An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 1st May 2009.
This application was selected for a Ground Eligibility/Cross Compliance Inspection. During the course of this inspection discrepancies were recorded in relation to a parcel in Kerry that resulted in the parcel being rejected as it was not stockproof and there was no evidence that it was being farmed. This decision resulted in a claimed area of 66.43 ha being reduced to a found area of 29.85 ha. If the total area found is insufficient to support the number of entitlements held, penalties will be applied per the Terms and Conditions of the scheme. In this case the number entitlements held by the person named is 66.43. As the difference between the area declared and the area found was greater than 20%, under EU Regulations, no payment would issue.
The person named was informed of this decision on the 5th of February 2010 and of his right to seek a review. Such a review was requested on the 2nd of March 2010 and a letter, upholding the original decision issued on the 23rd of July 2010. An appeal was lodged in the Agriculture Appeals Office on the 8th of October 2010 and an oral hearing was held on the 27th of September 2011.
As a result of this appeal the parcel in Kerry was deemed to be eligible for the 2009 Single Payment Scheme but a 3% Cross Compliance penalty for the failure to maintain a stockproof boundary was to be applied. A letter detailing this decision issued on the 5th of December 2011. Following the appeal decision the outcome of the inspection has been amended on the Department's systems and payment issued to the person named on the 9th of July 2012.