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.

Article 6(2)

SCHEDULE 2 ADDITIONAL PROVISIONS

Option 1—Downland Turf Creation

1.  As regards any land which is the subject of an agreement which is suitable for the creation of downland turf and which on 31st August 1992 was in arable cropping or had been in ley management for less than five years as part of an arable rotation–

(1) the farmer shall cease arable or ley grassland production and shall establish a grassland sward within 12 months of the start of the agreement using seed from species approved by the Minister;

(2) during a period of 12 months from the start of the agreement, the farmer shall not apply–

(a) any organic or inorganic fertiliser,

(b) lime, slag or any other substance designed to reduce the acidity of the soil, or

(c) any fungicide, insecticide or herbicide,

without obtaining the Minister’s prior written approval;

(3) during each of the three years following grassland establishment the farmer shall–

(a) cut the grass for hay or silage between 30th April and 1st July in each year and graze the aftermath, and

(b) cultivate using only a chain harrow or roller.

(4) the farmer shall observe the requirements of paragraph 1(1) to (13) inclusive of Schedule 1 from the start of the agreement. After the expiry of the 12-month period referred to in paragraph 1(1) above, he shall observe the requirements of paragraph 1(14) and paragraph 3(3) and (4) of Schedule 1, and after the expiry of the three-year period referred to in paragraph 1(3) above, he shall also observe the requirements of paragraph 3(1) and (2) of Schedule 1.

Option 2—Permanent Grassland Reversion

2.  As regards any land which is the subject of an agreement which is suitable for reversion to permanent grassland and which on 31st August 1992 was in arable cropping or had been in ley management for less than five years as part of an arable rotation–

(1) the farmer shall cease arable or ley grassland production and shall establish a grassland sward within 12 months of the start of the agreement using seed from species approved by the Minister;

(2) during a period of 12 months from the start of the agreement the farmer shall not apply–

(a) any inorganic or organic fertiliser,

(b) lime, slag or any other substance designed to reduce the acidity of the soil, or

(c) any fungicide, insecticide or herbicide,

without the Minister’s prior written approval.

(3) the farmer shall observe the requirements of paragraph 1(1) to (13) inclusive of Schedule 1 from the start of the agreement. After the expiry of the 12-month period referred to in paragraph 2(1) above, he shall also observe the requirements of paragraph 1(14) of Schedule 1 and paragraph 2 of that Schedule.

Option 3—Conservation Headlands

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

(1) the farmer shall not apply insecticides except between 31st August in any year and the following 1st January;

(2) the farmer shall not apply herbicides other than–

(a) Tri-allate, diclofop-methyl, difenzoquat, flamprop-M-isopropyl or fenoxapro pethyl;

(b) Glyphosate, provided that it is applied in the pre-harvest period by spot treatment and solely for the control of couch, black bent or onion couch;

(c) Fluroxypyr, provided it is applied by spot treatment and solely for the control of cleavers; or

(d) any other herbicide applied by any method which the Minister may from time to time approve for this purpose;

(3) the farmer may cultivate and apply herbicides to that part of the strip which adjoins a field boundary where it is desirable so to do in order to maintain a sterile area;

(4) the farmer shall not roll the strip from 10th April in any year until after the adjoining cereal crop has been harvested.

Option 4—Permanent Grassland Enhancement

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

(1) the farmer shall not use a chain harrow or roller between 31st March and 1st July in any year;

(2) the farmer shall exclude stock at least seven weeks before the first cut for hay or silage;

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

(4) the farmer shall not top or cut the grass before 1st July or after 31st August in any year;

(5) in relation to any grassland which has not been cut for hay or silage, the farmer shall either top one half of that grassland each year, or shall top the whole of the grassland once in every two years;

(6) the farmer shall observe the requirements of Schedule 1, paragraph 1 and Schedule 1, paragraph 2(1) to (6) inclusive.

Article 6(3)

SCHEDULE 3 CONSERVATION PLAN OPERATIONS

1.  The provision of fencing and water supplies for livestock where the farmer is establishing new grazing patterns as a result of the provisions of Schedule 2, Option 1 or 2.

2.  The removal of scrub.

3.  The planting, laying or coppicing of hedges.

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

5.  The restoration of ponds, dewponds or ditches.

6.  Works to protect historic and archaeological features.

(1)

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