The Environmentally Sensitive Areas (Test Valley) Designation Order 1993

Article 4

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.  As regards any improved permanent grassland which is the subject of an agreement–

(1) the farmer shall maintain such grassland and shall not plough, level or re-seed. The farmer shall cultivate only with a chain harrow or roller;

(2) the farmer shall graze the aftermath of grass cut for hay or silage with livestock;

(3) the farmer shall graze with cattle or sheep or both (or with other animals by agreement with the Minister), but not so as to cause poaching, overgrazing or undergrazing;

(4) the farmer shall not increase existing application rates of organic or inorganic fertiliser and in any event shall not apply more than 250 kilogrammes of nitrogen per hectare per year. He shall not apply organic fertiliser within 50 metres of any spring, well or borehole supplying water for human consumption or within 10 metres of any watercourse.

2.  As regards any unimproved permanent grassland which is the subject of an agreement–

(1) the farmer shall not use a chain harrow or roller between 31st March and 1st July in any year;

(2) the farmer shall not exceed a stocking level of 0.75 livestock units per hectare between 31st March and 1st June in any year;

(3) the farmer shall not top or cut the grass for hay or silage before 1st July in any year and, when cutting for silage, shall wilt and turn the grass before removal;

(4) the farmer shall not apply inorganic or organic fertiliser except farmyard manure produced on his own farm. He shall not apply slurry, pig or poultry manure. He shall not increase existing application rates of farmyard manure and in any event shall not apply more than 12.5 tonnes per hectare per year. He shall not make applications of manure between 1st April and 31st May in any year and outside this period shall apply it only in a single dressing;

(5) the farmer shall not apply fungicides or insecticides;

(6) the farmer shall not apply herbicides except to control nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort, or for stump treatment of cleared scrub. Herbicides used for these purposes shall be applied by wick applicator or spot treatment;

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

3.  As regards any broadleaved woodland which is the subject of an agreement, within two years from the start of the agreement, the farmer shall obtain from a person approved by the Minister written advice on the management of broadleaved woodland (including copses, sallow thickets, alder carr, groups of trees and scrub), unless he has obtained such advice under a previous agreement relating to the same land.

4.  As regards all land 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 dispose of sheep dip safely and shall not spread it where it may affect areas of nature conservation value;

(3) the farmer shall not use a sub-soiler or install any new field drainage system or modify any existing system so as to bring about improved drainage;

(4) the farmer shall maintain watercourses and ditches in rotation by mechanical means and shall dry and level spoil. The farmer shall not fill in watercourses and ditches;

(5) the farmer shall retain and manage hedges and trees (including pollarded willows) using traditional methods;

(6) the farmer shall maintain stockproof hedges in a stockproof condition using traditional methods;

(7) the farmer shall maintain ponds, lakes, pools, sedgebeds and reedbeds in rotation in accordance with written advice on the management of these features obtained from a person designated by the Minister within two years from the start of the agreement;

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

(9) the farmer shall obtain from the Minister written advice concerning siting and materials before constructing buildings or roads or carrying out other engineering or construction operations which do not require prior notification determination under the Town and Country Planning General Development Order 1988(1), or planning permission.

Article 6(2)

SCHEDULE 2 ADDITIONAL PROVISIONS (ARABLE REVERSION)

As regards any land which is the subject of an agreement which is suitable for reversion to permanent grassland and which on 31st August 1992 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 production or ley management and establish a grassland sward within twelve months of the start of the agreement using 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 other substance designed to reduce the acidity of the soil;

(c) any fungicide, insecticide or herbicide,

without obtaining the Minister’s prior approval;

(3) the farmer shall cut the grassland sward referred to in subparagraph (1) above during each of the first three years following its establishment, remove the cuttings as hay and graze the aftermath with livestock. He shall not cut the sward before 1st July in any year;

(4) in addition to observing the requirements of Schedule 1 paragraph 4 above from the start of the agreement, after the expiry of the twelve month period referred to in subparagraph (1) above, he shall observe the requirements of Schedule 1 paragraphs 1 and 2.

Article 6(3)

SCHEDULE 3 CONSERVATION PLAN OPERATIONS

1.  The planting, laying, gapping or coppicing of hedges.

2.  The restoration of ponds, pools or lakes.

3.  The management of scrub or small groups of trees.

4.  The renovation of traditional farm buildings using traditional methods and materials.

5.  The restoration of reedbeds including sedgebeds.

6.  The provision of water supplies and fencing where necessary for the reintroduction of grazing.

7.  The provision of fencing to protect wildlife interest in and around ditches.

8.  Works to protect historic and archaeological features.

(1)

S.I. 1988/1813. The relevant amending instrument is S.I. 1991/2805.