The Environmentally Sensitive Areas (Stage III) Designation Order 2000

articles 2(1) and (3), 3 and 5(1)

SCHEDULE 1 AVON VALLEY

PART 1 DESIGNATION OF ENVIRONMENTALLY SENSITIVE AREA

The area of land in the Avon Valley in the counties of Dorset, Hampshire and Wiltshire which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the Avon Valley environmentally sensitive area” dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.

PART 2 CAPITAL ACTIVITIES

• The planting, laying, gapping up or coppicing of hedges.

• The creation or restoration of ponds, pools and lakes and the restoration of ditches.

• The control of scrub, reedbeds or small groups of trees.

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

• Works to protect historic and archaeological features.

• The provision and restoration of gates, stiles and footbridges where an agreement includes requirements as to public access.

• Re-introduction of pollarding management for neglected trees.

• Tree-planting.

• The renovation of farm buildings using traditional materials.

• Creation of scrapes.

• Provision or restoration of water-control structures.

• The restoration of reedbeds and sedgebeds.

• The provision of water supplies and fencing where necessary for the re-introduction of grazing.

• Provision of cattle drinking bays.

• Provision of silt traps in watercourses.

• Purchase of a seed mixture for arable reversion.

• Other works for the restoration or enhancement of wildlife habitats.

PART 3 MANAGEMENT ACTIVITIES

column 1	column 2
Activity	Maximum rate in £ per hectare of land per annum
1.  Management of improved permanent grassland in accordance with an agreed grassland management plan.	25
2.  Management of extensive permanent grassland.	110
3.  Where management of any kind referred to in item 1 above is undertaken, additional management for the purposes of restricting the input of fertilizer.	45
4.  Where management of any kind referred to in item 1 or 2 above is undertaken, additional management for the purposes of providing conditions for breeding wader birds.	35
5.  Management of wet grassland including restriction on stocking levels.	295
6.  In relation to cultivated land— (a) reversion of arable land to grassland	265
(b) creation and management of buffer strips	400
7.  Maintenance of woodland.	17
8.  The provision of public access routes.	170
9.  Maintenance of improved permanent grassland.	130
10.  Management of wet grassland.	180

PART 4 DEFINITIONS

In this Schedule:

“buffer strip” means a strip of land which is subject to a prohibition on the use of fertilizers and pesticides, which is at least five metres wide and located at the edge of a field used for the production of arable crops;

“extensive permanent grassland” means permanent grassland which is receiving no or only minimal inputs of fertilizer or pesticides;

“grassland management plan” means a plan for the carrying out of operations or controls, including stock management and fertilizer restrictions;

“improved permanent grassland” means permanent grassland that is regularly treated with fertilizers and is used for pasture or for the production of hay or silage;

“permanent grassland” means grassland which has not been ploughed or reseeded for at least ten years;

“wet grassland” means grassland with the potential to retain winter and spring water levels at marsh level to create field wetness or to allow shallow pools to develop.

articles 2(1) and(3), 3 and 5(1)

SCHEDULE 2 EXMOOR

PART 1 DESIGNATION OF ENVIRONMENTALLY SENSITIVE AREA

The area of land on Exmoor in the counties of Devon and Somerset which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the Exmoor environmentally sensitive area” dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.

PART 2 CAPITAL ACTIVITIES

• The planting or laying of hedges.

• The rebuilding of walls using traditional materials.

• The renovation of farm buildings using traditional materials.

• The reversion of land to moorland, or the environmental improvement of moorland.

• The control of bracken, scrub or rhododendron and Japanese knotweed.

• Works to protect historic and archaeological features.

• The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access.

• The creation or restoration of ponds.

• Hedgebank restoration.

• The provision and restoration of timber gates and gate posts.

• Protection or provision of hedgerow trees and other saplings.

• Fencing associated with the exclusion of stock under item 11(b) of Part 3 of this Schedule.

• Restoration and replanting of traditional orchards.

• Other works for the restoration or enhancement of wildlife habitats.

