The Environmentally Sensitive Areas (Lake District) Designation Order 1993

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 not graze with animals so as to cause poaching, undergrazing or overgrazing;

(2) the farmer shall undertake control of bracken in accordance with a programme agreed in writing in advance with the Minister. Control shall be by means of asulam where mechanical means cannot be used;

(3) the farmer shall dispose of sheep dip safely and shall not spread it where it may affect areas of nature conservation value;

(4) the farmer shall not cut or spray areas of rushes between 28th February and 1st August in any year;

(5) the farmer shall not remove boulders, rock outcrops or limestone pavement;

(6) the farmer shall not infill natural depressions or remove hedgerow banks;

(7) the farmer shall not install any new land drainage system or modify any existing land drainage system so as to bring about improved drainage;

(8) the farmer shall maintain stockproof walls and hedges in a stockproof condition using traditional materials;

(9) the farmer shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional materials;

(10) the farmer shall not damage, destroy or remove any feature of archaeological or historic interest;

(11) within two years of the start of the agreement, the farmer shall obtain from a person approved by the Minister written advice on the management of existing woodland or scrub or on any proposals to plant new woodland;

(12) the farmer shall not increase his existing stocking level in woodland;

(13) the farmer shall retain and manage any groups of trees and individual trees for which he is responsible and shall manage any pollarded trees in accordance with local custom;

(14) the farmer shall not remove scrub without the Minister’s prior written approval;

(15) the farmer shall restrict supplementary feeding of livestock to areas agreed in advance with the Minister;

(16) the farmer shall ensure that stock removed from the land do not graze areas of common which are not subject to an agreement;

(17) 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 works which do not require prior notification determination by the local planning authority under the Farm and Country Planning General Development Order 1988(1), or planning permission.

2.  As regards any inbye land which is the subject of an agreement—

(1) the farmer shall maintain the land and shall not plough, level or reseed without the Minister’s prior written approval;

(2) the farmer shall not harrow, roll or otherwise cultivate pasture between 14th March and 1st August in any year. He shall cultivate meadowland only with a chain harrow or roller and shall do so as soon as possible after stock have been removed in the spring, or otherwise in the autumn;

(3) the farmer shall not increase existing application rates of organic or inorganic fertiliser and in any event shall not apply more than 125 kilogrammes of nitrogen per hectare per year;

(4) the farmer shall not apply farmyard manure or slurry except manure or slurry which has been produced on his own farm and in any event shall apply slurry only to fields on which it has previously been applied;

(5) the farmer shall not apply pig or poultry manure without the Minister’s prior written approval;

(6) the farmer shall not apply lime, slag or any other substance designed to reduce the acidity of the soil without the Minister’s prior written approval;

(7) the farmer shall not use fungicides or insecticides;

(8) the farmer shall not apply herbicides except to control bracken, nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort. Except in the case of bracken, herbicides used for these purposes shall be applied by weed wiper or by spot treatment.

3.  As regards any intake land which is the subject of an agreement—

(1) the farmer shall observe the provisions of paragraph 2 above;

(2) the farmer shall not increase his existing stocking level.

4.  As regards any fell other than heather fell which is the subject of an agreement—

(1) the farmer shall maintain the land and shall not excavate, plough, level, reseed or otherwise cultivate;

(2) the farmer shall not apply organic or inorganic fertiliser;

(3) the farmer shall not apply lime, slag or any other substance designed to reduce the acidity of the soil without the Minister’s prior written approval;

(4) the farmer shall ensure adequate stock control for the prevention of overgrazing and trespass to grazing units by sheep;

(5) the farmer shall not fence across open fell;

(6) the farmer shall not use fungicides or insecticides;

(7) the farmer shall not apply herbicides except to control bracken, nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort. Except in the case of bracken, herbicides used for these purposes shall be applied by weed wiper or by spot treatment;

(8) the farmer shall not increase his existing stocking rate and in any event shall not exceed a level of 0.3 livestock units per hectare in any year.

