The Environmentally Sensitive Areas (Cotswold Hills) Designation (Amendment) Order 1996

• Citation: S.I. 1996/2107
• Sections: 3

Section 1 Title and commencement

This Order may be cited as the Environmentally Sensitive Areas (Cotswold Hills) Designation (Amendment) Order 1996 and shall come into force on 1st September 1996.

Section 2 Amendment of the Environmentally Sensitive Areas (Cotswold Hills) Designation Order 1994

(1) The Environmentally Sensitive Areas (Cotswold Hills) Designation Order 1994 shall be amended in accordance with the following paragraphs of this article.

(2) In article 7 (rates of payment under agreement)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), for “£12” there shall be substituted “£15”, and

(ii) in sub-paragraph (c), for “£60” there shall be substituted “£65”;

(b) for paragraph (2) there shall be substituted the following—

(2) The Minister shall make payments at the rate per annum of £6.25 for each 0.25 metre of drystone walls subject to the agreement restored in accordance with the programme referred to in paragraph 1(5) of Schedule 1, subject to a maximum of 2 metres of drystone walls so restored per hectare of eligible land per annum.

(2A) For the purposes of paragraph (2) above, “eligible land” means land which—

(a) comprises or falls within land subject to the provision of the agreement concerned;

(b) is enclosed by boundaries; and

(c) contains, whether within itself, or as the whole or part of the boundaries by which it is enclosed, drystone walls.

(c) in paragraph (4), for “£260” there shall be substituted “£290”;

(d) for paragraph (5), there shall be substituted the following—

(5) Where an agreement includes the additional provisions specified in Schedule 4, the Minister shall make payments at the rate per annum of £2 for each 0.5 metre of non-stockproof hedges managed in accordance with the programme referred to in that Schedule, subject to a maximum of 2 metres of non-stockproof hedges so managed per hectare of eligible land per annum.

(5A) For the purposes of paragraph (5) above, “eligible land” means land which—

(a) comprises or falls within land subject to the provisions of the agreement concerned;

(b) is enclosed by boundaries; and

(c) contains, whether within itself, or as the whole or part of the boundaries by which it is enclosed, hedges.

(e) for paragraph (6), there shall be substituted the following—

(6) Where an agreement includes a conservation plan, the Minister shall also make payments in respect of operations included in the plan, subject to a maximum of £15,000 for that agreement.

(3) In Schedule 1 (requirements to be included in an agreement)—

(a) for paragraph 1(1) there shall be substituted the following—

(1) the farmer shall not use any part of it for the growing of arable crops, unless, on 31st December 1993, that part was used—

(a) for the growing of arable crops; or

(b) for ley grassland established after 31st December 1988;

(b) in paragraph 1(5), there shall be added at the end of the first sentence the words “and shall carry out that programme in accordance with the agreement”.

(4) In Schedule 3 (additional provisions relating to the reversion of arable land to extensive permanent grassland), after paragraph (4) there shall be added the following paragraph—

(5) the farmer shall not exceed a stocking level of 1.4 livestock units per hectare.

(5) In Schedule 5 (conservation plan operations)—

(a) in paragraph 2, after the word “planting” there shall be added the phrase “, laying, coppicing and gapping-up”;

(b) for paragraph 3, there shall be substituted the following—

(3) The creation and restoration of ponds and scrapes.

(c) for paragraph 4, there shall be substituted the following—

(4) The restoration of farm buildings using traditional materials.

(d) after paragraph 8, there shall be added the following paragraph—

(9) The reintroduction of pollarding management.

Section 3 Saving

(1) Article 2(2) of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st September 1996.

(2) Article 2(4) of this Order shall not apply in relation to any agreement made before 1st January 1997.