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The Landscape Recovery scheme, the highest level of Defra’s Environmental Land Management schemes, aims to drive significant environmental and other outcomes by funding large-scale projects with ambition to generate long lasting landscape and use changes through the engagement of multiple participants and third- party investors. Entering part of an estate into such a scheme can be an attractive proposition and a way to diversify income streams as well as strengthen connections and resilience within the local community for the wider good.
Many of the proposed projects seeking Defra funding under the Landscape Recovery scheme require effective collaboration between large groups of participants (including landowners, tenant farmers and land managers) across hundreds or even thousands of acres of land. The focus is often, and quite rightly, on the possible interventions, the environmental and commercial outcomes and the structure of the delivery vehicle set up to oversee the project. But what, as a potential participant in a scheme, should be considered? Here are a few points to think about:
- Ownership and occupation – landholdings can be complex. Freeholders, tenants, occupiers and partnerships can all feature in the ownership structure and operations taking place on farms and land generally. There should be clarity as to who has an interest in the land because the project will need to sign contracts with the relevant participants to ensure that the scheme can be delivered.
- Certainty as to the land being ‘put in’ to the scheme is crucial, not just to understand any existing constraints (for example, utilities, third party access rights, or restrictive covenants) and any third-party consents required, but to give certainty in the future as to the land affected. Having suitable scale plans at an early stage can be extremely helpful.
- Negotiations with Defra, the participants collectively and third- party funders can take time, be prepared for changing timeframes before the scheme gets underway. Once the scheme has commenced, participants should understand the programme for any significant works/interventions on the land.
- Be aware that Defra’s expectation is that the project will endure for at least 20 years, quite possibly longer. The long-term requirements and aspirations for a participant’s overall landholding should be considered, as well as any ongoing obligations to report or actively contribute to the project.
- What type of interventions will take place on the land? Are there any other effects to consider or where mitigation measures may be beneficial? In terms of the interventions, who will carry these out – the participant or will they be conducted by the project’s delivery vehicle itself or subcontractors?
- What are the participants expected and/or desired outcomes? What financial returns are expected in conjunction with the environmental benefits? Are they accurately reflected in the documentation?
While the participants will be able to undertake much of the work required to settle land management plans and provide information about the land directly, it may also be beneficial to take legal advice, or the advice of a surveyor to assist in what can be a complex process. The advice given by the professional team acting for the project has at its heart, the interests of getting the scheme into the delivery phase. Obtaining separate legal advice will ensure that the specific interests of a participant in relation to land, business and family circumstances are considered.
Best practice in Landscape Recovery schemes is developing, which means that all parties involved are breaking new ground and there is a great need to hear voices with different perspectives. We have experience of working with various parties engaged in bringing forward projects for Landscape Recovery scheme funding, so if you are considering becoming a participant in a project and have any queries or concerns, please do contact us if you would like to discuss any aspect further.