5.  As regards any heather fell which is the subject of an agreement—

(1) the farmer shall not increase his existing stocking rate and in any event shall not exceed 0.225 livestock units per hectare in any year;

(2) the farmer shall remove all cattle, replacement hoggs and 25% of his overwintering ewes from 1st October in any year until the following 28th February;

(3) the farmer shall not allow draft ewes to graze;

(4) within two years of the start of the agreement the farmer shall where necessary agree with the Minister a programme for any necessary management of fell vegetation;

(5) the farmer shall ensure by adequate stock management that cattle and sheep graze only lightly and do not concentrate on or adjacent to areas vulnerable to grazing pressure, including areas of heather, heather margins and recently burnt heather;

(6) the farmer shall observe the provisions of paragraph 4 sub-paragraphs (1) to (7) inclusive above.

Article 6(2)

SCHEDULE 2 ADDITIONAL PROVISIONS — I

Option 1 — Meadowland

1.  As regards any meadowland which is the subject of an agreement—

(1) the farmer shall observe the provisions of Schedule 1 paragraph 2 except for sub-paragraphs (3) and (4);

(2) the farmer shall identify land which is meadow and shall maintain it as such for the length of the agreement;

(3) the farmer shall exclude stock at least seven weeks before cutting and in any event by 1st June in any year;

(4) the farmer shall not take the first cut of grass before 1st July in any year, and at least once in every five years he shall not make the first cut until after 22nd July, in accordance with a cutting programme agreed with the Minister;

(5) the farmer shall remove any cut grass and graze the aftermath;

(6) the farmer shall wilt and turn grass cut for silage before removing it;

(7) the farmer shall not apply inorganic or organic fertiliser except farmyard manure which has been produced on his own farm;

(8) the farmer shall not increase his existing application rates of farmyard manure and shall not in any event apply more than 12.5 tonnes per hectare in any year. He shall make only one application a year.

Option 2 — Pasture

2.  As regards any pasture which is the subject of an agreement—

(1) the farmer shall observe the requirements of Schedule 1 paragraph 2 except for sub-paragraphs (3) and (4);

(2) the farmer shall identify land which is pasture and shall maintain it as such for the length of the agreement;

(3) the farmer shall not apply inorganic or organic fertiliser except farmyard manure which has been produced on his own farm;

(4) the farmer shall not increase his existing application rates of farmyard manure and shall not in any event apply more than 12.5 tonnes per hectare in any year. He shall make only one application a year;

(5) the farmer shall not exceed an average stocking level of 0.3 livestock units per hectare in any year and shall not damage the sward by allowing poaching, overgrazing or undergrazing;

(6) the farmer shall agree in writing in advance with the Minister a grazing regime in respect of areas of pasture which adjoin lakes, ponds or watercourses.

Option 3 — Wetland

3.  As regards any wetland which is the subject of an agreement—

(1) the farmer shall observe the requirements of Schedule 1 paragraph 2 except for sub-paragraphs (3), (4) and (5);

(2) the farmer shall identify land which is wetland and shall maintain it as such for the length of the agreement;

(3) the farmer shall not apply organic or inorganic fertiliser;

(4) the farmer shall not increase existing stocking levels and shall agree a grazing regime in writing in advance with the Minister.

Option 4 — Heather fell

4.  As regards any heather fell which is the subject of an agreement—

(1) the farmer shall, in relation to Schedule 1 paragraph 5, observe the provisions of sub-paragraphs (2) to (6) inclusive only;

(2) the farmer shall not increase existing stocking levels and shall not in any event exceed a stocking level of 0.1 livestock units per hectare from 1st March until 30th September in any year.

Article 6(2)

SCHEDULE 3 ADDITIONAL PROVISIONS — II

As regards any managed woodland which is the subject of an agreement, the farmer shall provide alternative grazing and shelter for livestock displaced from the land.

Article 6(3)

SCHEDULE 4 ADDITIONAL PROVISIONS — III

As regards any drystone or vertical slate walls which are the subject of an agreement, the farmer shall carry out a renovation programme agreed in advance in writing with the Minister.

Article 6(4)

SCHEDULE 5 CONSERVATION PLAN OPERATIONS

1.  The planting or laying of hedges.

2.  The regeneration of wildlife habitats, including suppressed heather, juniper scrub and water margins.

3.  The control of bracken.

4.  The renovation of traditional farm buildings using traditional materials.

5.  The creation of flower-rich meadowland.

6.  Works to protect historic and archaeological features.

(1)

S.I. 1988/1813. The relevant amending instrument is S.I. 1991/2805.