The Environmentally Sensitive Areas (Cotswold Hills) Designation Order 1994

Articles 4 and 7(1)

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AN AGREEMENT

1.  As regards all land which is the subject of an agreement—

(1) the farmer shall not use land (including ley grassland which has been established for less than 5 years) for the growing of arable crops apart from land in such use on 31st December 1993;

(2) the farmer shall not increase existing application rates of organic and inorganic fertiliser. He shall not apply any organic fertiliser within 50 metres of a spring, well or borehole that supplies water for human consumption or within 10 metres of any watercourse;

(3) the farmer shall not remove any walls, banks and hedges or any part thereof. He shall not plough or apply pesticides or fertiliser on land within 1 metre of any wall, bank or hedge;

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

(5) the farmer shall agree in writing in advance with the Minister a programme for the restoration of drystone walls. The programme shall include the restoration of a minimum of 0.25 metre of drystone walls per hectare of land with a drystone wall or walls subject to the agreement per annum;

(6) the farmer shall retain and manage individual trees and groups of trees for which he is responsible and shall retain existing broadleaved woodland. Within two years of the start of the agreement, he shall obtain written advice from a person approved by the Minister on the management of existing woodland and groups of trees and on any proposals to plant new woodland or trees;

(7) the farmer shall manage scrub;

(8) the farmer shall carry out any necessary bracken control in accordance with a programme agreed in writing in advance with the Minister. Control shall be by means of asulam where mechanical means cannot be used;

(9) the farmer shall retain and manage watercourses, ditches, ponds and wetland (including margins and banks) for which he is responsible by mechanical means;

(10) the farmer shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional styles and materials;

(11) the farmer shall retain rock outcrops;

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

(13) the farmer shall obtain from a person approved by the Minister written advice on the agricultural management of known archaeological and historic features;

(14) the farmer shall not erect any permanent fences, except for backfencing hedges or banks, without the Minister’s prior written approval;

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

(16) the farmer shall obtain from the Minister written advice on siting, design and materials before constructing buildings or roads or before carrying out any other engineering or construction works 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;

(17) the farmer shall ensure that livestock removed from the land do not graze areas of common which are not subject to an agreement.

2.  As regards all improved permanent grassland which is the subject of an agreement—

(1) the farmer shall maintain the land and shall not plough, level or reseed;

(2) the farmer shall not chain harrow or roll except to the extent that he did so at the start of the agreement;

(3) the farmer shall graze with livestock other than pigs or poultry but not so as to cause poaching, overgrazing or undergrazing. He shall not graze horses except in conjunction with cattle or sheep or both;

(4) the farmer shall rotate areas used for supplementary feeding of livestock so as to avoid poaching;

(5) the farmer shall manage hay meadows as such for the duration of the agreement;

(6) the farmer shall exclude stock from hay meadows at least seven weeks before the first cut for hay and in any event before 20th May until the end of cutting in any year;

(7) the farmer shall cut hay meadows for hay each year, remove the cuttings and graze the aftermath. He shall not cut the grass before 8th July in any year;

(8) the farmer shall wilt and turn any grass cut for silage and graze the aftermath;

(9) the farmer shall not increase existing application rates of organic or inorganic fertiliser and in any event shall not apply more than 175kg of nitrogen per hectare per year;

(10) the farmer shall not apply any fungicides or insecticides;

(11) the farmer shall not apply any herbicides except to control bracken, stinging nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort. Except for bracken control, herbicides used for these purposes shall be applied by wick applicator or by spot treatment;

(12) the farmer shall not install any new land drainage system or modify any existing land drainage system so as to bring about improved drainage.

3.  As regards all extensive permanent grassland which is the subject of an agreement—

(1) the farmer shall maintain the land and shall not carry out any mechanical operations from 1st April until 8th July inclusive in any year;

(2) the farmer shall graze with cattle or sheep or both, or with horses in conjunction with cattle or sheep or both;

(3) the farmer shall not exceed 0.75 livestock units per hectare on land in valley bottoms from 1st April until 31st May inclusive in any year;

(4) the farmer shall restrict supplementary feeding of cattle or sheep to areas agreed with the Minister in writing in advance;

(5) the farmer shall not apply any organic or inorganic fertiliser except for farmyard manure. He shall apply farmyard manure in a single application and shall not increase existing application rates and in any event shall not apply more than 12.5 tonnes per hectare per year on hay meadows and 12.5 tonnes per hectare in any three year period on other land. He shall not apply slurry, pig or poultry manure or sewage sludge;

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

(7) the farmer shall observe the provisions of paragraph 2 above.

(1)

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