Rural Business
“Haddiscoe” Marsh Letting Particulars, Plan and Conditions of Letting of 800+ Acres of Grass Feed on Haddiscoe Island Having received instructions from Askew Marshes Partnership (Starston Farms Ltd, Mr J Ravenscroft, Mr T Cook), John Cole Farms Ltd, B J Balls & Partners, Downham Farms and D & K V Loades
To Let by Public Auction at the Bell Inn, St Olaves Bridge, on Monday 19 March 2018 at 1pm in 46 lots
33 Market Street
10 Market Hill
Wymondham, NR18 0AJ
Diss, IP22 4WJ
t: 01953 423 188
t: 01379 651 931
rural@twgaze.co.uk www.twgaze.co.uk
The acreage of Grass Feed offered at this auction - together with that privately let - comprises the majority of the area enclosed by the Haddiscoe New Cut and the Rivers Waveney and Yare. The ‘Island’ is entirely grazing marsh, which allows conservation and water level management to the best advantage for grazing. The degree of unified control and administration has produced grazing of the highest quality, management of which is in the care of experienced Marshmen. There has, in recent years, been significant capital expenditure - more particularly by the Askew Marshes Partnership (AMP) to improve the supply of water. The Owners are concerned to maintain a proper balance of interest between Owner and Hirer. The work of maintaining the roadways and cattle grids which allow vehicular access the length of the Island, is undertaken at considerable cost. All vehicles, particularly laden cattle floats, are asked to observe the speed limits and in particular to slow for the grids and gateways. Ongoing refurbishment of existing crushes and pounds secures the effective handling of stock. The levels, and stock grazing thereon, are under the supervision of experienced Marshmen: A E G Clarke, 2 College Road, Thurlton.
Tel: 01508 548 444 / 07771 931 286
Brian Mace, Marsh Farm, New Cut, Haddiscoe.
Tel: 01493 488 461 / 07375 523016
Paul J Harvey, 3 Beccles Road, Haddiscoe.
Tel: 01502 677 459
Paul Remblance, Broom House, 2 New Inn Hill, Rockland St Mary -Tel: 07876 255 852 David Ellis, 38 Rowan Way, Worlingham, NR34 7ES
Tel: 07917 885441
The property owned by the Askew Marshes Partnership is being managed by TW Gaze and any queries with regard to management issues should be directed to Rachael Hipperson (r.hipperson@twgaze.co.uk) Tel 01953 423188. Any queries regarding the maintenance or management of other marshes should be made directly with the owners. Entry Level Stewardship/Higher Level Stewardship Schemes All the marshes are in Entry Level Stewardship (ELS) or Higher Level Stewardship (HLS) and the management guidelines to be observed by Hirers are set out in this catalogue. Graziers must pay particular attention to the ELS/HLS management options scheduled against each marsh. Basic Payment Scheme The Basic Payment Scheme (BPS) will be claimed and retained by the landowner. In order for the landowner to receive the payment he must ensure Cross Compliance conditions are met on all land within his holding. All graziers must make themselves aware of these regulations and are required to operate within them.
BSE DEFRA have confirmed that land let for short term grazing and possibly used by different farmers at different seasons will have the BSE status of the grazier’s own holding for the duration of his temporary occupation. Land utilised for short term or seasonal grazing will be regarded as neutral for BSE purposes and one grazier’s BSE status will not carry over to subsequent or previous graziers.
NVZ Regulations To assist with the Licensor’s compliance the Licensee must, when requested, provide details of their stock to the Licensor or their Agent as provided in part 2.
Bovine TB Testing No testing for TB is permitted on any of the marshes under any circumstances. Additionally, to prevent any knock on effects to other adjacent graziers, all graziers are requested to ensure any cattle having been on the marshes are not tested on their owner’s holdings until they have been back home at least 3 months. If these rules or any other DEFRA rules in relation to TB testing or movement restrictions are breached then the owner of the cattle responsible will be liable for any financial losses incurred by other cattle or land owners as a direct result of the breach. Only livestock from within a Low Risk Area (4 yearly testing) can be brought onto the Island. Spraying Marshes under the management of the AMP are sprayed by Paul Remblance for thistles rotationally and/or when required and brought to his attention by the marshman/hirer. If you hire marshes from AMP in the first instance please bring any spraying requirements to the attention of the marshmen, who will liaise with Paul. If you hire marshes from any other landowners and believe spraying is required please discuss this with your marshmen who will report to and liaise with that owner.
Notes 1.
Please note only cattle grazing will be allowed on the marshes at Haddiscoe Island. Grazing by horses is permitted on lots 60 and 61 only.
2.
If hay is taken please cut close to the dykes and graze afterwards. Failure to graze will result in your marshman moving stock belonging to other graziers onto the land to prevent any breach of the HLS guidelines.
3.
Any deadstock must be removed promptly by the owner.
4.
Any mineral lick buckets and feed sacks must be removed by the owner.
5.
Flood Defence works - Some of the marshes around the perimeter of Haddiscoe Island have been and/or may be affected by flood defence works. Those people who hire marshes affected will be contacted when the works are completed, land taken will be calculated and the second rent installment will be reduced accordingly. Any concerns regarding the works, in particular safety, should be directed to your marshman or Rachael Hipperson in the first instance.
Particulars Chedgrave Level These Marshes are well drained by electric pumps and offer fine summer grazing. The majority of marshes are very readily approached from the hard surfaced Marsh Road which is indicated on the plan and serves the whole Level. Permanent Stock Handling Bays are available at various points on the Level.
