The Environmentally Sensitive Areas (South Downs—Western Extension) Designation Order 1987

Article 4

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.   As regards any grassland which is the subject of an agreement, including chalk downland—

(1) The farmer shall maintain grassland and shall not plough, level or re-seed. The farmer shall not cultivate except by chain harrow or roller.

(2) The farmer shall graze with cattle or sheep at an average stocking rate not exceeding one livestock unit per hectare per year, but in any event not so as to cause poaching, undergrazing or overgrazing.

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

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

(5) The farmer shall not apply pesticides.

(6) 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 weed wiper or by spot treatment.

(7) Within two years of the commencement of the agreement, the farmer shall obtain from the persons or bodies designated by the Minister written advice on the management of scrub.

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

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

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

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

Within two years of the commencement of the agreement, the farmer shall obtain from the persons or bodies designated by the Minister written advice on the management of woodland.

4.   As regards all land which is the subject of an agreement—

(1) The farmer shall maintain dewponds and reed beds.

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

(3) The farmer shall maintain any weatherproof field barn which he owns or the exterior of which he has a liability to repair in a weatherproof condition using traditional materials.

(4) The farmer shall not install any new drainage system nor substantially modify the existing drainage system.

(5) The farmer shall maintain existing ditches by non-chemical means. Where the maintenance of water levels is within the farmer’s control, the farmer shall—

(a) ensure that 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) ensure at all times that ditches are not allowed to dry out completely.

(6) The farmer shall ensure in farming the land that he does not damage or destroy any feature of historic interest.

(7) The farmer shall obtain from the Minister written advice concerning siting and materials before constructing buildings or roads or carrying out other engineering operations authorised under Class VI of the Town and Country Planning General Development Orders 1977 to 1985((1)). This requirement shall not apply to any development in respect of which notice of a direction restricting permitted development has been served under article 4 of the Town and Country Planning General Development Order 1977((2)).

Article 6(2)

SCHEDULE 2 ADDITIONAL PROVISIONS IN AGREEMENT TO OBTAIN HIGHER RATE OF PAYMENT

As regards any land which is the subject of an agreement and which has been continuously used for arable cropping since 31st August 1987—

(1) The farmer shall cease arable production and shall establish a grassland sward within twelve months of the commencement of the agreement.

(2) During a period of twelve months from the commencement of the agreement the farmer shall consult the Minister as to the application of any substance intended to assist the establishment of a grassland sward, and in particular as to the application of—

(a) any organic or inorganic fertiliser, or

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

(3) After the expiry of the twelve-month period referred to in sub-paragraphs (1) and (2) above, the farmer shall observe in relation to the newly-established grassland sward the requirements laid down in Schedule 1, paragraphs 1 and 2.

(1)

S.I. 1977/289, 1980/1946, 1981/245, 1569, 1983/1615, 1985/1011, 1981; the relevant amending instrument is S.I. 1986/435.

(2)

S.I. 1977/289; the relevant amending instruments are S.I. 1985/1981, 1986/435.