The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992

Article 4

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

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

(1) The farmer shall maintain grassland and shall not plough, level or reseed it.

The farmer shall not harrow or roll pastures.

(2) The farmer shall not increase his existing application rates of inorganic fertiliser and shall not in any event apply more than 25 kilogrammes of nitrogen, 12.5 kilogrammes of phosphate and 12.5 kilogrammes of potash per hectare per year, or the equivalent in artificial organic fertiliser. He shall make only one application of fertiliser a year.

(3) The farmer shall not apply slurry or poultry manure.

(4) The farmer shall not apply farmyard manure except manure which has been produced on his own farm. He shall not increase his existing application rates and shall not in any event apply more than 12.5 tonnes per hectare per year. He shall make only one application a year.

(5) The farmer shall not apply fungicides and insecticides.

(6) The farmer shall not apply herbicides except to control bracken, nettles, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort. Herbicides used for these purposes shall be applied by weed wiper or by spot treatment. In the case of bracken, control shall be by means of asulam where it cannot be controlled by mechanical means.

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

(8) The farmer shall not cut or spray areas of rushes in pastures.

(9) The farmer shall not graze any grassland so as to cause poaching, over-grazing or under-grazing.

(10) The farmer shall dispose of sheep dip safely and shall not spread it where it may affect areas of nature conservation value.

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

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

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

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

(15) 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.

2.  As regards any meadowland which is the subject of an agreement–

(1) The farmer shall identify land which is meadowland and shall maintain it as such for the length of the agreement.

(2) The farmer shall not cultivate meadowland except with a chain harrow or roller. Any cultivation shall take place as soon as possible in the spring once stock have been removed.

(3) The farmer shall exclude stock from meadowland at least seven weeks before the first cut for hay or silage and at the latest by 1st June in any year.

(4) The farmer shall not take the first cut of grass from meadowland for hay or silage before 8th July in any year, and at least once in every five years he shall make the first cut during August in accordance with a programme of August cutting agreed with the Minister. He shall have regard to the welfare of fledglings of ground nesting birds when planning cuts.

(5) The farmer shall wilt and turn grass cut for silage from meadowland before removing it.

(6) The farmer shall graze the aftermath of any cutting with livestock.

3.  As regards any woodland which is the subject of an agreement–

(1) Within two years of the commencement of the agreement, the farmer shall obtain from a person approved by the Minister written advice on the management of existing woodland or on proposals to plant any new woodland.

(1)

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