The Property of Askew Marshes Partnership (Mr T Cook) Holding No: 28/396/0160
ELS/HLS option Field No.
LOT 1
14.04ac
5.68ha
Level Grazing Marsh
TG4400 3236
EK3
LOT 2
9.83ac
3.98ha
Similar adjoining Marsh
TG4400 3660
EK3
LOT 3
7.93ac
3.21ha
Adjoining Marsh
TG4400 3584
EK3
LOT 4
7.21ac
2.92ha
Adjoining Marsh
TG4401 3702
EK3
LOT 5
7.88ac
3.19ha
Marsh adjoining Lot 3
TG4400 5493
EK3
LOT 6
16.93ac
6.85ha
Similar Grazing Marsh
TG4401 7208
EK3
adjoining Lot 5 LOT 7
16.83ac
6.81ha
Adjoining Marsh
TG4401 7631
EK3
LOT 8
8.85ac
3.58ha
Adjoining Marsh
TG4401 9417
EK3
LOT 9
5.09ac
2.06ha Marsh adjoining the River Wall and Lot 8
TG4501 0307
HK15
Marsh adjoining the River Wall
TG4400 6483
EK3
LOT 10
10.93ac
4.42ha
and the Old Wind Pump LOT 11
11.01ac
4.45ha
Adjoining Marsh
TG4400 5260
EK3
LOT 12
10.92ac
4.42ha
Marsh adjoining the above and
TG4400 4625
EK3
nearest the New Cut. Lots 10, 11 and 12 with separate access and no right of drift have the benefit of isolation from other stock
Pettingill’s Level The Property of John Cole Farms Ltd. Holding No: 28/114/0075 LOT 17
LOT 18
LOT 19 LOT 20
LOT 21
LOT 22
LOT 23
20.26ac
15.39ac
25.76ac 26.36ac
31.69ac
18.70ac
27.33ac
8.19ha
TG4401 9586
HK10
TG4401 9373
HK10
Marsh adjoining Lots 17
TG4401 8956
HK10
and 19
TG4401 7969
HK10
Two Marshes adjoining the
TG4401 6271
HK11
above
TG4401 6446
HK11
Three Grazing Marshes
TG4402 1221
HK11
adjoining access roadway
TG4402 0602
HK11
TG4301 9875
HK11
Two Marshes adjoining
TG4401 3190
HK11
Lot 20
TG4401 1176
HK11
Two Marshes adjoining
TG4401 2062
HK11
Lot 21
TG4401 3145
HK11
11.04ha Two Marshes adjoining
TG4401 4656
HK11
Lots 22 and 19
TG4401 4923
HK11
6.22ha
10.41ha 10.67ha
12.81ha
7.56ha
Grazing Marsh
LOT 23a 16.52ac
6.68ha
Adjoining Lot 22
TG4401 1040
HK9/HK10
LOT 23b 20.19ac
8.17ha
Adjoining Lot 23a
TG4401 2121
HK10
Marshman: Lots 17-18: Brian Mace Marshman: Lot 19: Paul RembLance Marshman: Lots 20-23b: A E G Clarke The Property of Askew Marshes Partnership (Mr J Ravenscroft and Mr T Cook) Holding No: 28/396/0185 LOT 24 24.15ac
9.77ha
Two Marshes, immediately adjoining “Pettingill’s” House. Accessible direct from the Marsh Roadway
Marshman: Lot 24: Brian Mace
TG4501 6044
HK15
Chedgrave Level The Property of Askew Marshes Partnership (Mr T Cook) Holding No: 28/396/0160 “Langley Marshes” LOT 33
31.26ac
12.65ha
Two Marshes, close to Six Mile House - accessible direct from
TG4503 8115 TG4503 9638
HK11 HK11
TG4502 6495
HK11
the Marsh Roadway. (BESL will require access to the River Wall through this Lot along the Southern boundary) LOT 34
13.44ac
5.44ha
Similar adjoining Marsh
“Hallam’s Marshes” LOT 35
21.47 ac
8.69ha
Two Marshes, adjoining Lots 34, 36 & 37
TG4502 5269 TG4502 7270
HK11 HK10
The Property of Askew Marshes Partnership (Mr J Ravenscroft) Holding No: 28/396/0172 LOT 36
13.57ac
5.49ha
Two Similar adjoining Marshes, these Marshes
TG4502 6754 TG4502 8459
HK10 HK10
TG4502 5542
HK11
TG4502 7443
HK10
TG4502 7401
HK10
Two Similar adjoining
TG4502 7426
HK10
Marshes
TG4502 8820
HK10
Two adjoining Marshes
TG4502 9137
HK10
TG4502 9848
HK10
together with Lot 37 form a compact block LOT 37
14.11ac
5.71ha
Two Adjoining Marshes
Marshman: Lot 33: Brian Mace Marshman: Lots 34—37: Paul Remblance “Peacock’s Marshes”. In Stockton LOT 39
11.81ac
4.78ha
Grazing Marsh, close to Pettingill’s House Bisected by Marsh Roadway - readily accessible
LOT 40
LOT 41
15.67ac
11.66ac
6.34ha
4.72ha
Marshman: Lots 39 & 40 : Paul Remblance Lot 41: Brian Mace
“Gilbert’s Marshes”. In Toft Monks and Stockton The Property of Starston Farms Ltd. Holding No: 28/396/0175 LOT 43
27.50ac
11.13ha
Two Grazing Marshes
TG4603 2026
HK15
adjoining Lot 33. (BESL will
TG4603 0931
HK11
require access to the River Wall through this Lot along the Southern boundary) LOT 44
LOT 45
11.51ac
19.28ac
4.66ha
7.80ha
Two Marshes
TG4602 0795
HK10
adjoining the above
TG4402 9873
HK11
Two Marshes adjoining
TG4502 8280
HK11
Lots 34 and 35
TG4502 9598
HK11
Marshman: Lot 43: Brian Mace Lot 44 & 45: Paul Remblance The Property of Askew Marshes Partnership (Mr J Ravenscroft) Holding No: 28/396/0172 LOT 47
20.03ac
8.11ha Two Grazing Marshes Approached from the Marsh
TG4501 8775
HK15
TG4601 9493
HK15
Road near Pettingill’s House The Property of Askew Marshes Partnership (Mr J Ravenscroft) Holding No: 28/396/0172 LOT 47
20.03ac
8.11ha Two Grazing Marshes Approached from the Marsh
TG4501 8775
HK15
TG4601 9493
