Scotland farming: Tenant farmers need same access to tree planting schemes as landlords for country to meet net zero targets, industry leaders say

Tenant farmers can plant some trees if it is “ancillary to agriculture”. However, anything beyond this would be considered “diversification” for which they would require permission from the landlord.

Tenant farmers in Scotland must be given better access to the environment schemes available to landlords if Scotland wants to reach its net zero targets, industry leaders have said.

One of these schemes includes tree planting on farms for which farmers can acquire carbon credits, which can be sold or used to offset carbon greenhouse gas emissions from the business.

Tenant farmers can plant some trees if it is “ancillary to agriculture”. However, anything beyond this would be considered “diversification” for which they would require permission from the landlord.

Industry leaders are calling for tenant farmers to have better access to environment schemes for landowners (pic: Lisa Ferguson)

Christopher Nicholson, a former tenant farmer and chairman of the Scottish Tenant Farmer Association (STFA), said this barrier could disincentivise tenant farmers from engaging in such climate mitigation projects.

He pointed to the Woodland Carbon Code, which rewards farmers with carbon credits for planting trees, as an example of why existing legislation presents a barrier.

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"The tenant would need to ask for permission from the landlord, but that means they are opening up the option for the landlord to want to take a cut,” he said. "Some may not take any, but some may want 50 per cent, which wouldn’t make it worth it for the tenant and so there isn’t the interest.”

Christopher Nicholson, chairman of the STFA (pic: STFA)

Mr Nicholson said with policy looking like it would favour more tree planting projects in years to come, and with farmers required to meet new environment targets under the new tiered farming payment system due to be set out in the coming Agriculture Bill, tenant farmers would be at a serious disadvantage if they were not given more freedom to access environment schemes.

Mr Nicholson, who now has his own farm in Wigtownshire, spoke about his experience in being restricted on carrying out environmental projects while he rented land.

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"You can’t do much else other than pure agriculture activities as a tenant farmer,” he said. “It entirely depends on how willing your landlord is to let you do things to diversify your farm, which many tenant farmers want to do.”

He added: "With more than 20 per cent of Scotland being tenant farms, it is vital policy is changed to make it easier for them to access these schemes if the country wants to meet its net zero targets.”

The farmer’s calls come as Scotland’s Tenant Farming Commissioner, Bob McIntosh, published Removing Barriers to Tree Planting by Tenants – a paper that addresses concerns over the restrictions some tenant farmers experience when it comes to planting trees.

This includes the lack of clarity over what scale of woodland creation counts as agricultural activity, the official definition of agroforestry, and confusion over compensation arrangements at the end of tenancy if tenant farmers have changed the landscape and planted trees.

Jackie McCreery, the legal advisor for Scottish Land and Estates, a membership organisation for landlords, said Mr McIntosh’s report was valued, but “detailed discussions are still to be had on many aspects of the legislation”.

“As far as farm woodland creation is concerned, where a potentially permanent change of land use is being considered, it is a delicate balancing act to reach an optimum position for all involved – tenant, landlord and the environment itself,” she said.

A spokesperson for the Scottish Government said it would consider the recommendations in the report and “consider what more we might do to support tenant farmers to help Scotland meet our climate change targets and make their businesses more efficient and sustainable”.

The new Agriculture Bill is due to be tabled later this year.