Guidance

Check if you need a screening decision

Updated 14 October 2024

Applies to England

• Publication for Northern Ireland
• Publication for Scotland
• Publication for Wales

Environmental Impact Assessment (EIA) (Agriculture) Regulations protect uncultivated land and semi-natural areas from damage caused by the introduction of or changes in activities that improve the productivity of land for agriculture.  

They also protect land from negative environmental effects from physical change to rural land by restructuring.  

Natural England will decide if your proposal to change the use of land is likely to have a significant effect on the environment. You must apply for this ‘EIA screening decision’ before you make any changes.

Check if you need a screening decision to:   

• increase the productivity of uncultivated land 
• increase the productivity of semi-natural areas (SNAs) 
• restructure rural land

Note that some cultivated land may still be a semi-natural area.

Check your land type   

Check to see if your land is classed as uncultivated, a semi-natural area, or rural.   

Uncultivated land 

Uncultivated land is land that you have not cultivated in the last 15 years by: 

• physical means, such as ploughing, breaking the soil surface or disrupting the subsoil 
• chemical means, such as adding organic or inorganic fertiliser or soil improvers  

Land is also uncultivated where there is no evidence to confirm past management practice.  

Semi-natural areas (SNAs)  

SNAs include priority habitats, heritage or archaeological features and protected landscapes. If you’re not sure if an area is semi-natural, contact Natural England for advice. 

Priority habitats 

Land that includes at least one of the habitats of principal importance in England. Priority habitats are usually found on land that has not been intensively farmed. 

Arable field margins which meet the priority habitat description in the UK Biodiversity Action Plan Priority Habitat Descriptions report are only semi-natural areas if they either:

• support heritage or archaeological features
• occur in a protected landscapes

Field margins that meet the definition of another priority habitat are also semi-natural areas.

Heritage or archaeological features 

Land that contains or is likely to contain historical and archaeological features of at least regional significance. This includes nationally significant designated heritage assets such as: 

• scheduled monuments, including the setting of the heritage asset 
• registered Parks and Gardens of Special Historic Interest 
• registered Historic Battlefields 

Heritage or archaeological features can also include non-designated heritage assets of regional significance. 

Protected landscapes 

Land within: 

• a national landscape, previously known as an area of outstanding natural beauty  
• national parks 
• the Broads

Management plans with a landscape character assessment will identify the features that contribute to the special quality of these protected landscapes. 

Features may include: 

• landform, geology and soils 
• semi-natural habitats such as land cover, field boundaries and water bodies 
• historic landscapes such as historic parkland and ancient settlement patterns 
• cultural and experiential qualities, such as local associations and views and surroundings

Other semi-natural areas

This includes:

• scrub, which is land which supports scrub vegetation of woody shrubs and trees on average less than 5m high with a canopy cover of at least 10% and a patch size of greater than 0.25ha. Species may include but are not limited to hawthorn, blackthorn, hazel, rowan, willow, crab apple, gorse and bramble
• bracken, which is land that has continuous bracken cover of circa 50%, at the height of the growing season. Areas with scattered patches of bracken less than 0.25ha should be assessed as the habitat in which it is growing

Rural land 

Rural land is land used for agriculture and traditional uses. It includes but is not limited to: 

• growing crops and forage cover  
• orchards, vineyards and fruit and seed growing, grazing animals and livestock breeding 
• grazing horses (where land use has not changed) 
• woodland management where this is small scale and supports farm business 
• horticulture including market gardens, nursery grounds and osier beds 
• other purposes, such as equine use, game rearing, keeping and shooting, and fishing 

When you do not need a screening decision to change uncultivated, semi-natural or rural land 

You do not need a screening decision to: 

• replace nutrients on a SNA if it does not lead to increased agricultural output - for example applying low levels of farmyard manure to a hay meadow 
• broadcast mixed native wildflower seed on land that is not an SNA 
• clear invasive non-native vegetation 
• spot treat weeds in a targeted way  
• repair existing boundaries like for like   

Projects that are covered by other regulations, usually because of scale, are exempt from the EIA (Agriculture) Regulations. This includes:

• forestry projects
• development under the planning system
• major land drainage and water management projects
• removal of hedgerows

Check whether your project is covered by these regulations before you apply. If you’re not sure whether your project is exempt, contact Natural England for advice.

You should also contact Natural England if your project is covered by permitted development, as you may or may not need a screening decision.