HK15
TG4401 6896
HK9
Road near Pettingill’s House The Property of B J Balls & Partners Holding No: 28/413/0003 LOT 50
17.42ac
7.04ha
Marsh adjoining Lot 49
Marshmen: Lots 47 - 50a: Paul Remblance Marshmen: Lots 47 - 50a: Paul Remblance
The Property of Downham Farms Holding No: 28/396/0186 LOT 51
11.93ac
4.83ha
LOT 52
25.50ac
10.32ha
LOT 53
16.92ac
LOT 54
13.35ac
Two readily accessible Marshes
TG4301 7815 TG4301 7808
HK10 HK10
Similar readily accessible Marsh TG4301 7232
HK11
6.85ha
An adjoining Marsh
TG4301 7854
HK11
5.40ha
Two adjoining Marshes
TG4301 8679
HK11
TG4302 9407
HK11
Marshman: Lots 51-54: A E G Clarke
The Property of Askew Marshes Partnership (Mr T Cook) Holding No: 28/396/0160 LOT 55 17.68ac
7.15ha
A single Grazing Marsh
TG 4603 0396
HK11
LOT 56 16.76ac
6.78ha
Three Grazing Marshes
TG 4503 8863
HK15
TG 4503 7839
HK10
TG 4503 7146
HK15
TG 4503 5930
HK15
TG 4503 4025
HK10
LOT 57 15.07ac
6.11ha
Two Grazing Marshes
Marshman: Lots 55-57: Brian Mace The Property of Askew Marshes Partnership (Mr T Cook & Mr J Ravenscroft) Holding No. 28/396/0160 LOT 58 17.10ac
LOT 59 16.01ac
6.92ha
6.48ha
Three Grazing Marshes
A single Grazing Marsh
Marshman: Lots 58 - 59 Brian Mace
TG 4604 5534
HK15
TG 4604 6149
HK15
TG 4604 7745
HK11
TG 4604 2816
HK11
The Property of D & KV Loades Holding No. 28/432/0023 Haddiscoe LOT 60 17.32ac
7.01ha
Two adjacent Grazing Marshes
TM4597 8990
No ELS/HLS management
TM4598 9503
restrictions
TM4795 1529
No ELS/HLS management
Marshman: Paul Harvey
Wheatacre LOT 61 13.81ac
5.59ha
Two adjacent Grazing Marshes with handling facility
Marshman: David Ellis
restrictions
LICENCE FOR GRAZING OR MOWING THIS AGREEMENT is made the 19th day of March 2018 BETWEEN Of
(“the Licensor”)
And
Of
(“the Licensee”)
A LICENCE allowed by the owner of the marshes in the First Schedule (hereinafter called the “Licensor”) for the hirer (hereinafter called the “Licensee”) to have access only for the purposes of grazing or mowing and removing grass and for no other purpose to the Land described in the First Schedule to this Agreement (hereinafter called “the Land”) and agreed this 19th day of March 2018. WHEREBY it is agreed as follows:1 (a) The Licensor gives the Licensee the personal right of access to the Land for grazing and the mowing and removal of grass from the Land and for no other purpose from the 1st day of April 2018 to the 31st day of October 2018 (“the Licence Period”) in consideration of the Licence fee. 1 (b) The Licensee will pay interest on any Licence fee arrears or other money due under this Agreement at the prescribed rate of 5 per cent from the date when any instalment of the payment should have been made until the date when that instalment of the payment is actually made. 2. THE LICENSEE agrees – (a) TO pay the Licence fee hereby reserved on the date(s) agreed together with such VAT as may be due in respect of the fee. (b) NOT to assign the benefit of this Licence to any other natural or legal person. (c) As to the use of the access given to the Land by the Licensor to the Licensee: (i) THAT the Licensee is and will remain the keeper of the livestock grazing on the Land with daily responsibility for the livestock and the Licensor has no such obligations to the Licensee’s livestock. (ii) TO carry out no other activities on the Land than grazing or mowing and removing the grass and those required of the Licensee being the keeper of the animals he has brought onto the Land (iii) NOT to apply any fertilisers or manure to the Land nor to apply any lime pesticides herbicides or other chemical treatment. (iv) NOT to plough or re-seed any part of the Land. (v) NOT to erect or alter any building nor make any other alteration to the Land. (vi) THAT in all respects he will comply with the requirements of the Health and Safety at Work Act 1974 (as amended). (d) As to the livestock allowed to be brought onto the Land: (i) TO keep an appropriate number of his own cattle and no other stock on the Land having regard to the type quality productivity and drainage of the soil and the pasture and the Cross Compliance rules of the Common Agricultural Policy and in all cases so as to prevent any poaching or damage to the sward. (ii) NOT to turn stock out onto the Land before 1 April 2018 and to remove all stock from the Land by 31
October 2018. (iii)
NOT to bring onto the Land any stock other than his own .
