Where the owner of the land is different from the SPS claimant, is the owner at liberty to remove stone from let ground to other ground that he/she owns, but is not registered by the same tenant?
A. For the purposes of the Single Payment Scheme, cross compliance applies to the applicant’s whole agricultural area of their holding and all their agricultural activities, regardless of the amount entered in to the Single Payment Scheme. Therefore where applicants rent land, it forms part of their holding for the purposes of the scheme. As such only the applicant can remove stone from the land under the circumstances covered under paragraph 90 of the cross compliance handbook for England 2006 edition. A tenant will be held responsible for all cross compliance requirements on the land which they are claiming. If stone is removed from a wall on their land, it will be reported as a breach if discovered at inspection and the tenant will be held liable for the breach. It may be that upon appeal they provide evidence that the stone was removed without their permission. The appeal panel will look at the individual circumstances of the case before deciding whether to uphold the breach.
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