PART 3 MANAGEMENT ACTIVITIES

column 1	column 2
Activity	Maximum rate in £ per hectare of land per annum (except where otherwise stated)
1.  Maintenance of cultivated land.	14
2.  Management of improved permanent grassland.	18
3.  Management of low input permanent grassland.	30
4.  Management of enclosed unimproved permanent grassland.	38
5.  Where management of any kind referred to in item 4 above is undertaken, additional management for the purpose of enhancing biodiversity through restricted stocking.	10
6.  Creation and management of moorland.	225
7.  Maintenance of moorland.	34
8.  As regards heather moorland and coastal heath— (a) maintenance of heather moorland and coastal heath	50
(b) enhancement of heather moorland and coastal heath	60
9.  Where management of any kind referred to in item 7, 8(a) or 8(b) above is undertaken, additional management for the grazed control of purple moor-grass.	10
10.  Where management of any kind referred to in item 8(a) or 8(b) above is undertaken, additional management for the early adoption of winter stocking restrictions.	5
11.  In relation to woodland (a) maintenance of existing woodland	14
(b) management of woodland to enhance its nature conservation and landscape value.	100
12.  Management of any kind referred to in item 1-11 above in respect of common land	5
13.  The provision of public access routes.	170
14.  Hedgerow restoration.	£10 per metre
15.  Hedgerow management.	£24 per metre
16.  Maintenance of improved permanent grassland and low input permanent grassland.	27

PART 4 DEFINITIONS

In this Schedule:

“enclosed unimproved permanent grassland” means enclosed permanent grassland which has not undergone regular land cultivation, or which has not been regularly treated with fertilizers, lime, slag or pesticides;

“heather moorland or coastal heath” means moorland or coastal heath comprised in a grazing unit where the area of heather is greater than 10 hectares or represents more than 25 per cent of the area of the unit;

“improved permanent grassland” means permanent grassland that is regularly treated with fertilizers and which is used for pasture or for the production of hay or silage;

“low input permanent grassland” means grassland used for pasture or hay or silage production, which has received little or no fertilizer and which has developed or has the potential to develop a diverse botanical interest;

“meadowland” means grassland primarily used for the production of hay or silage;

“moorland” means land covered by semi-natural upland vegetation which is generally unenclosed except along ownership boundaries;

“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years.

articles 2(1) and(3), 3 and 5(1)

SCHEDULE 3 LAKE DISTRICT

PART 1 DESIGNATION OF ENVIRONMENTALLY SENSITIVE AREA

The area of land in the Lake District in the county of Cumbria which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the Lake District environmentally sensitive area” dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.

PART 2 CAPITAL ACTIVITIES

• The planting, coppicing or laying of hedges.

• The regeneration of wildlife habitats, including suppressed heather, juniper scrub and water margins.

• The control of bracken.

• The renovation of farm buildings using traditional materials.

• The creation of flower-rich meadowland.

• Works to protect historic and archaeological features.

• The provision and restoration of gates, stiles and footbridges where an agreement includes requirements as to public access.

• The creation or restoration of ponds.

• Tree-planting.

• Pollarding of trees.

• Restoration and replanting of traditional orchards.

• Fencing associated with the exclusion of stock under item 9(b) of Part 3 of this Schedule.

• The provision and restoration of timber gates and gate posts.

• Other works for the restoration or enhancement of wildlife habitats.

PART 3 MANAGEMENT ACTIVITIES

column 1	column 2
Activity	Maximum rate in £ per hectare of land per annum (except where otherwise stated)
1.  Maintenance of cultivated land.	12
2.  Management of inbye land.	47
3.  Management of intake land.	22
4.  Maintenance of fell without heather.	25
5.  As regards heather fell— (a) maintenance of heather fell	38
(b) management of heather fell	42
(c) enhanced management of heather fell	50
6.  Management of meadowland.	190
7.  Management of other habitats through controlled grazing and restricted agricultural admixtures.	100
8.  Where management of any kind referred to in item 5(a), (b) or (c) is undertaken, additional management for the purpose of the early adoption of winter stocking restrictions.	10
9.  In relation to woodland— (a) maintenance of existing woodland	12
(b) management of woodland to enhance its nature conservation and landscape value.	200
10  The provision of public access routes.	170
11.  Management of any kind referred to in items 1 to 9 above which is undertaken in relation to common land.	5
12.  Hedgerow restoration.	£4 per metre
13.  Wall restoration.	£16 per metre
14.  Management of pasture land.	105
15.  Management of wetland.	70