(iv) TO manage his animals on the Land in accordance with the Welfare of Farmed Animals (England) Regulations 2007 (as amended) as appropriate and in accordance with Statutory Management Requirement 18 (animal welfare) under the Cross Compliance rules. (v) (vi)
(vii)
NOT to introduce any dangerous unfit or diseased stock onto the Land or any disease affecting the Land. THAT as keeper of the livestock grazing on the Land he will notify the appropriate Animal and Plant Health Agency local office and the British Cattle Movement Service of such information as is required in respect of his access to the Land for his animals as the Licensor has no obligation to the Licensee’s livestock. TO adhere to the requirements under Cross Compliance of Statutory Management Requirement 9 (Prevention and control of transmissible spongiform encephalopathies).
(viii) TO promptly remove any infected or troublesome animals from the Land subject to the provisions of 4 i). (ix) TO use all reasonable efforts to prevent the stock from straying from the Land and to notify the Licensor of any damage or defect to boundaries or enclosures by which stock can stray from the Land. (x)
Not to test any livestock for TB whilst on the Land. Nor to undertake any scheduled TB test on any livestock within 3 months of them having vacated the land more than 3 months ahead of any scheduled test for TB.
(e) As to the mowing of the Land: (i) (ii) (iii)
TO mow the sward no more than once and then to graze the aftermath to the end of the Licence Period. NOT to breach any Cross Compliance requirements in relation to the Basic Payment Scheme or any Rural Development Regulation Scheme when mowing or removing cut grass. TO provide the Licensor with written records as required under Statutory Management Requirement (SMR) 4 (Food and feed law) within fourteen days of the land being mowed or immediately on request to the Licensor whichever may be the earliest.
(f) As to the regulations governing livestock identification and movements and animal welfare: (i) TO be solely responsible as keeper of the animals for all compliance with the law on animal identification animal passports and movement recording and reporting for the animals and animal welfare and adhere to the requirements of Statutory Management Requirement 6 (Pig identification and registration) Statutory Management Requirement 7 (Cattle identification and registration) and Statutory Management Requirement 8 (Sheep and goats identification) and to promptly provide the Licensor with any livestock identification and movement records whenever required and adhere to the requirements of Statutory Management Requirement 13 (Animal welfare). (ii) BEFORE moving animals onto the Land to obtain a Temporary Land Association or temporary CPH (Holding) Number for the land from the Animal & Plant Health Agency (APHA). (iii) THAT as the keeper of the animals he will record all relevant movements of animals onto and off the Land in his appropriate register and as necessary report those movements to the British Cattle Movement Service with accompanying documents to be given or returned as required. (iv) THAT as the keeper of the animals he will comply with all necessary bovine TB pre-movement and post- movement testing requirements. (vi) THAT should he cease to be the keeper of the animals he has brought onto the Land he will provide all such documentation and other assistance as the Licensor may require to comply with such regulations. (g)
As to payment schemes under the Common Agricultural Policy: (i) TO comply with all the requirements of agreements under the Rural Development Regulation that affect the Land and in particular those that are recorded in the Second Schedule to this Agreement. (ii) (iii) (iv)
NOT to claim the Basic Payment or any Rural Development Regulation Scheme on the basis of the Land. NOT to breach any Cross Compliance requirements on the Land in relation to the Basic Payment Scheme or any Rural Development Scheme. TO maintain and retain records for any food or feed products which are produced from or used on the Land with such records to meet the requirements of Statutory Management Requirement 4 (Food and feed law) and to provide those records immediately upon request to the Licensor.
(v)
TO indemnify the Licensor against any deductions or penalties applied to any payment claimed by the Licensor under the Basic Payment Scheme or under any Rural Development Regulation scheme arising from any action or omission by the Licensee including any breach of the Cross Compliance requirements in relation to the Basic Payment Scheme or any Rural Development Regulation scheme including the Statutory Management Requirements and Good Agricultural and Environmental Condition requirements.
(h) As to any part of the Land in schemes regulating the stocking grazing mowing or related management of the Land. i) TO comply with any limitations on stocking density or mowing imposed by the inclusion of the Land within any Countryside Stewardship Scheme agreement Environmental Stewardship Scheme agreement Special Scientific Interest management agreement or any agreement under a similar official scheme. (i)
As to any part of the Land in a Nitrate Vulnerable Zone i) NOT to include the Land as part of the Licensee’s holding in records kept for compliance with the Nitrate Pollution Prevention Regulations 2015 (as amended). ii) TO provide to the Licensor full details in writing of the numbers and type of stock kept on the land and the duration of time they are present on the Land within fourteen days of being requested to do so by the Licensor or his duly authorised agent or if no such request is made to provide those details within fourteen days of the end date of this agreement.
(j)
And generally in regard to this Licence the Licensee shall: (i) TAKE out and maintain appropriate public liability insurance for his business and any damage arising from the animals he may bring onto the Land. (ii) NOT cause a nuisance to the Licensor or any other person. (iii) NOT obstruct any public or private right of way on the Land or any access by any other party to any other Land belonging to the Licensor. (iv) NOT damage any items of fixed equipment on the Land belonging to the Licensor to include inter alia gate posts gates back fencing hedges ditches culverts bridges deadstock fruit or other trees and will not damage the surface of the Land. (v) NOTIFY the Licensor on becoming aware of any trespass on the Land. (vi) INDEMNIFY the Licensor in respect of any damage on the Land and all liabilities and costs including legal costs and expenses incurred by or as a result of the actions or negligence of the Licensee or arising from his animals (vii) To pay the Marshman’s charges of £21.00 per acre within 28 days of demand.
