New tree rules hit Welsh BPS claims

Large numbers of Welsh farmers are being penalised for “overdeclaring” land in their BPS claims.

Wooded areas included in claims seem to be causing many of the problems, say land agents.

Under the new rules in Wales, land with tree densities of more than 100 trees/ha is ineligible for BPS applications.

See also: Farmers warned to take care over CAP claims in Wales

EU BPS guidance also states that areas with clusters of three or more trees creating a canopy of more than 100sq m are ineligible for claims.

Agents acting on behalf of farmers say imagery of groups of trees and structures are creating shadows, which are causing confusion when government staff use aerial photographs on computer maps to verify claims.

This has resulted in large deductions being made to the eligible areas farmers have submitted on their Single Application Forms (SAFs). In some cases, this has triggered penalties.

John Crimes, of Cymru Agricultural and Rural Advice (CARA Wales), said the majority of claims he submitted have subsequently had land deducted.

He explained: “The Welsh government has reduced the area we have declared on virtually every claim that has been paid so far. We have been very careful to measure and take out trees and other features, but it has been a waste of time.’’

However, Mr Crimes said government staff had been unwilling to explain why areas had been deducted.

He added: “They will only tell us where the areas are – we really are in the dark. In most cases, it seems to be shadows from trees and structures. We have had one case of a 3.5ha clean field being deducted.

“When farmers receive the paperwork it gives a list of the fields where land has been removed, but not an explanation. We re-examine the maps and it is quite obviously clean land. The only way we can counter this is to lodge an appeal, which wastes time and is costly.

“We have to find the payment statement, identify the fields that have been deducted, remeasure them and lodge an appeal.”

Rory Francis, a spokesman for Coed Cadw (the Woodland Trust), said: “This is an overliteral interpretation of the EU rules which penalise farmers under BPS for having clusters of trees on their land.

“Trees can play a valuable role in sheltering livestock from the summer heat, yet the Welsh government’s interpretation of EU rules penalises farmers for having tree clusters on their land.”

Mr Francis said the Woodland Trust would be seeking to find out if there had been an increase in tree felling licences among Welsh farmers and landowners since the new BPS rules were announced.

But he warned farmers against cutting down trees or pruning tree canopies to try to circumvent the rules.

“It’s our understanding that the Welsh government will look at an aerial photograph and say: ‘It was an area more than 100sq m last year. We can see you have cut trees down. Did you have permission to do so?’”

The Welsh government said its new streamlined appeals process had been introduced to allow farm businesses to easily appeal decisions they believe to be inaccurate.

“Farmers can contact Rural Payments Wales with their customer reference number, trading title and field references so officials can carry out a reassessment,” said a spokesman.

Case study: Thomas family, Plynlimon

The future of a Welsh hill farm is in doubt after the Welsh government deducted 49ha from its BPS claim.

The Thomas family, who produce sheep on one of Wales’ highest farms, submitted a claim for 443ha. It was alleged that they had over-claimed by just over 24ha and under the Welsh government’s penalty system, this was doubled to 49ha.

Sarah Thomas, who farms with her husband and two sons, insisted that the disputed area is clean land.

“It doesn’t make any sense, we are entitled to claim on that land and because of that we are going to fight it,” said Mrs Thomas, who farms Eisteddfa Gurig at Plynlimon, near Aberystwyth.

“We understood that farmers were losing a little bit here and there but nothing as great as this.”

An appeal has been lodged but Mrs Thomas said the situation had caused great worry for her family.

They run a flock of 900 ewes and have extended their overdraft to pay for feed because they have yet to receive the first 80% of their BPS.

“We have been assured that this will be paid in the next day or so but things are getting desperate,’’ said Mrs Thomas.

“If we lose our appeal we will seriously have to consider the future of the flock, the figures just won’t add up.’’