The Environmentally Sensitive Areas (South Wessex Downs) 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 maintain field boundaries and shall not remove any, or any part of, walls or hedges. The farmer shall maintain stockproof hedges and walls in a stockproof condition using traditional methods and materials;

(2) within one year of the start of the agreement, the farmer shall where necessary agree in writing with the Minister a programme to keep fence lines free of brambles, thorn and other overgrowth;

(3) the farmer shall not erect any permanent fences without the Minister’s prior written approval;

(4) the farmer shall retain and manage trees, including pollarded willows, in accordance with local custom;

(5) the farmer shall not plant any trees, hedges or woodland, or allow new scrub to become established, without the Minister’s prior written approval;

(6) within 2 years of the start of the agreement, the farmer shall obtain from a person approved by the Minister written advice on the management of woodland, trees, hedges and scrub and on any proposals to plant new woodland;

(7) the farmer shall maintain ditches and streams by mechanical means;

(8) the farmer shall retain and manage ponds and dewponds;

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

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

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

(12) 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 Town and Country Planning General Development Order 1988(1), or planning permission;

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

(14) the farmer shall not graze any land so as to cause poaching, overgrazing or undergrazing and shall graze permanent grassland with livestock and downland turf with cattle or sheep or both.

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

(1) the farmer shall maintain permanent grassland and shall not plough, level or reseed;

(2) the farmer shall wilt and turn any grass cut for silage before removal and shall graze the aftermath;

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

(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, broadleaved dock or ragwort or to carry out stump treatment of cleared scrub. Herbicides used for these purposes shall be applied by means of a weed wiper or by spot treatment;

(6) the farmer shall not apply lime, slag or any other substance designed to reduce the acidity of the soil;

(7) the farmer shall not increase existing application rates of inorganic fertiliser and shall not in any event apply more than 90 kilogrammes of nitrogen, 40 kilogrammes of phosphate and 40 kilogrammes of potash per hectare per year. He shall not increase existing application rates of organic fertiliser and shall not in any event apply more than 30 tonnes per hectare in any year.

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

(1) the farmer shall maintain downland turf and shall not plough, level, reseed, chain harrow, roll or otherwise cultivate;

(2) the farmer shall not cut any grass for hay or silage without the Minister’s prior written approval;

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

(4) the farmer shall observe the requirements of paragraph 2, sub-paragraphs (3), (4), (5) and (6) above.

(1)

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