The Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987

Article 4

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

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

1.  the farmer shall retain existing field patterns;

2.  the farmer shall not remove any existing hedge, wall or bank;

3.  the farmer shall not erect any new fence;

4.  the farmer shall not plough, level, reseed or cultivate rough land and hay meadows;

5.  the farmer shall maintain existing stockproof hedges, walls and banks in a stockproof condition using traditional materials;

6.  the farmer shall not remove any existing stone gate posts;

7.  the farmer shall conserve and maintain all existing lakes, ponds and streams;

8.  the farmer shall in farming the land ensure that he does not damage or destroy any archaeological or historic feature if the Secretary of State has notified him in writing of its existence;

9.  the farmer shall obtain from the Secretary of State written advice concerning siting, design and materials before constructing or altering 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));

10.  the farmer shall retain all broadleaved trees and scrub;

11.  the farmer shall, before planting any trees for agricultural purposes, obtain written advice on the siting and management of those trees from the persons or bodies designated by the Secretary of State;

12.  the farmer shall, within two years of the commencement of the agreement, obtain from the persons or bodies designated by the Secretary of State written advice on the management of broadleaved woodland and scrub;

13.  the farmer shall not apply any fungicide, insecticide, herbicide, lime or fertiliser within a strip of land at least ten metres wide which is adjacent to any bog, fen, lake, pond or stream.

Article 6(2)

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

1.   As regards any land which is the subject of the agreement and which is rough land—

(1) the farmer shall not install any new drainage system nor substantially modify any existing drainage system;

(2) the farmer shall graze with cattle or sheep at an average annual stocking rate not exceeding 0·75 livestock units per hectare but in any event not so as to cause poaching, undergrazing or overgrazing;

(3) the farmer shall burn gorse, heather or grass only in accordance with a programme agreed in advance with the Secretary of State;

(4) the farmer shall not apply any type of fertiliser, slurry, lime, basic slag or any other substance designed to reduce the acidity of the soil;

(5) the farmer shall not apply pesticides;

(6) the farmer shall not apply herbicides except to control bracken (Pteridium aquilinum), nettles (Urtica dioica), spear thistle (Cirsium vulgare), creeping or field thistle (Cirsium arvense), curled dock (Rumex crispus), broadleaved dock (Rumex obtusifolius) or ragwort (Senecio jacobaea) and then only by spot treatment or weed wiper and in the case of bracken (Pteridium aquilinum) by overall spray treatment;

(7) the farmer shall control bracken (Pteridium aquilinum) only by means of asulam or other chemical approved by the Secretary of State or by cutting or crushing.

2.   As regards any land which is the subject of the agreement and which is a hay meadow—

(1) the farmer shall not cut for hay or silage before 8th July in any year;

(2) the farmer shall take at least one cut for hay or silage after 7th July in any year;

(3) the farmer shall exclude livestock between 15th May and the first cut for hay or silage in any year;

(4) the farmer shall, subject to the requirement specified in the previous sub-paragraph, graze cattle and sheep between 8th July in any year and 15th May in the following year at an average stocking rate not exceeding 1 livestock unit per hectare but in any event not so as to cause poaching, undergrazing or overgrazing;

(5) the farmer shall not install any new drainage system nor substantially modify any existing drainage system;

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

(7) the farmer shall not apply any organic fertiliser other than farmyard manure;

(8) the farmer shall not increase existing application rates of farmyard manure and shall not in any event apply more than 12·5 tonnes of farmyard manure per hectare per annum;

(9) the farmer shall not apply pesticides;

(10) the farmer shall not apply herbicides except to control bracken (Pteridium aquilinum), nettles (Urtica dioica), spear thistle (Cirsium vulgare), creeping or field thistle (Cirsium arvense), curled dock (Rumex crispus), broadleaved dock (Rumex obtusifolius) or ragwort (Senecio jacobaea) and then only by spot treatment or weed wiper and in the case of bracken (Pteridium aquilinum) by overall spray treatment;

(11) the farmer shall control bracken (Pteridium aquilinum) only by means of asulam or other chemical approved by the Secretary of State or by cutting or crushing.

(1)

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

(2)

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