When to get a screening decision to change uncultivated, semi-natural or rural land 

You must check if you need Natural England’s permission to change uncultivated, semi-natural or rural land by: 

• increasing the productivity of uncultivated land or an SNA over a certain size - known as an ‘uncultivated land project’ 
• altering a rural land field boundary over a certain length by adding, moving, removing or changing it, for example from a stone wall to a fence or from a stocking fence to deer fence 
• moving, importing or removing earth or other material on rural land over a certain volume or area  

Altering field boundaries and moving earth or other materials on rural land are known as ‘restructuring projects’.  

Size, length, volume and area limits are known as ‘thresholds’.  

If your project is landscape scale or a catchment approach and involves multiple land parcels, landholdings or elements of work, it will be considered as one project (not smaller individual projects) for threshold purposes.

Contact Natural England for advice if:

• your land is below the minimum threshold of hectarage, length or volume and has SNAs   
• your project is a combination of the 3 changes - they will help you consider your project against the individual thresholds 
• your project is landscape scale or a catchment approach

Increasing productivity of land  

You need a screening decision before you increase the productivity of 2 hectares (ha) or more of uncultivated land or an SNA.  

Increasing productivity includes (but is not limited to):  

• disrupting the soil surface by ploughing, discing, harrowing or rotovating 
• disrupting the subsoil by subsoiling, soil loosening, shakeaerating or paraploughing 
• increasing the use of organic or inorganic fertiliser or soil improvers, including lime 
• converting grassland to arable or whole-crop silage 
• converting to biofuel crops - contact Natural England for more advice 
• creation of osier beds
• sowing seed that increases agricultural productivity 
• planting trees where this will increase the productivity of the land for agriculture (unless covered by EIA (Forestry) Regulations)
• draining land, drainage works or changing water levels
• works which go beyond routine ditch maintenance of silt levels and vegetation
• introducing or increasing an agroforestry approach to land management which will increase the productivity of the land for agriculture (unless covered by EIA (Forestry) Regulations)
• smothering or clearing vegetation (including grassland and rush pasture) or scrub, with machines or chemicals, by animals, or by burning (excluding continued routine habitat management)
• clearing existing trees or orchards (unless covered by EIA (Forestry) Regulations or the Hedgerow Regulations) 
• increasing stocking density or changing stock type or grazing regime period (including introduction of supplementary feeding) that leads to the land being used more intensively for agriculture  

You must also get a screening decision for: 

• changes to separate areas of land on the same holding that add up to 2ha or more, even if you make changes separately over time or the projects are different, for example adding drainage in one area and changing to arable rotation in another 
• sowing seed to restore semi-natural grassland or heathland if the sowing of seed disrupts the soil surface and therefore leads to increased agricultural productivity 
• planting trees to restore traditional orchards and woodland pasture and parkland where the planting will lead to increased agricultural productivity (unless covered by EIA (Forestry) Regulations)
• cultivation or restructuring either before a planning application, application determination or application refusal, where cultivation will increase the productivity of the land for agriculture or works will restructure the land  
• where Outline Planning only has been approved, where cultivation will increase the productivity of the land for agriculture or works will restructure the land     

Increasing productivity of regionally significant land under 2ha 

Contact Natural England if the proposed project affects land that is regionally significant but under 2ha. Natural England will be able to provide advice on considering environmental impact. 

Land is regionally significant if it: 

•  includes at least one of the habitats of principal importance in England 
• has heritage features of at least regional importance, such as above or below-ground archaeological sites 
• has landscape features of at least regional importance such as historic parkland and gardens 
• is a sensitive area such as a national landscape, national park, the Broads or scheduled ancient monument 

Altering a field boundary 

You need a screening decision before you add or remove or change the nature of a field boundary over a certain length. Field boundaries are:  

• walls 
• fences 
• banks 
• ditches 
• watercourses  
• hedgerows if not covered by the Hedgerows Regulations

You need a screening decision if boundaries are: 

• equal to or over 4km long 
• equal to or over 2km long in a sensitive area — a national landscape, the Broads, a national park or a scheduled ancient monument 

If the project land is partly in a sensitive area, the sensitive area threshold applies to the whole project.   

Moving earth or other materials 

You need a screening decision before you add, remove or redistribute earth or other material over a certain area if it’s:   

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

In a sensitive area (a national landscape, the Broads, a national park or scheduled ancient monument) you must get permission if the earth is:  

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

If the project land is partly in a sensitive area, the sensitive area threshold applies to the whole project.   

