You may think you’ve found the perfect spot to begin or expand your vineyard project. An isolated block of land away from your main holding, south-facing and gently sloping. Too small and disconnected for modern cereal production, it has been left to its own devices for as long as you can remember. The next steps may seem simple, herbicide, cultivations, fertiliser and planting. But wait, before you start, you should know that in certain circumstances the conversion of uncultivated land to vineyard use in England requires a formal decision from Natural England pursuant to the Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006 (the Agricultural EIA Regs).
What is uncultivated land?
Simply, uncultivated land is defined as land which has not been cultivated in the previous 15 years. For the purposes of the Agricultural EIA Regs, ‘cultivation’ is broadly defined, and includes cultivation by both physical and chemical means (including the application of fertilisers). In practice, this may mean that some land that has the appearance of being uncultivated due a lack of physical interventions is not, in fact, uncultivated due to chemical cultivations. It is, therefore, important to check any farm records you may have before concluding that a parcel of land is uncultivated.
Do these requirements only apply to uncultivated land?
No, the restrictions on ‘uncultivated land projects’ extend to include ‘semi-natural areas’. These are undefined in the Agricultural EIA Regs, but DEFRA guidance indicates that this can include land hosting priority habitats, land with heritage or archaeological features, land within protected landscapes and other semi-natural areas including scrub and bracken. The guidance indicates that advice should be sought from Natural England where there is any doubt over whether a parcel of land is a ‘semi-natural area’.
What is the threshold for seeking a screening decision?
A screening decision is required for uncultivated land projects of two hectares or more. This threshold includes changes to separate areas of land on the same holding that collectively exceed the two hectare threshold or otherwise fall within the remit of the Agricultural EIA Regulations.
DEFRA guidance also indicates that the advice of Natural England should be sought in circumstances where the land in question is of ‘regional significance’. This includes where: it includes at least one of the habitats of principle importance in England, has heritage features of at least regional importance, has landscape features of at least regional importance, or is in a sensitive area.
How do you seek a screening decision?
Applications for screening decisions are made to Natural England using a prescribed form.
What happens next?
Natural England aims to provide a decision on an application within 35 days of receipt of a valid application. The decision will either confirm that (a) you can proceed with the proposed project or (b) that consent must be sought on the basis that the proposal is likely to have an environmentally significant effect. Where a screening decision indicates that consent must be sought, it is an offence to commence a project without obtaining that consent.
Should you disagree with a screening decision, there is the option to make an appeal to the Secretary of State for Environment, Food and Rural Affairs
The project to which a screening decision relates must be begun within three years. If it is not, another screening decision will need to be sought.
What could be the consequences of failing to seek a screening decision?
Progressing a vineyard creation or extension project in circumstances where a screening decision is required to be sought without a screening decision in place is a criminal offence. It is also open to Natural England to issue a Stop Notice, requiring the immediate cessation of work as well as a Remediation Notice, which can require the return of land to the condition it was in prior to commencing the project or otherwise return the land into a good environmental condition. Failure to comply with a Stop Notice or a Remediation Notice is a criminal offence and there is no limit on the fine that can be imposed on conviction.
The recent case of Natural England v Cooper [2025] EWCA Civ 15 has also confirmed that Natural England has the power and standing to obtain injunctions to secure compliance with the Agricultural EIA Regs.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at May 2025.