The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997

• Citation: S.I. 1997/1441
• Sections: 22

Section 1 Title and commencement

This Order may be cited as the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997 and shall come into force on 1st July 1997.

Section 2 Interpretation

(1) In this Order–

“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements referred to in article 5(4);

“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;

“allotment land” means enclosed land below moorland, used exclusively for grazing, the majority of which has not been drained, re-seeded, cultivated on a regular basis or treated with fertiliser, lime, slag, or pesticides on a regular basis;

“conservation plan” has the meaning given to it in article 5(6);

“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;

“grassland” means land on which the vegetation consists primarily of grass species;

“meadowland” means land primarily used for the production of hay and silage; and

“recognised dairy breed” means one of the following breeds of cattle, namely Ayrshire, British Fresian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry; and

“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.

(2) Any reference in this Order to a numbered article or Schedule (with no corresponding reference to a specific instrument) is a reference to the article or Schedule bearing that number in this Order.

Section 3 Designation of environmentally sensitive area

There is hereby designated as an environmentally sensitive area the area of land in the Pennine Dales in the Counties of Cumbria, Durham, North Yorkshire and Northumberland which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the Pennine Dales Environmentally Sensitive Area” dated 4th June 1997 signed by the Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, at Nobel House, 17 Smith Square, London SW1P 3JR.

Section 4 Requirements and provisions of agreement

(1) The requirements as to agricultural practices, methods and operations and the installation and use of equipment which must be included in an agreement are those specified in Schedule 1.

(2) The provisions relating to additional matters in respect of which the Minister may make payments in accordance with article 5 are specified in Schedules 2, 3, 4, 5, 6 and 7.

Section 5 Rates of payment under agreement

(1) The Minister may make payments under an agreement in consideration of the requirements included pursuant to article 4(1), up to the maximum rate per annum set out in Part I of Schedule 8 for each hectare of land to which the agreement relates.

(2) Where an agreement contains the additional provisions set out in one or more of–

(a) Schedule 2;

(b) the options contained in Schedule 3; and

(c) Schedule 4,

the Minister may make payments in consideration of those provisions up to the maximum rate per annum for each hectare of land which under the agreement is subject to those provisions, as set out in relation to that Schedule, or, as the case may be, option, in Part II of Schedule 8.

(3) Where an agreement contains the provision relating to drystone walls contained in Schedule 5, the Minister may make payments in consideration of that provision up to the maximum rate per annum set out in Part III of Schedule 8.

(4) An agreement may include the requirements as to public access specified in Schedule 6 and, where it does so, the Minister may make payments in consideration of those requirements up to the maximum rate per annum set out in Part IV of Schedule 8 for each hectare of access route.

(5) Where an agreement includes a conservation plan, the Minister may make payments in consideration of the operations included in the plan, up to the maximum sum set out in Part V of Schedule 8.

(6) For the purposes of paragraph (5) of this article, a conservation plan means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 7.

(7) In this article and Schedule 8 any reference to a payment rate in relation to any unit of measurement includes a proportionate rate for a proportionate part of that unit.

Section 6 Revocation, saving and amendment

(1) The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992 is, in so far as it was made under section 18 of the Agriculture Act 1986, hereby revoked except that–

(a) the saving set out in article 7 of that Order in respect of the provisions of the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1986 shall continue to apply in respect of the agreements referred to in that article, and

(b) the other provisions of that Order so made, as amended in accordance with Schedule 9, shall continue to apply to other agreements made before the coming into force of this Order in relation to land within the area designated by that Order.

(2) The Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) Order 1992 , the Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) Order 1993 , the Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) ( No. 2) Order 1994 and the Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) Order 1996 are hereby revoked, but not so as to affect the exceptions referred to in paragraph (1) of this article.

Section 1

As regards all land which is the subject of the agreement, requirements to the effect that–

(a) the farmer shall not increase his existing application rates of fertiliser;

(b) the farmer shall not graze any grassland in such a manner as to cause poaching, over-grazing or under-grazing;

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

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

(e) the farmer shall maintain any weatherproof field barns for which he is responsible in a weatherproof condition using traditional materials;

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

(g) 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 or planning permission.

Section 2

As regards any existing or proposed woodland which is subject to an agreement, a requirement to the effect that within two years of the commencement of the agreement, the farmer shall obtain written advice on the management of existing woodland or, as the case may be, on proposals to plant any new woodland, from a person approved by the Minister for the purpose of giving that advice.

Section 2

As regards any meadowland which is subject to the agreement, requirements to the effect that–

(a) the farmer shall maintain it as meadowland for the length of the agreement;

(b) the farmer shall not cultivate the meadowland except with a chain harrow or roller, and shall carry out any such cultivation as soon as possible in the spring once stock have been removed;

(c) the farmer shall exclude stock from meadowland at least seven weeks before the first cut for hay or silage and at the latest by 1st June in any given year;

(d) the farmer shall not take the first cut of grass from meadowland for hay or silage before 8th July in any given year, and in accordance with a programme of cutting agreed with the Minister either–

(i) at least one year in every five he shall make the first cut after 22nd July, or

(ii) he shall agree to cut at least 20% of the meadowland after 22nd July in each year of the agreement,

and he shall have regard to the welfare of fledglings of ground nesting birds when planning such cuts;

(e) the farmer shall wilt and turn grass cut for silage from meadowland before removing it;

(f) the farmer shall graze the aftermath of any cutting with livestock.

Section 1

The building or rebuilding of drystone walls using traditional materials.

Section 2

The planting, laying and coppicing of hedges.

Section 3

The renovation of field barns using traditional materials.

Section 4

The creation or re-creation of meadowland.

Section 5

Tree planting.

Section 6

Works to protect historic and archaeological features.

Section 7

Works designed to restore or create landscape features or features for the benefit of wildlife in a manner compatible with the enhancement of the environment.

Section 8

The provision and restoration of gates, stiles and footbridges where the agreement includes the requirements of Schedule 6 as to public access.

Section 9

The control of bracken.

Section 10

The provision and repair of stiles.

Section 1

The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992 is amended in accordance with the following provisions of this Schedule.

Section 2

In article 2 (interpretation)–

(a) in paragraph (1) for the definition of “conservation plan” there is substituted the following definition–

“conservation plan” means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 4 (or in Schedule 7 to the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997); and

(b) in article 2 (interpretation) in paragraph (2), for the words “shall be construed as” there are substituted the words “(with no corresponding reference to a specific instrument) is”.

Section 3

In article 6 (rates of payment under agreement) for paragraphs (2) and (3), there are substituted the following paragraphs–

(2) Where an agreement contains the additional provisions specified in–

(a) Schedule 2, or

(b) Schedule 1, option 2 of Schedule 3, Schedule 4 or Schedule 5 to the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1997,

the Minister shall make payments at the rate per annum shown in the following table for each hectare of land or (in respect of the final item) metre of wall which under the agreement is subject to those additional provisions–

(3) Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, up to a maximum sum of £100,000 per agreement.