§ Lord Rotherwickasked Her Majesty's Government:
When they will decide whether an area set in grass for more than five years will be classed as an arable area under the mid-term review. [HL734]
§ Lord WhittyThis issue is dealt with in European Community legislation. Regulation (EC) No 796/2004 provides that land which is used to grow grass, and that is not included in the crop rotation of an agricultural holding for a period of five years or longer, is permanent pasture rather than arable land. However, if the land has been set aside under the old arable area payments scheme or the new single payment scheme during that period, it will be counted as arable land until it has been in grass for five years following the last year it was in set-aside.