The SFGS Farmland Premium Scheme 2003

Restrictions on approval of applications: area limits

7.—(1) The Scottish Ministers shall not approve under paragraph 3(1) an application if it concerns the conversion to woodlands of less than 1 hectare of eligible land or such other area as may be specified in the Rural Development Plan approved under Council Regulation 1257/99.

(2) Except in the case of an application relating to a common grazing, the Scottish Ministers shall not approve an application if they decide that the application concerns the conversion to woodlands of more than–

(a) 40 hectares of unimproved land, or such other area as may be specified in the Plan approved in accordance with Council Regulation 1257/99; or

(b) 200 hectares of eligible land.

(3) In considering whether to make the decision referred to in sub paragraph (2) above, the Scottish Ministers may take into account any areas of land converted or to be converted to woodlands pursuant to an approval of any other application relating to land which it would be reasonable for them to regard as falling within the same holding, were this Scheme a Community scheme as defined in Article 1 of Council Regulation 3508/92.

(4) In the case of an application relating to a common grazing, the Scottish Ministers shall not approve an application which, whether by itself or when taken with any other application relating to the common grazing, concerns the conversion to woodlands of more than 100 hectares of the eligible land comprised in that common grazing, or any other such area as may be specified in the Plan approved in accordance with Council Regulation 1257/99.