The Environmentally Sensitive Areas (South Downs) Designation Order 1997

Article 4(1)

SCHEDULE 1 REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.  As regards any chalk downland which is subject to the agreement, a requirement to the effect that the farmer shall maintain it as grassland and shall not plough, chain harrow, roll, level, re-seed or otherwise cultivate it.

2.  As regards any river valley grassland which is subject to the agreement, requirements to the effect that–

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

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

(i) 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

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

3.  As regards all grassland which is subject to the agreement, requirements to the effect that–

(a) the farmer shall graze the land with cattle or sheep but not in such a manner as to cause poaching, undergrazing or overgrazing and shall, within 18 months of the start of the agreement, agree with the Minister a grassland management plan and shall implement that plan;

(b) the farmer shall not cut grass for hay or silage nor top the grass before 1st July in any given year;

(c) the farmer shall not apply any fertiliser to the land;

(d) the farmer shall not use fungicides and insecticides on the land;

(e) the farmer shall control weeds and shall not apply to the land 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 and if using herbicides for that purpose shall apply them by hand-held weed wiper or by spot treatment with a knapsack sprayer;

(f) the farmer shall not apply to the land lime or slag or any substance designed to reduce the acidity of the soil;

(g) the farmer shall not install any new drainage system or otherwise substantially modify any existing drainage system;

(h) the farmer shall not fill in any existing ditches and shall maintain them by mechanical means and shall level spoil after allowing it to dry;

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

(j) the farmer shall protect and maintain dewponds, reedbeds and ponds;

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

(l) the farmers shall maintain any weatherproof field barn for which he is responsible in a weatherproof condition using traditional materials;

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

(n) 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 determination as to the need for any approval by the local planning authority under Part 6 or 7 of Schedule 2 (permitted development) to the Town and Country Planning (General Permitted Development) Order 1995(1) or planning permission;

(o) the farmer shall obtain written advice on the management of any woodland, trees or scrub or proposals to plant new woodland from a person approved by the Minister for the purpose of giving that advice; and

(p) in relation to any scrub, the farmer shall agree with the Minister in writing within 12 months of the start of the agreement a scrub management programme and shall implement that programme.

(1)

S.I. 1995/418.