3.
THE LICENSOR agrees to accept and assist the establishment of any Temporary Land Association or temporary CPH made by the Licensee under clause 2(f)(ii) of this agreement.
4.
BOTH PARTIES agree (a) THAT this Licence does not create any right of exclusive occupation of the Land by the Licensee nor any interest in Land. (b) THAT the Licensor is responsible for the application of fertilisers manure lime pesticides herbicides and any other chemical treatment on the Land. (c) THAT the Licensor is responsible for the maintenance and repair of gates gate posts walls permanent fences hedges ditches and other boundaries on the Land. (d) THAT for the avoidance of any doubt the Licensor has at all times the Land at his disposal for the purposes of he Basic Payment Scheme and has management control of the Land for the purposes of any Rural Development Programme scheme agreement. (e) THAT where water is available on the Land and access for drinking is permitted for the Licensee’s animals. (i) The Licensor will maintain the supply of water from the ditches. (ii) The Licensee will not waste water and will promptly report any leak of water to the Licensor or his agent. (f) THAT the Licensor gives no warranty as to the status of the Land under any regulations applying to any notifiable disease.
(g)
THAT the Licensor accepts no liability for any accident straying death illness or damage caused by or arising from or to the Licensee’s animals. (h) THAT the Licensor is entitled to determine this Agreement n fourteen days written notice upon the death of the Licensee or upon the any breach by the Licensee of any of his obligations under this Agreement whereupon the Licensor shall refund the Licensee a proportionate part of the Licence fee paid for the period from that early termination date to the expiry date having deducted any costs arising from such breach. (i) THAT where any restrictions on livestock movements officially imposed for disease control purposes or otherwise the Licensee is prevented from removing his animals on the termination of this Agreement so that the Land is not vacated in accordance with its terms the terms of this Agreement will still regulate the access to the Land by the Licensee and his animals and the Licensee will be responsible for indemnifying and making a payment to the Licensor forthwith for any loss occurring (including for loss of associated gross Licence fee income and poaching of the pasture) and will at the end of those restrictions remove his animals from the Land as soon as practically possible. (j) WHERE for any reason compensation is made available at any time to either party for any loss concerning animals or the use or prohibition of use of the Land during the period in which the Licensee has access to the Land under this Agreement: (i) any compensation paid in respect of the loss of the Licensee’s animals shall be due to the Licensee. (ii) any compensation paid in respect of the Land or its use shall be due to the Licensor save where it relates to the grazing use of the Land during the Licence Period and where either party receives such a payment due hereby to the other that money shall be paid to that party forthwith and the parties agree to fully cooperate as expeditiously as is required to complete lodge and substantiate any relevant claims and to provide each other with copies of any notices or relevant correspondence. (k) THAT where any dispute arises under this Agreement either party may in writing ask the President of the Central Association of Agricultural Valuers to appoint an independent expert to determine the dispute in which his decision shall be final and binding save where a dispute is referable to arbitration under statute and where the arbitrator is to be appointed by that President at the request of either party and the fees and expenses of that appointed expert or arbitrator are to be paid as she shall direct in his decision. (l) THAT any reference to: (i) any directive regulation statute or statutory instrument in this agreement includes a reference to that provision as amended or replaced from time to time and to any subordinate legislation or bylaw made under it. (ii) any natural person includes any legal person and vice versa. (iii) the masculine gender is also to the female gender and vice versa. (iv) the singular includes the plural and vice versa. (m) (n)
THAT any duplicate keys made available by the Licensor on loan to the Licensee for access to the Land shall be promptly returned to the Licensor at the end of this Agreement. THAT the Special Conditions contained in the Fourth Schedule form an integral part of this Agreement
First Schedule Lot No(s)
Price per acre
Total amount of Rent
£
Deposit
£
Balance due 1 July 2018
£
Total Rent
Received this 19th day of March 2018, the sum of £ being a deposit upon the rent of the Lot(s) set out above and numbered on the attached plan which was/were this day hired by the Licensee subject to the above conditions.
