The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997

Article 4(1)

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.  As regards all land which is the subject of the agreement, requirements to the effect that–

(a) the farmer shall not increase his existing application rates of fertiliser;

(b) the farmer shall not graze any grassland in such a manner as to cause poaching, over-grazing or under-grazing;

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

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

(e) the farmer shall maintain any weatherproof field barns for which he is responsible in a weatherproof condition using traditional materials;

(f) the farmer shall not damage or destroy any feature of historic interest;

(g) 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 determination as to the need for any approval by the local planning authority under Part 6 or 7 of Schedule 2 (permitted development) to the Town and Country Planning (General Permitted Development) Order 1995(1) or planning permission.

2.  As regards any existing or proposed woodland which is subject to an agreement, a requirement to the effect that within two years of the commencement of the agreement, the farmer shall obtain written advice on the management of existing woodland or, as the case may be, on proposals to plant any new woodland, from a person approved by the Minister for the purpose of giving that advice.

Articles 4(2) and 5(2)(a)

SCHEDULE 2 ADDITIONAL PROVISIONS TO WHICH PAYMENTS REFERRED TO IN SCHEDULE 8, PART II, ITEMS 1 AND 2 RELATE

As regards all grassland which is subject to the agreement, requirements to the effect that–

(a) the farmer shall maintain the grassland and shall not plough, level or reseed it at any time, nor shall he harrow or roll pasture or allotment land during the period from 1st April to 15th July in any given year;

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

(c) the farmer shall not apply slurry or poultry manure to the grassland;

(d) the farmer shall not apply to the grassland farmyard manure which has not been produced on his own farm without the prior written approval of the Minister, shall not increase his existing application rates in respect of farmyard manure produced on his own farm, and shall not in any event apply more than 12.5 tonnes per hectare per year, and shall make only one application a year;

(e) the farmer shall not apply fungicides and insecticides to the grassland;

(f) the farmer shall not apply to the grassland herbicides except to control bracken, nettles, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort and, if using herbicides for that purpose, shall apply them by weed wiper or by spot treatment, and, for the purposes of controlling bracken, shall use asulam where it cannot be controlled by mechanical means;

(g) the farmer shall not apply to pasture or allotment land lime or slag or any substance designed to reduce the acidity of the soil, and he shall not, without the prior written approval of the Minister, apply to meadowland more than 5 tonnes per hectare of lime at intervals more frequent than once every 8 years;

(h) the farmer shall not cut or spray areas of rushes in pastures or allotment land;

(i) the farmer shall not install any new drainage system, or substantially modify any existing drainage system;

(j) the farmer shall not apply fertilisers to allotment land;

(k) the farmer shall not increase his existing stocking rate on allotment land, shall agree a management plan for grazing that land with the Minister and shall implement that plan;

(l) the farmer shall not disturb or remove material forming mineral spoil tips; and

(m) the farmer shall not dispose of dirty water on the grassland other than on areas agreed in writing with the Minister.

2.  As regards any meadowland which is subject to the agreement, requirements to the effect that–

(a) the farmer shall maintain it as meadowland for the length of the agreement;

(b) the farmer shall not cultivate the meadowland except with a chain harrow or roller, and shall carry out any such cultivation as soon as possible in the spring once stock have been removed;

(c) 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 given year;

(d) the farmer shall not take the first cut of grass from meadowland for hay or silage before 8th July in any given year, and in accordance with a programme of cutting agreed with the Minister either–

(i) at least one year in every five he shall make the first cut after 22nd July, or

(ii) he shall agree to cut at least 20% of the meadowland after 22nd July in each year of the agreement,

and he shall have regard to the welfare of fledglings of ground nesting birds when planning such cuts;

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

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

Articles 4(2) and 5(2)(b)

SCHEDULE 3 ADDITIONAL PROVISIONS TO WHICH PAYMENTS REFERRED TO IN SCHEDULE 8, PART II, ITEMS 3 AND 4 RELATE

Option 1

As regards any meadowland which is subject to the agreement, requirements to the effect that–

(a) the farmer shall exclude stock from the meadowland by 15th May in any year;

(b) the farmer shall not apply inorganic or artificial organic fertiliser to the meadowland;

(c) the farmer shall cut all meadows and remove the crop, but he shall not cut for hay before 15th July in any year and not for silage before 22nd July in any year.

Option 2

As regards any pasture or allotment land which is the subject of the agreement, requirements to the effect that the farmer shall agree with the Minister a programme in writing of grassland management to enhance the nature conservation value of botanically diverse grassland which shall include the following provisions–

(a) the farmer shall not apply any fertiliser to the pasture or allotment land; and

(b) the farmer shall not exceed a stocking density of 0.3 livestock units per hectare of pasture or allotment land, and, in a continuous 8 week period starting no earlier than 1st April in any one year and ending no later than 31st July in that year, shall not exceed a stocking density of 0.15 livestock units per hectare, and for the purposes of this paragraph, “livestock unit” means–

(i) 1 bovine animal more than 2 years old;

(ii) 1.66 bovine animals no younger than 6 months old but less than 2 years old;

(iii) 6.66 sheep; or

(iv) 1 horse more than 6 months old or pony more than 6 months old.

