Many of Cumbria’s graziers can now start to claim for their share of a multi-million pound payout, after a government U-turn in how commons farm payments are calculated. 

Following a ruling by the High Court in London, the Rural Payments Agency has now published forms and guidance to allow farmers who graze common land in England to claim backdated farm subsidy payments.

A change in the rules by Defra has potentially huge implications for the county’s 500 commons graziers. 

The underpaying by government officials could lead to about £1.6 million coming into Cumbria for the commons every year for six years.

Jonathan Carroll, of Carlisle-based Cartmell Shepherd solicitors, said: “The courts have made a commonsense decision and one that gives farmers a potential financial boost at a difficult time.”

Defra changed the rule so commons graziers could receive higher payments under the Basic Payment Scheme (BPS). It also agreed to pay backdated Single Payment Scheme (SPS) payments in recognition of the previous underpayments.

To be eligible, farmers must have rights on a list of commons that is available on the GOV.UK website. 

That list includes a large number of commons in Cumbria, such as Burgh Marsh, Eskdale, Bampton and a range of others.

In addition the farmer must have either:

  • Claimed in 2005 to 2009;

  • Claimed in 2009 to 2014, and had spare entitlements at the time;

  • Claimed Hill Farm Allowance in 2010, or the Uplands Transitional Payment.

At the time of the U-turn announcement, Julia Aglionby, the Cumbria-based
chairman of the Foundation for Common Land, said it was “massive” as far as those who farm the commons were concerned.

Ms Aglionby estimated that Cumbria’s commoners may have lost £56 a hectare each year.

Although there is no strict deadline, the RPA has said that farmers must submit their claims by December 31 of this year, if they are to stand a chance of getting their additional entitlements this year.

In the past each farmer has been able to claim hectares based on the number of rights he holds, pro rata to the total number of registered rights on the common.

“The RPA has been forced by the courts to recognise that the number of hectares should in fact be pro rata to the rights actually claimed for BPS each year, meaning a much greater number of hectares for each claimant in most cases,” added Mr Carroll.

For information and a claim form, go to the gov.uk website.