PART 4 DEFINITIONS

In this Schedule:

“fell” means land which is covered by semi-natural upland vegetation and is generally unenclosed except along ownership boundaries;

“heather fell” means fell comprised in a grazing unit where the area of heather is greater than 25 hectares or represents more than 25 per cent of the area of the unit;

“heather” means common heather (calluna vulgaris), and includes common heather growing in association with other ericaceous dwarf shrub species;

“inbye land” means enclosed grassland which has not been ploughed, levelled, drained or reseeded for at least ten years and which is subject to regular treatment with fertilizers, used for pasture or for the production of hay or silage;

“intake land” means enclosed land used exclusively for grazing, most of which has not been regularly ploughed, levelled, drained or treated with fertilizers, lime, slag or pesticides;

“meadowland” means grassland primarily used for the production of hay or silage;

“pasture” means enclosed grassland that is not normally ploughed or reseeded within a period of ten years, is used for the production of pasture and is subject to regular inputs of fertilizer;

“wetland” means land which is subject to regular flooding or which is waterlogged for the greater part of the year.

articles 2(1) and(3), 3 and 5(1)

SCHEDULE 4 NORTH KENT MARSHES

PART 1 DESIGNATION OF ENVIRONMENTALLY SENSITIVE AREA

The area of land on the North Kent Marshes in the county of Kent which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the North Kent Marshes environmentally sensitive area” dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.

PART 2 CAPITAL ACTIVITIES

• The construction of bunds or sluices, or other works designed to control water levels.

• The restoration and reprofiling of ditches and dykes.

• The creation or restoration of ponds.

• The construction or reconstruction of culverts.

• The gapping, laying or coppicing of hedges.

• Works to protect historic and archaeological features.

• The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access.

• Provision of water supplies and fencing associated with the reintroduction of grazing.

• Wind pumps for water level management.

• Provision of wooden gates and associated wing fencing.

• Creation of reedbeds (including sedgebeds).

• Creation of scrapes.

• Other works for the restoration or enhancement of wildlife habitats.

PART 3 MANAGEMENT ACTIVITIES

column 1	column 2
Activity	Maximum rate in £ per hectare of land per annum
1.  Management of permanent grassland.	120
2.  Management of grassland so as to bring about and maintain high water levels.	230
3.  In relation to cultivated land— (a) reversion of arable land to grassland	265
(b) the creation and management of buffer strips	400
4.  Maintenance of woodland.	17
5.  The provision of public access routes.	170
6.  Where management of any kind referred to in item 1 is undertaken, additional management for the purpose of bringing about and maintaining high water levels.	50

PART 4 DEFINITIONS

In this Schedule:

“buffer strip” means a strip of land which is subject to a prohibition on the use of fertilizers and pesticides, is at least six metres wide and is located at the edge of a field used for the production of arable crops and which adjoins an open drainage channel;

“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years.

“scrape” means a shallow excavation which may hold water seasonally.

articles 2(1) and(3), 3 and 5(1)

SCHEDULE 5 SOUTH WESSEX DOWNS

PART 1 DESIGNATION OF ENVIRONMENTALLY SENSITIVE AREA

The area of land on the South Wessex Downs in the county of Essex which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the South Wessex Downs environmentally sensitive area” dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.

PART 2 CAPITAL ACTIVITIES

• The provision of fencing and water supplies for livestock associated with the re-introduction of grazing.

• The removal of scrub.

• The planting, laying, gapping up or coppicing of hedges.

• The renovation of farm buildings using traditional materials.

• Works to protect historic and archaeological features.

• The creation or restoration of ponds, or restoration of dewponds or ditches.

• The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access.

• Purchase of a diverse seed mixture for arable reversion to chalk grassland.

• Removal of fencing.

• Re-introduction of willow pollarding.

• Other works for the restoration or enhancement of wildlife habitats.

