appendices in england and wales of common land...

Prepared by Land Use Consultants

for Defra

Agricultural Management of Common Land in England and Wales

Appendices

February 2005

App 1.1

Appendix 1

Bodies involved in the agricultural management of commons in England and Wales

NOTE: This Appendix lists the associations, legal authorities and other bodies thought to be involved in the agricultural management of common land. It is based on information from a variety of sources which are identified in the tables and described at the end of the Appendix. This list is not exhaustive and some of the bodies listed may no longer have an active interest in agricultural management. The authors therefore take no responsibility for inaccuracies or omissions.

App 1.2

Location Name of Organisation Source 1

Federation of Commons Associations Cumbria Federation of Cumbria Commoners 1. Lancashire Proposed Lancashire Commoners’ Federation (will be

affiliated to Cumbria) 9.

Yorkshire Yorkshire Federation of Commoners and Moorland Graziers (established Nov. 04)

9.

Wales Proposed Welsh Federation of Commoners (in process of being established)

9.

Cornwall Cornwall Commoners Council 4. 5.

Informally constituted commoners associations

Wales Abergwesyn Hill Graziers’ Association 12. Suffolk (?) Alde & Ore Association 2. Wales Allt Dolanog Graziers Association 12. Wales Beacon and Pool Hills Graziers’ Association 12. Cumbria Blawith and Subberthwaite Commoners’ Association 2. Cornwall Bodmin Moor Commoners’ Association (associated with

Cornwall Commoners Council – see above) 4. 13.

Northumberland Burgage Holders of Alnmouth Common 2. Wales Caergurwen & Penlle’rfedwen Commoners Association 7. Cumbria Caldbeck Commoners Association 2. Cumbria Castleshaw Commoners 2. Surrey Chobham Society 2. Shropshire Clee Liberty Commoners’ Association 13. North Yorkshire CL63 Protection Group 2. Shropshire Common Sense for Prees 2. Shropshire Commoners of the Manor, Stretton-en-le-Dale 2. Cumbria Crosby Ravenstock Commoners 2. Cumbria Cumbria Upland Management Working Group 2. Devon Dartmoor Commoners’ Council 2. Cornwall David Stowe Commoners’ Association 2. Devon Forest of Dartmoor Commoners Association 2. Surrey Frensham Common Interests Committee 2. Wales Garreg Goch Commoners Association 2. Wales Gladestry and Colva Commoners Association 7. Wales Gower Commoners’ Association 2. 7. 13. West Berkshire Greenham and Crookham Commons Commission 2. Wales, Flintshire Halkyn Common Graziers’ & Commoners’ Association;

Halkyn Common Management Committee 10. 13.

Shropshire Hilton Commoners Committee 7. West Pennines, Bury MBC

Holcombe Moor Commoners’ Association 4.

Forest of Dean Hundalls Wood Commoners’ Association 6. Yorkshire Dales Nat Park Moughton Common - Ingleborough Management Committee 4. 7. Pennines, Teesdale Knock & Dufton Fells 4. Lancashire Lancashire Commons, Commons Association 7. Cumbria Langdale and Grasmere Commons Association 2. Wales Llanafan Hill Graziers Association 7. 13.

1 Numbered documents and sources are listed after the tables

App 1.3

Location Name of Organisation Source 1 Wales Llanbedr, Llandeilo Common Graziers’ Association 12. Wales Llanbister and Moelfre Hills Graziers’ Association 12. Wales Llangennth Manors Limited 7. Wales Llanwrthwl Common Graziers’ Association 12. Lincolnshire Lincoln Commons Horse Association 4. 7. Northumberland Lowick Commoners (Inquiries suggest not active) 4. Shropshire Longymnd Commoners Association 7. East Devon Luppitt Commons Association 7. Devon Mary Tavy Commoners’ Association 2. Suffolk Mellis Common Advisory Committee 2. Lancashire or Staffordshire? Middleton Commoners Association 7. Wales Mignaint Grazier’ Association 7. Wales Moeldod Graziers’ Association 12. Wales Moelynaidd Graziers’ Association 12. Norfolk New Buckenham Common Right Holders Association 7. Cheshire Nether Knutsford Freeholders’ Association 6. Hampshire New Forest Committee 2. Hampshire New Forest Commoners’ Defence Association 2. North Yorkshire North York Moors Association 2. Wales (Bridgend) Ogmore Commoners Association 6. Essex Orsett Fen Right Holders 2. Wales Penderyn Commoners Association 7. Devon (Dartmoor) Peter Tavy Commons 4. Hebden Bridge Popples Commoners’ Association 4. East Sussex Pound Green Commoners Association 4. 7. Worcestershire Powick Commons Committee 2. North Shropshire Prees Heath Commoners’ Association 4. Wales Rhosfaelog Common Graziers’ Association 12. Lancashire Rossendale & District Commoners Association 7. 13. Rushmore Commoners 4. Norfolk Scolt Head & District Common Rightholders’ Association 7. Gloucestershire/Cotswolds Selsley Common Graziers Association (Woodchester and

Selsley Commons) 7.