HADDISCOE ISLAND
LOT 60
LOT 61
HADDISCOE ISLAND
58 58 58 59
55
56 56 33
56
43
57
57
33
43 45 44
34 45 35
44
35 36
36
41
37
37
41
40
40
20 54
39 20
54
21
49
50
47
17
21
47 19
22
18
23
24
53 19
22
24
23a
52
7 51
23
23b
50a
8 9
51
6 4 5 3 2
11
1 12
33 Market Street
Tel: 01953 423 188
Wymondham
Fax: 01379 651 936
Norfolk NR18 0AJ
E-mail: rural@twgaze.co.uk www.twgaze.com
Marshes at Haddiscoe Diagrams for identification of Lots only
HADDISCOE LOT 60
WHEATACRE LOT 61
DIAGRAMS FOR IDENTIFICATION OF LOTS ONLY
Entry Level Stewardship Scheme (ELS) EK2—Permanent grassland with low inputs Grassland managed with low inputs of fertiliser and sprays will sustain a greater variety of plants and wildlife. The development of a varied sward structure is of particular value to insects. • Maintain as grass. Do not plough, cultivate or re-seed. • Manage by grazing and/or cutting, but do not cut between 1 April and 31 May. You must remove any cuttings. • Maintain a sward with a range of heights during the growing season so that at least 20 percent of the sward is less
than 7 cm and at least 20 per cent is more than 7 cm, to allow plants to flower and to provide a more varied habitat. You do not need to maintain this height variation when the field is closed or shut up for a cut of hay or silage. • Do not top at any time, except in patches to control injurious weeks (ie creeping and spear thistles, curled and broad-leaved docks or common ragwort); invasive non-native species (eg Himalayan balsam, rhododendron or Japanese knotweed); bracken or areas dominated by rushes. • Where scrub is present prevent further encroachment by grazing, mowing or topping. • Do not harrow or roll between 1 April and 31 May. • Supplementary feeding is allowed, but move feeders as often as required to avoid poaching. Do not feed on or
next to archaeological features, steep slopes, footpaths or watercourses. • Do not apply more than 50kg/ha nitrogen per year as inorganic fertiliser. Where animal manures are applied, either alone or in addition to inorganic fertilisers, the total rate of nitrogen must not exceed 100 kg/ha nitrogen per year. Only apply during the growing season, provided no birds are nesting in the field and ground conditions are dry enough to prevent compaction. If your current manure and fertiliser application rates are less than this, you must not increase applications. • You may continue adding lime, where this is your regular practice. • Only apply herbicides to spot-treat or weed-wipe for the control of injurious weeds (ie creeping and spear thistles,
curled and broad-leaved docks or common ragwort); invasive non-native species (eg Himalayan balsam, rhododendron or Japanese knotweed); or bracken. EK3—Permanent grassland with very low inputs Grassland managed with no fertiliser has a higher value for wildlife. Much species-rich grassland has been lost to agricultural intensification, so it is important to maintain and, where possible, increase this resource. This option may also deliver benefits to resource protection where placed on fields that are at risk of soil erosion or run-off. It can be used on a whole or part-field basis. • • •
•
Maintain as grass. Do not plough, cultivate or re-seed. Manage by grazing and/or cutting, to remove the year’s grass growth, but do not cut between 1 April and 30 June. You must remove any cuttings. Maintain a sward with a range of heights during the growing season so that at least 20 percent of the sward is less than 7 cm and at least 20 percent is more than 7 cm, to allow plants to flower and to provide a more varied habitat. You do not need to maintain this height variation when the field is closed or shut up for a cut of hay or silage. Do not top at any time, except in patches to control injurious weeds (ie creeping and spear thistle, curled and broad-leaved docks or common ragwort); invasive non-native species (eg Himalayan balsam, rhododendron or Japanese knotweed); bracken or areas dominated by rushes.
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Where scrub is present prevent further encroachment by grazing, mowing or topping.
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Do not harrow or roll between 1 April and 30 June.
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Do not supplementary feed. You may apply up to 12.5 tonnes/ha (5 tonnes/acre) of farm yard manure (FYM) a year, but only where the grassland is regularly cut. Only apply FYM during the growing season, provided no birds are nesting in the field and ground conditions are dry enough to prevent soil compaction. No other type of fertilisers or manures may be applied. If your current manure and fertiliser regime is less than this, you must not increase applications. You may continue adding lime where this is regular practice. Only apply herbicides to spot-treat or weed-wipe for the control of injurious weeds (ie creeping and spear thistles, curled and broad-leaved docks or common ragwort); invasive non-native species (eg Himalayan balsam, rhododendron or Japanese knotweed); or bracken.
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Higher Level Stewardship Scheme (HLS) HK9—Maintenance of wet grassland for wintering waders and wildfowl General description of the management required: The aim of this option is to continue the management on existing seasonally wet grassland that already has suitable conditions and supports breeding waders. The existing water management regime will be continued or modified to provide conditions that will continue to attract lowland breeding waders. The maintenance of wet grassland will conserve the mosaic of pastoral landscapes. In addition it may, in the right situation, provide an area of flood storage and some benefits to flood risk management. This option can also contribute to protecting archaeology and maintaining species-rich grassland where it is present. Although titled ‘grassland for breeding waders’ it is assumed that in almost all cases the grassland will also be of value for wintering waders and wildfowl. Management Prescriptions The following rules apply across the whole area being managed under this option. •
Manage the sward by grazing/cutting to achieve a sward height of between 5cm and 15cm in November.
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Manage the grassland to achieve the indicators by grazing with cattle for at least 6 weeks between May and September.
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Field operations and stocking must not damage the soil structure or cause heavy poaching. Small areas of bare ground on up to 5% of the field are acceptable, preferably along ditch edges/scrapes. Take particular care when the land is waterlogged.
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Do not exceed a stocking density of 0.75 LU/ha between 1 April and 31 May across each field.
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Do not apply fertilisers, organic manures or waste materials (including sewage sludge).
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Supplementary feeding is not permitted.
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Allow ditch edges to be grazed.
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Do not work on in-field ditches between 1 April and 31 August. This does not apply to main ditches currently maintained by the Internal Drainage Board.
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Ploughing, sub-surface cultivation and reseeding are not permitted.
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Do not top, roll or harrow between 1 October and 15 July. Always leave a minimum of 10% tussocks, longer grass.
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Do not allow birds to be disturbed between 1 October and 28 February by walkers (except on public rights of way or open access land) or by other recreational or non-essential activities unless you have agreed a strategy with the Natural England adviser.
