable alternative method is to establish skylark plots by sowing the crop as normal and then spraying out the plots by 31 December using an appropriate herbicide.

This change will be reflected in the next edition of the ELS handbook. However all agreements set up before publication of the next edition will remain subject to the original management requirements - unless the agreement holder uses a derogation to amend them.

Thus existing agreement holders must submit a derogation notice to legitimately spray out skylark plots each year for the remaining term of their agreement.

The agreement holder must use the ELS/OELS Derogation Notice form (ERDP/ELS/OELS/2), or where applicable in HLS the Derogation Request form (ERDP/HLS 2). Both forms can be downloaded from:
http://www.defra.gov.uk/corporate/regulat/forms/erdp/es/index.htm

Only one notice/request form needs to be submitted per agreement; they do not need a separate derogation for each agreement year.

Only sections 1, 2 and 5 of the ELS/OELS Derogation Notice form need to be completed, or sections 1, 2 and 4 or the HLS Derogation Request; it does not need to be counter-signed by an Independent adviser.

In Section 2 the agreement holder should record:
- "Rotational" under RLR field number
- Start and finish dates to cover the remaining duration of the agreement
- For the reason: "Spray out skylark plots using spot application of [x] herbicide by 31st December each year", where [x] is the herbicide they intend to use.

The derogation should not be included in any restriction on the number of derogations permitted during the lifetime of the agreement, as it is dealing with a minor change that we have accepted will be of benefit to all suitable agreements.

Here's January's Q and A from ADAS's David Middleditch:

Q. How often can I travel over buffer strips?

 

A. You are not allowed to use buffer strips for regular access or turning. So, they can’t be used as a means of travelling around the farm, or for accessing fields for field work, or for operations such as grain carting. Nor can they be used as a ‘fallow headland’ for turning when doing fieldwork.

 

The reason for this is to allow a sward to develop that will provide new habitat for small mammals, invertebrates and birds. Also, if a thick tussocky sward develops it will help to protect habitats from field operations. This is particularly important adjacent to watercourses, which are most vulnerable to spray drift and fertilisers. The reduction of diffuse pollution is a top priority, and buffer strips are a key and very effective tool.

 

The only times it is acceptable to take machines onto buffer strips is for cutting, and for work on adjacent habitats, such as ditch cleaning and hedge trimming.

 

There is no reason why you cannot create an additional strip for farm traffic next to your buffer strips. Note that this must be between the crop and the strip, rather than between the buffer strip and the habitat it is protecting.

It is worth taking a little time to read the rules on buffer strips in the ELS handbook. Pages 50 to 55 set out the choice of widths and the rules that govern them.

 

Consider carefully which widths will suit your farm and the machinery you have to manage them.

You should also give careful consideration to siting of buffer strips. After the establishment year – when you can cut as frequently as you think necessary in order to get the sward well established - you are only allowed to cut the strips once over the five year life of your ELS agreement.

 

So, you may not wish to site this option immediately adjacent to a hedge or wood edge containing a lot of vigorously suckering blackthorn, for example. This rule applies to EE1, EE2, and EE3, but not EE4, 5 & 6 (buffer strips on intensive grassland), which may be grazed at certain times of year.

 

Buffer strip options need careful planning at the outset to ensure that they dovetail with any other grassy strips you already have on the farm. Most notably, you should be aware that ELS is ADDITIONAL to cross compliance requirements and public rights of way.

 

Also, they should not be sited next to 6 – 10m set-aside strips that have been established under your SFP entitlement, but they may be sited adjacent to set aside areas wider than 10m. They can run alongside existing 2m or 4m width Countryside Stewardship margins, but not 6m margins.

 

David is quite right that in theory other versions of CPMPs can be used, however the principle alternative used for the VI is the LEAF audit (the EMA audit is also an option). I have not seen any other CPMP templates being used but that does not mean they do not exist. LEAF audits which are acceptable for VI purposes but are a separate ELS option should be returned through the LEAF mechanism, but as David says the VI CPMP summary sheets audits should be returned to the NFU by fax or can be returned online at http://www.voluntaryinitiative.org.uk/Content/CPMPForm.asp

If you have done an alternative CPMP, the NFU will only want the equivalent of a summary sheet

Patrick Goldsworthy, VI Manager

Here's February's Q and A from ADAS's David Middleditch:

Q.  ELS rules say that I am supposed to cut half the area of my pollen and nectar flower mixture just as it is starting to flower and attract breeding birds and insects in June. Can I get a derogation not to cut it?

A.  Half the area must be cut in June to stimulate some later summer flowering to prolong the availability of pollen and nectar for feeding insects, particularly butterflies and bumblebees.

Derogations are unlikely to be available. This is partly because the provision of pollen and nectar would be compromised, and partly because Defra has tried to make ELS as simple, and therefore cost-effective, as possible to administer, so that as much funding as possible goes to the farm.

I do, however, understand your concern for the wildlife that has been attracted into the area. There are a number of things you can do to reduce the risk of nesting birds and animals like hare and deer fawns being caught in the blades of the mower:

• Immediately prior to mowing, the area can be quartered by a dog to flush out game and wildlife.
• Reducing tractor speed will also help give wildlife time to move out of the way.
• A pattern of mowing from the centre of the area outwards will reduce the risk of wildlife being caught in the middle. 
• Setting the mower blades higher means they will pass over without harming any ground nesting birds that sit tight. For this reason ELS rules state that the June mowing should be at 20cm, while the autumn mowing should be at 10cm.

The pollen and nectar flower mixture (EF4) should be a very rewarding option to include in your ELS scheme. The mixed sward of grasses, clovers and vetches are a magnet to a wide range of insects, including crop-pollinating bumblebees and invertebrates that predate on crop pests.

The option has the potential for huge wildlife benefit. Many species of bumblebee association with farmland are declining in numbers, and this sward is designed to give them a real boost. It will be particularly helpful if the area is sited close to sunny banks where bumblebees nest in burrows.

To maximise flowering, it is preferable that cuttings are removed, both from the June cut and when the whole area is cut each autumn.

Note that you can graze the area during autumn and winter. In fact, this is preferable to cutting as it is better for stimulating flowering and draws in more invertebrates, attracted by the dung. This in turn makes the area valuable for a wider range of bird species. Stock must be removed by the end of winter, and poaching must be avoided.