PART 3 MANAGEMENT ACTIVITIES

column 1	column 2
Activity	Maximum rate in £ per hectare of land per annum
1.  Management of improved permanent grassland.	10
2.  Management of low input permanent grassland.	40
3.  Management of downland turf.	60
4.  In respect of cultivated land— (a) maintenance of cultivated land	8
(b) reversion of arable land to downland turf	330
(c) creation and management of conservation headland	80
5.  Enhanced management of permanent grassland.	80
6.  Where management of any kind referred to in item 2, 3, 4(b) or 5 above is undertaken, additional management for the purpose of restricting the level of stocking.	65
7.  Maintenance of woodland.	17
8.  The provision of public access routes.	170
9.  The reversion of arable land to permanent grassland.	230
10.  Maintenance of improved permanent grassland and low input permanent grassland.	38

PART 4 DEFINITIONS

In this Schedule:

“conservation headland” means a strip of land subject to restrictions on the use of fertilizers and herbicides, that is at least six metres wide along the edge of a field growing arable crops;

“downland turf” means grassland other than permanent, ley or intensive grassland, situated on undulating chalk hills;

“improved permanent grassland” means permanent grassland that is regularly treated with fertilizers, and used for pasture or for the production of hay or silage;

“low input grassland” means grassland which has not normally been ploughed or reseeded for at least five years and which is receiving no or only minimal input of fertilizer, pesticides, nutrients or other agricultural admixtures;

“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years.

articles 2(1) and(3), 3 and 5(1)

SCHEDULE 6 SOUTH WEST PEAK

PART 1 DESIGNATION OF ENVIRONMENTALLY SENSITIVE AREA

The area of land in the South West Peak district in the counties of Cheshire, Derbyshire and Staffordshire which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the South West Peak environmentally sensitive area” dated 6th November 2000, signed on behalf of the Minister by the Parliamentary Secretary and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.

PART 2 CAPITAL ACTIVITIES

• The planting, coppicing or laying of hedges.

• The renovation of traditional farm buildings using traditional materials.

• The reversion of land to rough grazing or moorland.

• The control of bracken.

• The creation of flower-rich meadowland.

• The management of scrub.

• Works to protect historic and archaeological features.

• The provision and restoration of gates, stiles and footbridges, where an agreement includes requirements as to public access.

• Fencing associated with the exclusion of stock under item 10(b) of Part 3 of this Schedule.

• Protection or provision of hedgerow trees and other saplings.

• Restoration of ponds.

• Other works for the restoration or enhancement of wildlife habitats.

PART 3 MANAGEMENT ACTIVITIES

column 1	column 2
Activity	Maximum rate in £ per hectare of land per annum (except where otherwise stated)
1.  Maintenance of cultivated land.	15
2.  Management of enclosed permanent grassland.	45
3.  Management of enclosed permanent rough grazing.	42
4.  Enhanced management of pasture.	100
5.  Enhanced management of meadowland.	170
6.  Regeneration to create extensive pasture.	150
7.  Regeneration to create extensive meadowland.	150
8.  Where management of any kind under item 1, 2, 3, 4 or 6 is undertaken, additional management so as to create wet areas.	75
9.  In relation to moorland— (a) maintenance of moorland	32
(b) enhanced management of moorland	62
(c) regeneration of moorland through temporary stock exclusion.	30
10.  In relation to woodland— (a) maintenance of existing woodland	15
(b) management of woodland to enhance its nature conservation and landscape value.	120
11.  The provision of public access routes.	170
12.  Wall restoration.	£16 per metre

PART 4 DEFINITIONS

In this Schedule:

“enclosed permanent grassland” means enclosed grassland which has not been ploughed or reseeded for at least ten years;

“enclosed permanent rough grazing” means enclosed land which is used exclusively for the grazing of livestock, and which has not been regularly ploughed, levelled, drained or reseeded, or regularly treated with fertilizers, lime, slag or pesticides;

“extensive meadowland” means meadowland which is receiving no or minimal inputs of fertilizer, pesticides, nutrients and other agricultural admixtures;

“extensive pasture” means pasture that is receiving no fertilizer, pesticides or other agricultural admixtures;

“meadow” means grassland primarily used for the production of hay or silage;

“moorland” means land covered by semi-natural upland vegetation which is generally unenclosed except along ownership boundaries;

“pasture” means enclosed permanent grassland which is used for the production of pasture and which is receiving no or only minimal inputs of fertilizer, pesticides, nutrients or other agricultural admixtures;

“rough grazing” means land covered by semi-natural vegetation.

