Recent enforcement action against a Welsh farming business is a useful reminder that environmental designations can carry significant legal and financial risk when considering land to purchase or how you farm your existing land.
In May 2026, a farming company was ordered to pay nearly £20,000 after damaging a Site of Special Scientific Interest (SSSI) through repeated unauthorised use of fertiliser, slurry and herbicides on the designated land. These actions continued between 2017 and 2025 despite warnings, advice and official intervention from Natural Resources Wales. The court also imposed a 10-year restoration order dictating how the land must be managed going forward. Had the land not been a designated SSSI, the farmer would have been bound by the usual environmental rules, such as Farming Rules for Water & NVZ Regulations, which do not require prior consent for application of fertiliser, slurry and herbicides.
Why SSSIs require careful consideration
SSSIs are legally protected for their ecological or scientific importance. The constraints imposed by the SSSI notification can significantly affect how land is farmed. We would always recommend carefully reviewing the SSSI notification which will list the operations that require prior consent from Natural England.
Many everyday farming operations often require prior consent from the regulator under the SSSI notification, including:
- Fertiliser and slurry application;
- Use of herbicides or pesticides; and
- Ploughing, reseeding or drainage.
Key risks for purchasers and farmers
Breaches of SSSI protections can lead to criminal liability. If you carry out any of the activities that require prior consent from the regulator without that consent, you can find yourself subject to fines, costs and reputational damage.
Regulators and courts can also impose ongoing management requirements. These include crop rotation controls, buffer zones, and restrictions on chemical use. These can reduce productivity and flexibility and may limit your ability to use your land for your intended purposes.
Issues to consider
Historic mismanagement can result in degraded land, regulatory scrutiny and future restrictions, even for a new owner. You should ensure this is checked carefully on any acquisition and regularly review compliance on land that you own. If land is poorly managed, consent to farming operations may not be given or may be subject to strict conditions on timing, rates, method and location of application.
Activities on land adjoining a SSSI can affect that designated land through drift or run off. This means that operations on adjoining land may be restricted in practice. You should seek legal advice if you are ever in doubt whether your land is affected by the SSSI rules.
How Mills & Reeve can help
Our food and agribusiness sector advises on environmental designations and land transactions. On any acquisition, we will investigate any environmental designations and compliance and discuss the implications with you. Our environmental and regulatory lawyers can support you with compliance with the restrictions, action you can take if you become aware of a breach of an environmental designation or enforcement action, and making an appeal to challenge enforcement action.
If you are considering purchasing land in England or Wales that may be potentially affected by or be near to a SSSI, early legal advice can help avoid costly and unexpected surprises.
As part of our due diligence, we will:
- confirm the designation status of the land;
- review if any consents are required;
- check the regulatory history;
- identify any ongoing obligations that you may be exposed to; and
- give you clear and concise legal advice on the impact that the SSSI designation may have on the land you are wishing to acquire.
If you need any advice in relation to the matters covered by this note, please contact Alysha Patel or Pedro Marques.
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