Articles 4(2) and 5(2)(c)

SCHEDULE 4 ADDITIONAL PROVISIONS TO WHICH PAYMENTS REFERRED TO IN SCHEDULE 8, PART II, ITEM 5 RELATE

As regards any woodland which is subject to the agreement, a requirement to the effect that the farmer shall agree a programme of woodland management in writing with the Minister to enhance the nature conservation and landscape value of native woodland, and to keep the woodland stockproof, and shall implement that programme.

Articles 4(2) and 5(3)

SCHEDULE 5 ADDITIONAL PROVISIONS RELATING TO DRYSTONE WALLS

As regards any drystone walls which are subject to the agreement, a requirement to the effect that the farmer shall agree with the Minister a programme in writing for the renovation of those drystone walls to be implemented over a period of 5 years, and shall implement that programme.

Articles 4(2) and 5(4)

SCHEDULE 6 REQUIREMENTS AS TO PUBLIC ACCESS

As regards any access route which is subject to the agreement, requirements to the effect that–

(a) the farmer shall make the access route available for public access at no charge;

(b) the farmer shall maintain free passage over the access route;

(c) the farmer shall not erect new fences on or adjacent to the access route without the prior written approval of the Minister;

(d) the farmer shall keep the access route and fields crossed by it free of litter and other refuse;

(e) the farmer shall exclude bulls from the access route and fields crossed by it, except for any bull which–

(i) does not exceed the age of 10 months, or

(ii) is not of a recognised dairy breed and is at large in any field or enclosure in which cows and heifers are also at large;

(f) the farmer shall provide and maintain adequate means of entry to the access route;

(g) the farmer shall affix and maintain appropriate signboards and waymarking;

(h) the farmer shall not without the Minister’s prior written approval permit any of the following activities on the access route or on fields crossed by it–

(i) camping,

(ii) caravanning,

(iii) lighting of fires,

(iv) organised games or sports,

(v) riding of motor vehicles (except for those used for agricultural operations on the land subject to the agreement);

(i) the farmer shall agree in advance with the Minister in writing whether or not the riding of horses or cycles shall be permitted on the access route, and shall not permit such activities other than to the extent so agreed;

(j) the farmer shall not close the access route to the public other than for a specified number of days, to be agreed with the Minister in writing and in advance and, where the access route is closed as so agreed, shall ensure that signs giving notice of the intended closure and the reasons for it are posted at each entry point to the access route at least two weeks in advance of the date of closure; and

(k) the farmer shall agree in advance with the Minister in writing public liability insurance cover and shall maintain it for the duration of the agreement.

Articles 4(2) and 5(6)

SCHEDULE 7 CONSERVATION PLAN OPERATIONS

1.  The building or rebuilding of drystone walls using traditional materials.

2.  The planting, laying and coppicing of hedges.

3.  The renovation of field barns using traditional materials.

4.  The creation or re-creation of meadowland.

5.  Tree planting.

6.  Works to protect historic and archaeological features.

7.  Works designed to restore or create landscape features or features for the benefit of wildlife in a manner compatible with the enhancement of the environment.

8.  The provision and restoration of gates, stiles and footbridges where the agreement includes the requirements of Schedule 6 as to public access.

9.  The control of bracken.

10.  The provision and repair of stiles.

Article 5

SCHEDULE 8 MAXIMUM PAYMENT RATES

Part I

A maximum rate of £20 per annum

Part II

Item	Schedule	Maximum rate in £ per hectare of land per annum
	Schedule 2
1	—in relation to meadowland	£135
2	—in relation to grassland other than meadowland	£95
	Schedule 3
3	—Option 1	240
4	—Option 2	145
5	Schedule 4	200

Part III

A maximum rate of £14 per metre

Part IV

A maximum rate of £170 per hectare

Part V

A maximum of £100,000 per agreement

Article 6

SCHEDULE 9 AMENDMENTS TO THE ENVIRONMENTALLY SENSITIVE AREAS (PENNINE DALES) DESIGNATION ORDER 1992

1.  The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992(2) is amended in accordance with the following provisions of this Schedule.

2.  In article 2 (interpretation)–

(a) in paragraph (1) for the definition of “conservation plan” there is substituted the following definition–

“conservation plan” means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 4 (or in Schedule 7 to the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997); and

(b) in article 2 (interpretation) in paragraph (2), for the words “shall be construed as” there are substituted the words “(with no corresponding reference to a specific instrument) is”.

3.  In article 6 (rates of payment under agreement) for paragraphs (2) and (3), there are substituted the following paragraphs–

“(2) Where an agreement contains the additional provisions specified in–

(a) Schedule 2, or

(b) Schedule 1, option 2 of Schedule 3, Schedule 4 or Schedule 5 to the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997,

the Minister shall make payments at the rate per annum shown in the following table for each hectare of land or (in respect of the final item) metre of wall which under the agreement is subject to those additional provisions–

Schedule	£ per hectare of land or metre of wall per annum
Schedule 2	240
Schedule 1 to the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997.	20
Option 2 of Schedule 3 to the Environmentally Sensitive Areas (Pennine Dales Designation Order 1997.	145
Schedule 4 to the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997.	200
Schedule 5 to the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997.	14

(3) Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, up to a maximum sum of £100,000 per agreement.”.

(1)

S.I. 1995/418.

(2)

S.I. 1992/55, amended by S.I. 1992/301, S.I. 1993/460, S.I. 1994/930, S.I. 1996/923, S.I. 1996/3104.