Dual Use

As the 2012 Dual Use gathering exercise draws to a close the RPA has announced a further one in 2013.  Most claimants selected last year have now responded and it has either been found that the eligibilty requirements can be met for both schemes (SPS and RDP) or they are not actually in a dual use situation at all. 

In 2013 the evidence gathering exercise will be carried out again, but Natural England and the Forestry Commission will be more involved this year.  The RPA will be writing to SPS claimants and Natural England to agri-environment agreement holders.  A larger number of claimants are expected to be contacted this year.  We understand that the RPA will be wanting to see the full tenancy agreement, but Natural England will only be asking to see a letter signed by both parties which includes the relevant clauses to support Dual Use.  The evidence gathering operation is expected to commence in July.

To re-cap, Dual Use is where a land parcel is used by two different parties to claim under two different schemes.  The most common occurrence is where the Landlord claims under Environmental Stewardship (e.g ELS, HLS) and the Tenant under the Single Payment Scheme.  DEFRA has always maintained this is perfectly legal as long as their land occupation arrangements and management meet the eligibility requirements for both schemes;

• For SPS land must be ‘at your disposal’
• For RDPE schemes (Environmental Stewardship) claimants must have ‘management control’ of the land.

Where there are clauses in the Tenancy to ensure the Tenant complies with the Stewardship agreement, there must be evidence that the Tenant has been shown details of the Stewardship agreement.  Oral evidence will not be accepted.  Written evidencemust either be contained in the Tenancy or in the form of a written letter.  It must set out both parties’ position and clearly show theStewardship requirements which need to be met by the Tenant.  It should be signed and dated by both the Landlord and the Tenant before 15^th May 2013.