The Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1992

Article 8

SCHEDULE

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 existing field patternsand shall not remove any hedges or walls or the lynchets on which they stand or any part thereof;

(2) The farmer shall not widen gateways or remove gate posts;

(3) The farm shall maintain stockproof hedgesand walls in a stockproof condition using traditional methods and materials;

(4) The farmer shall not erect any permanent fencing;

(5) The farmer shall maintain pondsand streams;

(6) The farmer shall not remove boulders which protrude from, or rest on the surface of, his land;

(7) The farmer shall not damage or destroy any feature of historic interest;

(8) The farmer shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional materials;

(9) The farmer shall obtain written advice concerning siting and materials from the Minister before constructing buildings or roads or undertaking any other engineering or construction operations which do not require prior notification determination by the local planning authority under the Townand Country Planning General Development Order 1988(1), or planning permission;

(10) The farmer shall not plant trees without the prior written consent of the Minister.

2.   As regards any rough land which is the subject of an agreement–

(1) The farmer shall maintain the land and shall not plough, excavate, level, re-seed, cultivate or carry out any mechanical operations;

(2) The farmer shall not install any new drainage nor substantially modify any existing drainage system;

(3) The farmer shall graze with cattle but not so as to cause poaching, overgrazing or undergrazing;

(4) The farmer shall not burn heather, grass or scrub except in accordance with a programme agreed in advance with the Minister;

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

(6) The farmer shall not apply any organic or inorganic fertiliser;

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

(8) The farmer shall not use fungicides or insecticides;

(9) The farmer shall not apply herbicides except to control bracken, spear thistle, creeping or field thistle, curled dock, broad-leaved dock or ragwort. Herbicides used for these purposes shall be applied by weedwiper or spot treatment. In the case of bracken, control shall be by means of asulam where it cannot be controlled by mechanical means;

(10) The farmer shall not erect temporary fencing.

Article 6(2)

SCHEDULE 2 CONSERVATION PLAN OPERATIONS

1.   The provision and rebuilding of Cornish and stone hedges, walls and stiles.

2.   The renovation of traditional farm buildings.

3.   The management of scrub.

4.   The reversion of land to rough land, or the environmental improvement of rough land.

5.   The creation or restoration of ponds.

6.   The control of bracken.

7.   Works to protect historic and archaeological features.

8.   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.”

(1)

S.I. 1988/1813. The relevant amending instrument is S.I. 1991/2268.