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Control undesirable species such as Creeping Thistle, Spear Thistle, Curled Dock, Broad-leaved Dock, Common Ragwort, Common Nettle and Soft Rush so that by year 3, their cover is less than 5% of the area. Rush cover should be less than 40%. Agree all methods of control with the Natural England adviser.
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Do not allow birds to be disturbed between 1 March and 30 June by walkers (except on public rights of way or open access land) or by other recreational or non-essential activities unless you have agreed a strategy with the Natural England adviser.
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Manage water levels between 1 March and 31 May to provide the wet conditions required by the target waders and wildfowl using existing or new sluices, bunds or pumps or as agreed in the capital work programme.
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Do not de-silt any one field ditch more frequently than 1 year in 5. De-silting should remove silt only and not cut into the bank profile unless it has been agreed otherwise in writing with the Natural England adviser.
HK10 - Maintenance of wet grassland for wintering waders and wildfowl
General description of the management required: The aim of this option is to continue the management on existing wet grassland that already has suitable conditions and supports wintering populations of waders and wildfowl. The existing water management regime will be continued or modified to provide conditions that will continue to attract these birds. The option can also contribute to protecting valuable landscapes and archaeology, the promotion of good soil conditions and maintaining species-rich grassland where it is present. In addition it may, in the right situation, provide an area of flood storage and some benefits to flood risk management.
Indicators of Success: •
Winter waders including Snipe, Lapwing, Godwit and Curlew as well as ducks, geese and swans should be present between 1 November and 28 February for a period of several weeks, or regularly at the same time each year.
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At least 50% of the soil in the field should be damp enough for a six-inch nail to be pushed into the ground with ease, tween 1 November and 28 February, in so far as weather conditions permit.
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Between 5% and 75% of the field should have standing water to a maximum depth of 25cm, between 1 November and 28 February in so far as weather conditions permit.
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The cover of tussocks of grass or over-winter sedge should be between 5% and 60% and cover of rushes should be less than 40%.
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In-field scrub cover should be zero and scrub cover over the ditches should be zero.
be-
Management Prescriptions The following rules apply across the whole area being managed under this option. •
Manage the sward by grazing/cutting to achieve a sward height of between 5cm and 15cm in November.
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Manage the grassland to achieve the indicators by grazing with cattle for at least 6 weeks between April and October. Cutting and removing field-dried hay after 15 July is permitted with prior approval from the Natural England adviser. In years when hay is taken graze the aftermath.
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Field operations and stocking must not damage the soil structure or cause heavy poaching. Small areas of bare ground on up to 5% of the field are acceptable, preferably along ditch edges/scrapes. Take particular care when the land is waterlogged.
•
Do not apply fertilisers, organic manures or waste materials (including sewage sludge).
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Supplementary feeding is confined to the feeding of mineral blocks. All feeding sites should be moved regularly to minimise damage to soils and vegetation and must never be placed on historic features. Care must be taken to avoid damage by vehicles.
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Do not graze between 30 November and 28 February unless you have agreed a stocking and supplementary feeding strategy with the Natural England adviser.
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Do not cut the vegetation on any one field ditch more frequently than 1 year in 2. All cuttings that could damage the sward must be removed.
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Do not work on in-field ditches between 1 April and 31 August. This does not apply to main ditches currently maintained by the Internal Drainage Board.
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Do not de-silt any one field ditch more frequently than 1 year in 5. De-silting should remove silt only and not cut into the bank profile unless agreed otherwise in writing with the Natural England adviser.
•
Ploughing, sub-surface cultivation and reseeding are not permitted.
•
Do not top, roll or harrow.
•
Do not allow birds to be disturbed between 1 October and 28 February by walkers (except on public rights of way or open access land) or by other recreational or non-essential activities unless you have agreed a strategy with your Natural England adviser. Existing shooting arrangements are acceptable, deviations from this must be agreed with Natural England.
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Control undesirable species such as thistles, nettles, docks and ragwort so that their cover is less than 5% of the area. This is particularly important for dyke banks where spoil has been spread. Agree all methods of control with the Natural England adviser.
HK11 - Restoration of wet grassland for breeding waders General description of the management required: This option is designed to restore grassland, which may have been drained and improved for agriculture, back to wet grassland. Through the implementation of suitable soil and water management regimes, conditions suitable for these breeding waders will be restored. The restoration of wet grassland will conserve, restore and strengthen the mosaic of pastoral landscapes. In addition it may, in the right situation, provide an area of flood storage and some benefits to flood risk management. The option can also contribute to protecting archaeology and, where conditions are suitable, there may be opportunities for restoring species-rich or moderately species-rich grassland on at least part of the site. Indicators of Success:
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The target wader species snipe, lapwing, redshank oystercatcher should be present between 1 March and 30 June and their behaviour should indicate that they are breeding.
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Between 10% and 80% of the field should have soil damp enough for a 6-inch nail to be pushed into the ground with ease between 1 April and 30 June.
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Between 5% and 25% of the field should have standing water between 1 March and 31 May in hollows, scrapes, ditch edges and foot drains.
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Between 5% and 75% of the field should have standing water, to a maximum depth of 25cm between 1 November and 28 February, in so far as weather conditions permit.
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Average sward height during April and May should be 5cm to 15cm, unless the land has been shut for hay. The sward should consist of patches of taller and shorter vegetation.
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The cover of tussocks of grass or sedge (year-round) should be between 5% and 60% and cover of rushes should be less than 40%.
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In-field scrub cover should be zero. Scrub cover over the ditches should be zero.
Management Prescriptions The following rules apply across the whole area being managed under this option.