Basingstoke Silchester Common Management Committee 4. Cornwall St Cleer and District Commoners Association 4. South Shropshire Stiperstones Commoners Association 7. North York Moors Stockdale Moor Commoners Association 4. Wales Swansea Commoners Association 2. Suffolk The Mellis Common Management Committee 4. Essex The Orsett Fen Right Holders 4. Cumbria Thwaites Fell Commoners’ Association 2. Cumbria Threkeld and Bassenthwaite Commons Association 2. Cumbria Uldale Commons Association 2. Cumbria Ulpha Commoners’ Association 2. Cumbria Watermillock Commoners’ Association 2. Wales Welsh Newton Common Residents Association 2. Norfolk West Winch Commoners 4. West Devon (Dartmoor?) Whitchurch Commoners’ Association 4. West Somerset Withypool Commoners Association 4. 6. Oxfordshire Wolvercote Commoners’ Association 4. 7. Wales Ysgwdffordd Common Graziers’ Association 12.

App 1.4


Boards of Conservators

Hawes, North Yorkshire Abbotside Conservators 8. 13. High Weald, East Sussex Ashdown Forest Board of Conservators 6. Surrey Banstead Common Conservators 2. North Yorkshire Beamsley Moor Board of Conservators 8. Somerset Burrington Common Conservators 8. London Chislehurst & St Pauls Commons Conservators 4. 6. South East Chilterns Conservation Board and Chilterns Commons

Network (Partnership of 22 local regional and national organisations. 200 commons within the AONB)

7.

Gloucestershire Cleeve Common Board of Conservators 8. Worcestershire Clent Hills Board of Conservators

(May now be Clent Hills Management Committee – no current grazing)

8.

Wales, Pencoed Coity Wallia Board of Conservators 6. 13. Cumbria Conservators of Crosby Garrett Fell 14. Cumbria Conservators of East Stainmore Common 14. Cheshire

Conservators of Runcorn Heath (Possibly managed now by Halton BC)

8.

Cumbria Conservators of Matterdale Common 14. Gloucestershire Conservators of Sodbury Commons 7. 13. Cumbria Conservators of Winton and Kaber 8. Cumbria Crosby Garrett Board of Conservators 8. Cumbria East Stainmore Common Board of Conservations 8. Warwickshire

Gosford Green Conservators (Ownership vested in Coventry County Council)

8.

Devon Great Torrington Commons Conservators 8. Essex

Laindon Common Conservators (Possibly Basildon DC)

8.

West Yorkshire Langbar Moor Board of Conservators 8. Surrey Oxshott Heath Board of Conservators 8. Essex Shenfield Common Board of Conservators 8. North Yorkshire

Skipwith Common Board of Conservators (Managed by Yorkshire Wildlife Trust)

8.

Sussex Sussex Downs Conservation Board, (160 commons including Blackdown and Woolbeding)

6.

Herefordshire/Worcestershire The Malvern Hills Conservators 4. 7. Hertfordshire Therfield Common Board of Conservators 8. Anglesey, North Wales Tywyn Trewan Common Conservators 8. Essex West Tilbury Commons Conservators 6. Staffordshire

Wolstanton Marsh Conservators, (Wolstanton Rural DC appointed Conservators 1983)

8.

App 1.5


Ancient Management Systems (or own Act independent of 1876 Act)

East Riding of Yorkshire Beverley Pasture Masters 13. Herefordshire Bringsty Common Manorial Court

(currently no grazing) 4. 7.

Newcastle upon Tyne Burgage Holders of Almouth Common 6. Wales Court Leet and Baron of the Manor of Mynachlog-ddu 7. North York Moors Danby Court Leet 6. Devon (Dartmoor) The Spitchwich Courts Leet and Baron 11. Pembrokeshire (Preseli Hills) Courts Leet and Baron of the Baronary of Cemaes 11. North York Moors Manor of Fyling Court Leet 4. Cornwall Manor of Roscraddoc Ltd (common land in East Cornwall –

established in relation to past mining interests) 6.

