The provisions of Article 32 (2)(b)of EU Regulation 1307/2013 refer to land which was eligible and gave a right to payment in 2008, and which has since become ineligible as a result of the implementation of the directives referenced in the detail provided with this question.
On examination of the lands in question it was found that the ineligible features were present in 2008 since which time no further ineligible features have developed. Therefore, the ineligible features in question cannot in this instance be attributed to the implementation of the relevant Directives. While payment issued in previous years, this does not infer an ongoing status of eligibility for all future years.
Taking the above into account, the Maximum Eligible Area attributed to the land in question is correct.