The Environmentally Sensitive Areas (South Downs) Designation Order 1997

• Citation: S.I. 1997/1443
• Sections: 27

Section 1 Title and commencement

This Order may be cited as the Environmentally Sensitive Areas (South Downs) 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(3);

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

“chalk downland” means grassland situated on undulating chalk hills;

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

“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 and includes meadowland, chalk downland and rough grazing;

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

“river valley grassland” means grassland other than chalk downland situated within a river valley; and

“strip”, except in the definition of “access route”, means a strip of land at least six metres wide located at the edge of a field and used for the production of arable crops.

(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 South Downs in the Counties of Hampshire and East and West Sussex which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the South Downs Environmentally Sensitive Area” dated 13th January 1992 signed and sealed by the Minister 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 or use of equipment which must be included in agreements are those specified in Schedule 1, subject only to the exceptions specified in Schedules 2 and 3.

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

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 7 for each hectare of grassland to which the agreement relates.

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

(a) Schedule 2;

(b) Schedule 3; and

(c) the options contained in 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 opposite the reference to that Schedule, or, as the case may be, option, in Part II of Schedule 7.

(3) An agreement may include requirements as to public access specified in Schedule 5 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 III of Schedule 7 for each hectare of access route.

(4) Where an agreement includes a conservation plan, the Minister may also make payments in consideration of the operations included in the plan, up to the maximum sum set out in Part IV of Schedule 7.

(5) 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 6.

(6) In this article and Schedule 7 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 (South Downs) Designation Order 1992 is, insofar 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 (South Downs) Designation Order 1986 and the Environmen tally Sensitive Areas (South Downs—Western Extension) Designation Order 1987 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 8 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 (South Downs) Designation (Amendment) ( No. 2) Order 1994 and the Environmentally Sensitive Areas (South Downs) 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 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.

Section 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.

Section 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 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.

Section 1 Option 3

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

(a) the farmer shall not apply to the strip insecticides except during the period from 31st August in any given year to the following 1st January;

(b) subject to paragraph 2 below, the farmer shall not apply herbicides to the strip other than–

(i) Tri-allate, diclofop-methyl, difenzoquat, flamprop-M-isopropyl benzoylpropethyl or fenoxapropethyl;

(ii) Glyphosate applied in the pre-harvest period by spot treatment and solely for the control of couch, black bent or onion couch;

(iii) Fluroxypyr applied by spot treatment and solely for the control of cleavers;

without the period written consent of the Minister.

Section 2 Option 3

A provision to the effect that, notwithstanding paragraph 1(b) above, the farmer may cultivate and apply herbicides to that part of the strip up to 1 metre wide which adjoins a field boundary where it is desirable so to do in order to maintain a sterile area.

Section 1

The building or rebuilding of flint walling using traditional materials.

Section 2

The planting, laying or coppicing of hedges.

Section 3

The renovation of barns using traditional materials.

Section 4

The management of scrub.

Section 5

The provision of fencing and water supplies for livestock associated with the reintroduction of grazing.

Section 6

The construction of water level penning structures such as bunds and sluices in order to raise ditch water levels.

Section 7

The creation or restoration of ponds, scrapes, ditches and reedbeds.

Section 8

Works to protect historic and archaeological features.

Section 9

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 10

The provision and restoration of gates, stiles and footbridges where the agreement includes the requirements of Schedule 5 as to public access.

Section 11

Tree planting.

Section 12

The provision and restoration of stiles.

Section 13

The purchase and use of a diverse seed mix for reversion of arable land to chalk grassland or for sward enhancement of permanent grassland reverted from arable land.

Section 1

The Environmentally Sensitive Areas (South Downs) 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 5 (or Schedule 6 to the Environmentally Sensitive Areas (South Downs) Designation Order 1997);

(b) 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 includes the additional provisions specified in–

(a) one or more of the options contained in Schedule 2,

(b) either or both of options 1 or 2 contained in Schedule 4 to the Environmentally Sensitive Areas (South Downs) Designation Order 1997,

the Minister shall make payments for each hectare of land which under the agreement is subject to those additional provisions at the rate per annum shown in the following table–

Schedule 4 to the Environmentally Sensitive Areas (South Downs) Designation Order 1997:

(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 of £100,000 per agreement.