Natural England taken to tribunal by Penwith farmer

A beef farmer will have his concerns about consents placed by Natural England (NE) against his land heard at a tribunal.

Sam Nankervis says NE restrictions placed on land he owns and farms in West Penwith, Cornwall, are causing him stress and anxiety.

Since NE designated West Penwith as a site of special scientific interest (SSSI) last June, Mr Nankervis now must apply for permission from the government agency to undertake standard agricultural practices.

See also: Penwith Moors farmers sell up following SSSI designation

These include the maintenance of and repair of boundary stone hedges, keeping livestock on land, vehicular access and the trimming of footpaths which are classified as a public right of way.

Mr Nankervis is concerned about the requirement to apply for consent for the repair and maintenance of his boundary hedge at his farm in Zennor, on the Penwith peninsula.

“I can fully understand that NE don’t want me to go in with a bulldozer and damage the local habitats. However, the consent also includes the picking up of loose stones,” said Mr Nankervis.

Anxiety

The farmer is anxious that there is the potential for NE to prosecute him in 10 years’ time if he does not renew the consent, and then picks up a loose stone that has fallen off the wall and boundary hedge and replaces it.

“There is also potential for NE to prosecute me if a stone falls off the boundary hedge face down and has lichen on it, and I don’t replace it,” said Mr Nankervis.

NE has catalogued several species of lichen that grow slowly on the stones and rocks in West Penwith as “nationally rare, scarce and/or declining species”. Farmers who don’t maintain these habitats could potentially face prosecution.

Mr Nankervis also has a 500m public right of way across his land. He is concerned that if he forgets to renew the consent to trim it in 10 years – in his retirement years – that NE have told him they could prosecute him for trimming this public right of way without their consent.

Equally, he could be prosecuted for not trimming it as it is a public right of way.

“NE has already said they won’t send reminders to renew any of the consents. I don’t want to have 10 years of sleepless nights thinking about this,” said the 60-year-old.

“I’m not saying NE would prosecute me, but the potential is there. It’s basically like having a noose hovering over my head every 10 years for the rest of my life.”

Tribunal option

Farmers in Penwith who disagree with the consents are able to have their cases heard at a tribunal set up by NE.

The government body has told Mr Nankervis that others farmers are seeking clarification by written correspondence, whereas he has opted for clarification by tribunal, which he hopes will be more independent.

The tribunal is due to be heard over two days on 12-13 November, the venue to be confirmed.

NE response

An NE spokesperson said: “We can confirm that there is a hearing scheduled for the 12 November 2024. 

“The hearing will be overseen by an inspector from the Planning Inspectorate to determine if Mr Nankervis’ appeal against NE’s consent to carry out various requested activities on part of the West Penwith Moors and Downs SSSI.

“These activities are currently limited to a maximum 10-year period. However, Mr Nankervis is appealing to have them granted in perpetuity.”