The Environmentally Sensitive Areas (South Downs) Designation Order 1992

Article 4

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.  As regards any chalk downland which is the subject of an agreement–

The farmer shall maintain grassland and shall not plough, chain harrow, roll, level, reseed or otherwise cultivate it.

2.  As regards any river valley grassland which is the subject of an agreement–

(1) The farmer shall maintain grassland and shall not plough, level or re-seed or otherwise cultivate it. The farmer shall not use a chain harrow or roller between 31st March and 1st July in any year.

(2) Where the maintenance of water levels is within the farmer’s control, the farmer shall ensure that–

(a) 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) ditches are not allowed to dry out completely.

3.  As regards all land which is the subject of an agreement–

(1) The farmer shall graze with cattle or sheep but not so as to cause poaching, undergrazing or overgrazing.

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

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

(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, broad-leaved dock or ragwort or for stump treatment of cleared scrub. Herbicides used for these purposes shall be applied by hand-held weed wiper or by spot treatment with a knapsack sprayer.

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

(7) The farmer shall not install any new drainage system or substantially modify any existing drainage system.

(8) The farmer shall not fill in any existing ditches and shall maintain them by mechanical means. The farmer shall level spoil after allowing it to dry.

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

(10) The farmer shall protect and maintain dewponds, reedbeds and ponds.

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

(12) The farmer shall maintain any weatherproof field barn for which he is responsible in a weatherproof condition using traditional materials.

(13) The farmer shall not damage or destroy any feature of historic interest.

(14) 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 notification determination by the local planning authority under the Town and Country Planning General Development Order 1988(1), or planning permission.

(15) The farmer shall obtain written advice from a person approved by the Minister on the management of any woodland, trees or scrub or proposals to plant new woodland.

Article 6(2)

SCHEDULE 2 ADDITIONAL PROVISIONS

Option 1 – Chalk Downland Reversion

1.  As regards any land which is the subject of an agreement which is suitable for reversion to chalk downland which–

• has been converted from arable to grassland under a previous agreement, or

• on 31st August 1991, 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 intensive grassland production and shall establish a grassland sward within twelve months of the start of the agreement using seed from native grass species approved by the Minister.

  (2)

  During a period of twelve months from the start of the agreement the farmer shall not apply–

  (a)

  any organic or inorganic fertiliser,

  (b)

  lime, slag or any substance designed to reduce the acidity of the soil,

  (c)

  any pesticide

  without obtaining the Minister’s prior approval.

  (3)

  During each of the three years following grasslandestablishment, the farmer shall cut the grassland sward, remove the cuttings as hay or silage and graze the aftermath. He shall not make the first cut before 16th July in any year.

2.  The farmer shall observe the requirements of Schedule 1 paragraph 3 from the commencement of the agreement. After the expiry of the twelve month period referred to in paragraph 1(2) above, he shall also observe the requirements of Schedule 1 paragraph 1 except that he may cultivate the grassland sward using a chain harrow or roller during the three years from the start of the agreement.

Option 2 – Permanent Grassland Reversion

1.  As regards any land which is the subject of an agreement which is suitable for conversion from arable to permanent grassland and which–

• has been converted from arable to grassland under a previous agreement, or

• on 31st August 1991, was in arable cropping or had been in ley management for less than five years as part of an arable rotation–

  (1)

  Except where reversion to grassland has already taken place, the farmer shall cease arable production and establish a grassland sward within twelve months of the start of the agreement.

  (2)

  During a period of twelve months from the start of the agreement the farmer shall not apply–

  (a)

  any organic or inorganic fertiliser,

  (b)

  lime, slag or any substance designed to reduce the acidity of the soil,

  (c)

  any pesticide

  without obtaining the Minister’s prior approval.

2.  The farmer shall observe the requirements of Schedule 1 paragraph 3 from the commencement of the agreement. After the expiry of the twelve month period referred to in paragraph 1(2) above, he shall observe the requirements of Schedule 1 paragraph 1 (in relation to chalk downland), or Schedule 1 paragraph 2 (in relation to river valley grassland).

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 to the strip other than–

(a)

Tri–allate, diclofop–methyl, difenzoquat, flamprop–M–isopropylbenzoyl propethyl or fenoxapropethyl;

(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.

Article 6(3)

SCHEDULE 3 CONSERVATION PLAN OPERATIONS

1.  The rebuilding of flint walling using traditional materials.

2.  The planting, laying or coppicing of hedges.

3.  The renovation of barns using traditional materials.

4.  The management of scrub.

5.  The provision offencing and water supplies for livestock where the farmer is establishing new grazing patterns in accordance with Schedule 2 Option 1 or 2.

6.  The construction of water level penning structures such as bunds and sluices in order to raise ditch water levels.

7.  The creation or restoration of ponds, scrapes, ditches and reedbeds.

8.  Works to protect historic and archaeological features.

9.  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.