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Manage the sward by grazing to achieve a sward height of between 5cm and 15cm in November.
•
Manage the grassland to achieve the indicators by grazing with cattle for at least 6 weeks between May and September. Early season grazing may be done to achieve the indicators in years when conditions permit and where this is required to meet the indicators.
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Field operations and stocking must not damage the soil structure or cause heavy poaching. Small areas of bare ground on up to 5% of the field are acceptable. Take particular care when the land is waterlogged.
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Do not exceed a stocking density of 1 LU/ha between 1 April and 31 May across each field under this option.
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Supplementary feeding is confined to the feeding mineral blocks. Feeders and troughs should not be used. Feeding sites should be moved regularly and never placed on archaeological features. Creep feeding of young stock is permitted.
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Do not graze between 30 November and 28 February unless a stocking and supplementary feeding strategy has been agreed with the Natural England adviser.
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All ditch edges to be grazed.
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Do not cut the vegetation on any one field ditch more frequently than 1 year in 2. All cuttings that could damage the sward must be removed.
•
Do not work on in-field ditches between 1 April and 31 August. This does not apply to main ditches currently maintained by the Internal Drainage Board.
•
Do not de-silt any one field ditch more frequently than 1 year in 5. De-silting should remove silt only and not cut into the bank profile unless otherwise agreed in writing with the Natural England adviser.
•
Do not top, roll or harrow.
•
Do not allow birds to be disturbed between 1 March and 30 June by walkers (except on public rights of way or open access land) or by other recreational or non-essential activities unless a strategy has been agreed with the Natural England adviser.
•
Do not allow birds to be disturbed between 1 October and 28 February by walkers (except on public rights of way or open access land) or by other recreational or non-essential activities unless a strategy has been agreed with the Natural England adviser. The existing practice of occasional, low level shooting days for the resident marsh men is acceptable, deviations from this must be agreed with Natural England.
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Do not apply fertilisers, organic manures or waste materials (including sewage sludge).
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Ploughing, sub-surface cultivation and modifications to the existing drainage system are not permitted, except as part of a sward enhancement plan agreed with the Natural England adviser. This includes sub-soiling and mole ploughing. Routine maintenance of functioning drainage systems is allowed.
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Control undesirable species such as thistles, nettles, docks and ragwort so that their cover is less than 5% of the area. This is particularly important for dyke banks where spoil has been spread. Agree all methods of control with the Natural England adviser.
HK15 - Management of Grassland for Target Features General description of the management required: This option will maintain semi-improved or rough grassland, which is known to provide good conditions for target species and to protect other features such as historic sites. This option can also be used to maintain moderately species-rich, semi-improved grassland, where it lacks the potential to be restored to species-rich, semi-natural grassland, but which is identified as a priority in local targeting statements. This option may be applied to grassland Priority Habitat types, but which occur in land parcels that are extensively managed due to topography and location, for example species-rich upland calcareous grassland in large allotments. It may also be used to manage grassland which has limited biodiversity value, but which has been created under a classic scheme for other objectives, such as protection of the historic element.
Indicators of Success: •
The cover of rushes should be less than 40% and on the remainder the cover of tussocks of grass or sedge (year-round) should be between 5 and 60%. (A tussock is a single plant or a clump of plants at least 15 cm wide, that is more than 5cm taller than the surrounding vegetation.
•
Between 5 and 75% of the field should have standing water, to a maximum depth of 25cm, between 1 November and 28 February (in so far as weather conditions permit)
•
Wintering waders including snipe, lapwing, godwit and curlew as well as ducks, geese and swans should be present between 1 November and 28 February.
• Management Prescriptions The following rules apply across the whole area being managed under this option: •
Manage the sward by grazing and/or cutting to achieve a sward height of between 5cm and 15 cm during April and May (unless the land has been shut for hay) and between 5cm and 15 cm in November.
•
Field operations and stocking must not damage the soil structure or cause heavy poaching. Small areas of bare ground on up to 5% of the field are acceptable. Take particular care when the land is waterlogged.
•
Do not cut hay or silage before 30 June, always leaving at least 10% uncut in any one year (which need not be the same 10% each year). All cuttings that could damage the sward must be removed.
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Well-rotted farmyard manure may be applied at a maximum rate of 12.5 tonnes/ha/year. There must be no other application of nutrients such as fertilisers, other organic manures or waste materials (including sewage sludge). Do not apply manures or fertilisers within 10 metres of a watercourse or between 1 April and 30 June.
•
Supplementary feeding is confined to the feeding of mineral blocks. Feeders and troughs must not be used. All feeding sites should be moved regularly to minimise damage to soils and vegetation and must never be placed on historic features. Care must be taken to avoid damage by vehicles.
•
Do not top, roll or harrow.
•
Ploughing, sub-surface cultivation and reseeding are not permitted.
•
Do not install new drainage or modify existing drainage systems unless agreed with the Natural England adviser. This includes sub-soiling and mole ploughing. Routine maintenance of functioning drainage systems is allowed.
•
Do not allow birds to be disturbed between 1 November and 28 March by walkers (except on public rights of way or open access land) or by other recreational or non-essential activities unless a strategy has been agreed with the Natural England adviser. The existing practice of occasional, low level shooting days for the resident marshmen is acceptable; deviations from this must be agreed with Natural England.
•
Control undesirable species such as thistles, nettles, docks and ragwort so that their cover is less than 5% of the area. This is particularly important for dyke banks where spoil has been spread. Agree all methods of control with the Natural England adviser.
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