article 6

SCHEDULE 7 ORDERS REVOKED

North Kent Marshes Environmentally Sensitive Area:

• The Environmentally Sensitive Areas (North Kent Marshes) Designation Order 1993(1)

• The Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1994(2)

• The Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1995(3)

• The Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1997(4)

• The Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1998(5)

• The Environmentally Sensitive Areas (North Kent Marshes) Designation (No. 2) (Amendment) Order 1998(6)

• The Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1999(7)

Exmoor Environmentally Sensitive Area:

• The Environmentally Sensitive Areas (Exmoor) Designation Order 1993(8)

• The Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1994(9)

• The Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1995(10)

• The Environmentally Sensitive Areas (Exmoor) Designation (Amendment) (No. 2) Order 1995(11)

• The Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1997(12)

• The Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1998(13)

• The Environmentally Sensitive Areas (Exmoor) Designation (Amendment) (No. 2) Order 1998(14)

• The Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1999(15)

The Avon Valley Environmentally Sensitive Area:

• The Environmentally Sensitive Areas (Avon Valley) Designation Order 1993(16)

• The Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1994(17)

• The Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1995(18)

• The Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1997(19)

• The Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1998(20)

• The Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) (No. 2) Order 1998(21)

• The Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1999(22)

The Lake District Environmentally Sensitive Area:

• The Environmentally Sensitive Areas (Lake District) Designation Order 1993(23)

• The Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1994(24)

• The Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1995(25)

• The Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1997(26)

• The Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1998(27)

• The Environmentally Sensitive Areas (Lake District) Designation (Amendment) (No. 2) Order 1998(28)

• The Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1999(29)

The South West Downs Environmentally Sensitive Area:

• The Environmentally Sensitive Areas (South Wessex Downs) Designation Order 1993(30)

• The Environmentally Sensitive Areas (South Wessex Downs) Designation (Amendment) Order 1994(31)

• The Environmentally Sensitive Areas (South Wessex Downs) Designation (Amendment) Order 1995(32)

• The Environmentally Sensitive Areas (South Wessex Downs) Designation (Amendment) Order 1997(33)

• The Environmentally Sensitive Areas (South Wessex Downs) Designation (Amendment) Order 1998(34)

• The Environmentally Sensitive Areas (South Wessex Downs) Designation (Amendment) (No. 2) Order 1998(35)

• The Environmentally Sensitive Areas (South Wessex Downs) Designation (Amendment) Order 1999(36)

The South West Peak Environmentally Sensitive Area:

• The Environmentally Sensitive Areas (South West Peak) Designation Order 1993(37)

• The Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1994(38)

• The Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1995(39)

• The Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1997(40)

• The Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1998(41)

(1)

S.I. 1993/82.

(2)

S.I. 1994/918.

(3)

S.I. 1995/199.

(4)

S.I. 1997/1453.

(5)

S.I. 1998/1304.

(6)

S.I. 1998/2176.

(7)

S.I. 1999/1366.

(8)

S.I. 1993/83.

(9)

S.I. 1994/928.

(10)

S.I. 1995/195.

(11)

S.I. 1995/960.

(12)

S.I. 1997/1451.

(13)

S.I. 1998/1302.

(14)

S.I. 1998/2174.

(15)

S.I. 1999/1371.

(16)

S.I. 1993/84.

(17)

S.I. 1994/927.

(18)

S.I. 1995/197.

(19)

S.I. 1997/1450.

(20)

S.I. 1998/1307.

(21)

S.I. 1998/2172.

(22)

S.I. 1999/1368.

(23)

S.I. 1993/85.

(24)

S.I. 1994/925.

(25)

S.I. 1995/193.

(26)

S.I. 1997/1452.

(27)

S.I. 1998/1301.

(28)

S.I. 1998/2177.

(29)

S.I. 1999/1363.

(30)

S.I. 1993/86.

(31)

S.I. 1994/924.

(32)

S.I. 1995/196.

(33)

S.I. 1997/1454.

(34)

S.I. 1998/1309.

(35)

S.I. 1998/2175.

(36)

S.I. 1999/1370.

(37)

S.I. 1993/87.

(38)

S.I. 1994/926.

(39)

S.I. 1995/192.

(40)

S.I. 1997/1455.

(41)

S.I. 1998/1305.