The Environmentally Sensitive Areas (South Downs) Designation Order 1992

Article 4

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.  As regards any chalk downland which is the subject of an agreement–

The farmer shall maintain grassland and shall not plough, chain harrow, roll, level, reseed or otherwise cultivate it.

2.  As regards any river valley grassland which is the subject of an agreement–

(1) The farmer shall maintain grassland and shall not plough, level or re-seed or otherwise cultivate it. The farmer shall not use a chain harrow or roller between 31st March and 1st July in any year.

(2) Where the maintenance of water levels is within the farmer’s control, the farmer shall ensure that–

(a) between 31st March and 1st October in any year ditch water levels are not less than 30 centimetres and not more than 60 centimetres below grassland level, and

(b) ditches are not allowed to dry out completely.

3.  As regards all land which is the subject of an agreement–

(1) The farmer shall graze with cattle or sheep but not so as to cause poaching, undergrazing or overgrazing.

(2) The farmer shall not cut grass for hay or silage nor top the grass before 16th July in any year.

(3) The farmer shall not apply any organic or inorganic fertiliser.

(4) The farmer shall not use fungicides or insecticides.

(5) The farmer shall not apply herbicides except to control nettles, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort or for stump treatment of cleared scrub. Herbicides used for these purposes shall be applied by hand-held weed wiper or by spot treatment with a knapsack sprayer.

(6) The farmer shall not apply lime or slag or any substance designed to reduce the acidity of the soil.

(7) The farmer shall not install any new drainage system or substantially modify any existing drainage system.

(8) The farmer shall not fill in any existing ditches and shall maintain them by mechanical means. The farmer shall level spoil after allowing it to dry.

(9) The farmer shall restrict supplementary feeding of livestock to areas agreed in advance with the Minister.

(10) The farmer shall protect and maintain dewponds, reedbeds and ponds.

(11) The farmer shall maintain stockproof walls and hedges in a stockproof condition using traditional materials.

(12) The farmer shall maintain any weatherproof field barn for which he is responsible in a weatherproof condition using traditional materials.

(13) The farmer shall not damage or destroy any feature of historic interest.

(14) The farmer shall obtain written advice on siting and materials from the Minister before constructing buildings or roads or before undertaking any other engineering or construction operations which do not require prior notification determination by the local planning authority under the Town and Country Planning General Development Order 1988(1), or planning permission.

(15) The farmer shall obtain written advice from a person approved by the Minister on the management of any woodland, trees or scrub or proposals to plant new woodland.

(1)

S.I. 1988/1813. The relevant amending instrument is S.I. 1991/2268.