Dual Use and CSS

DEFRA has finally confirmed how ‘dual use’ will be dealt with under the Countryside Stewardship Scheme (CSS).  Dual use will be allowed for Higher Tier CSS agreements with a start date of 2016.  But with a 30^th September deadline date for applications to the Mid Tier CSS, DEFRA has confirmed dual use will not be permitted for Mid Tier applications with a start date of 1^st January 2016. 

However dual use will be permitted for applications which are made in 2016 for a 2017 start date for both Mid and Higher Tier Agreements.  With such a short notice period before the application deadline date many will be left frustrated and confused as to why it is not allowed for Mid Tier agreements with a 2016 start date but it will be allowed from 2017.  It seems it is more to do with having the correct ‘processes’ in place and the ‘resources’ to do this. Currently everything is being concentrated on processing 2015 BPS claims and trying to get these payments made as well as the current Environmental Stewardship Payments.

Dual use most commonly occurs where a Landlord enters land into an agri-environment agreement and the Tenant uses the same land to claim the Basic Payment on (previously Single Payment).  The EU auditors have never been very happy with this arrangement but DEFRA has fought to continue it.  DEFRA (or RPA) obviously has to be accountable to the EU auditors otherwise face disallowances, which is probably why it is unable to allow dual use for 2016 as it does not have the correct systems in place to show that a Landlord has ‘management control’ over the land for CSS purposes whilst the Tenant has the same land ‘at his disposal’ for BPS claim purposes.

DEFRA has confirmed where a Landlord has already submitted an application any ‘dual use’ land included in a Mid Tier application can be withdrawn.  Dual use will be allowed to continue for existing Environmental Stewardship Agreements (ELS and HLS etc).