When you need a screening decision for agri-environment schemes  

Rural Payments Agency (RPA) agri-environment scheme applications may involve restructuring or uncultivated land projects. These are changes to land that need a screening decision.   

For example, the introduction of grazing may involve activities that would be classified as an uncultivated land project or a restructuring project. This could include: 

• tillage  
• clearing of vegetation  
• seeding 
• installation of fencing

When a scheme ends 

If you already have an RPA agri-environment scheme, you may need a screening decision when the scheme ends, if you:  

• want to change the way you manage land  
• no longer need to follow the scheme requirements   

For example, changing land from grassland back to arable or changing a grazing regime may lead to:  

• spraying off and cultivation of permanent pasture 
• increased stocking levels 
• a longer grazing period 
• the use of supplementary feeding  

Minor and temporary adjustments (MTAs) during a scheme

If you need to make changes mid-term this may require a screening decision. For example, if you need to spray injurious weeds in priority habitat part way through a scheme agreement.

When you need a screening decision for biodiversity net gain

You may require a screening decision to create or improve natural habitats on uncultivated or semi-natural land that will be registered and sold for biodiversity net gain (BNG) purposes. This includes activities that will:

• increase the agricultural productivity of the land, even if temporarily
• restructure the land for BNG purposes, when the proposal is equal to or exceeds one of the thresholds outlined in ‘When to get a screening decision’

Landowners should check if they need a screening decision before registering their land as a BNG site.

If your BNG proposal does require a positive screening decision to go ahead, you must apply for this separately before registering the land as a BNG site. The process of registering land as a BNG site is not an alternative to a screening decision assessment and does not include necessary assessment under EIA (Agriculture) Regulations.

Find out more about biodiversity net gain.

If you are unsure if you need a screening decision for BNG purposes, contact Natural England for advice.

Apply for a screening decision  

If you need to apply for a screening decision, this is the first step of a potentially 2-step application process.  

Natural England will decide if your project is:  

• not likely to significantly affect the environment and give you approval to begin the work 
• likely to significantly affect the environment and tell you that you need to apply for consent if you want to go ahead  

A screening decision applies for 3 years from the decision date. After 3 years, if the work has not started, you’ll need a new screening decision.  

If you receive a Screening Notice  

Natural England issues a Screening Notice if you meet 3 criteria: 

• it believes you’re likely to carry out a project on uncultivated land, a semi-natural area or rural land 
• the project is below the minimum threshold that requires you to apply for a screening decision 
• the project is likely to have a significant effect on the environment 

If you receive a Screening Notice, you must apply for a screening decision to change the management practices on the land or restructure the land before you make the change. 

Failure to comply with a Screening Notice is an offence. 

A Screening Notice applies for up to 5 years. After 5 years, if Natural England believes there is still risk to the site, it may issue another Screening Notice. 

Changing uncultivated, semi-natural and rural land without permission  

If Natural England receives information to suggest that a restructuring or uncultivated land project has taken place without a positive screening decision, it may: 

• inspect your land
• consider enforcement options  

Stop Notice 

Natural England may issue a Stop Notice if you start work without the necessary screening decision or consent decision.  

If served with a notice, you must stop work immediately. Failure to comply with a Stop Notice is a criminal offence, with a potentially unlimited fine on conviction. 

Remediation Notice 

Natural England may issue a Remediation Notice if you complete work without the necessary screening decision or consent decision and restoration is required. 

If served with a notice, you must either:  

• return the land to the condition it was in before the project 
• take action required by Natural England to return the land to good environmental condition 

Failure to comply with a Remediation Notice is a criminal offence, with a potentially unlimited fine on conviction.

Appeal against a Screening, Stop or Remediation Notice 

If you want to appeal against a notice, you must do this within 28 days of the date of notice and:

• include a copy of the notice
• state the grounds for the appeal

Send your appeal to the Secretary of State for Environment, Food and Rural Affairs at: 

EIA (Agriculture) Regulations Decision Appeals 
Department for Environment, Food and Rural Affairs
Nobel House
17 Smith Square
London
SW1P 3JR  

Email eia-appeals@defra.gov.uk  

Contact Natural England  

For more advice contact: 

Environmental Impact Assessment (EIA) (Agriculture) Unit 
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH  

Email eia.england@naturalengland.org.uk
Freephone 0800 028 2140