North York Moors The Court Leet of the Manor of Spaunton 4.

Local Authorities owning and managing commons, or responding to consultations

Greater Manchester Amberswood Common managed by Wigan MBC 8. Rother District Council Bexhill Down Common 8. West Midlands Birmingham City Council 7. Surrey Bisley Parish Council 7. Surrey Borough of Spelthorne 6. Norfolk Breckland District Council 7. Buckinghamshire Brill Parish Council 7. South Shropshire Clee St Margaret Parish Council, Clee Liberty Common 13. Warwickshire Carlton Parish Council 7. West Yorkshire City of Wakefield MBC 6. Northumberland Community Council of Northumberland, 7 coastal commons,

68 coal measures 6.

Northumberland Gateshead Borough Council 7. Gloucestershire Gloucester County Council Environment Team. Five areas of

common land, some with agricultural grazing in conjunction with National Trust.

13.

Hampshire Hampshire County Council: Ewer, Selborne, Bransbury, New Forest, Cadnam, Half Moon, Plaitford, Hightown Commons

7.

Herefordshire Herefordshire District Council 7. Gloucestershire Hillesley & Tresham Parish Council, Assley and Harely

Commons 7.

Worcestershire Kempsey Parish Council 7. Bedfordshire Luton Moors 8. Surrey Merrow Downs, Guildford Borough Council 8. Northumberland Northumberland County Council (96 commons) 7. Norfolk Norwich City Council 7. Cornwall North Cornwall District Council 7. Devon North Devon District Council 7. Oxfordshire Oxford City Council 7. Powys Powys County Council 7. Surrey Redhill and Earlswood Common, Reigate Borough Council 8. South Wales Rhondda Cynon Taff CBC 7. North Yorkshire Selby Parish Council, Appleton Roebuck & Acaster 6. North Hampshire Silchester Common, Silchester Parish Council 10.

App 1.6

Location Name of Organisation Source 1 Hampshire Southampton City Council 7. Staffordshire Staffordshire County Council (105 commons) 7. Warwickshire Stivichall Common and Stoke Common

West Midlands County Council 8.

Somerset Taunton Deane Borough Council 7. Bedfordshire Tottenhoe Common, Bedfordshire County Council 8. Hertfordshire Three Rivers District Council 7. West Berkshire West Berkshire Council including Greenham & Cookham

Commons 3.

Staffordshire

Staffordshire Moorlands DC, Wetley Moor Joint Committee (current Conservation grazing trial, June 2004)

6.

Herefordshire and Worcestershire

Worcestershire County Council, Hereford/Worcester 313 commons

7.

Other categories of commons management: Charities, trusts, Government agencies

Gloucestershire Cotswold AONB Partnership 189 commons (2000 biological survey, Aitchison)

7.

Cumbria Cumbria Trust for Nature Conservation Drumburgh Common

8.

England and Wales Crown Estate Commissioners own 14% of common land in Wales

6.

Cornwall Duchy of Cornwall 5 commons in Cornwall (Aitchison 2000) 7. North Yorkshire Duchy of Lancaster (The Queen) CL261

13.

Cornwall Lizard Common (Act apparently has not come into force)

8.

England and Wales The National Trust manages 147 commons in total, 35 NNRs, 87 SPA

11.

Wales Trustees of the Voelas Estate (soil owner) 7. Trustees of the 1976 Hewetson Settlement (soil owner) 7. Norfolk Norfolk Wildlife Trust

Royden Common 13.

Yorkshire Yorkshire Wildlife Trust responsible for 80 reserves – not all grazed

7.

App 1.7

Key to sources of information used in Appendix 1

1. Defra staff involved with the project management for the study 2. Defra and Land Use Consultants project longlist developed for the study 3. Defra (2002) Minutes of Agricultural Use and Management of Common Land Stakeholder

Working Group First Meeting (4 November 2002), Defra, Bristol 4. Defra (March 2003) Report prepared by Entec for Defra on the Background Material for a

Regulatory Impact Association, Increase in Commons Registration Search Fee, Entec, London 5. Defra (April 2003) Agricultural Use and Management of Common Land, Report of the

Stakeholder Working Group, Defra, London 6. Defra (August 2003) Consultation on Agricultural Use and Management of Common Land,

including list of consultees, Defra, London 7. Defra (2004) Report prepared by Land Use Consultants for Defra on the Consultation on

Agricultural Use and Management of Common Land, Defra London 8. Defra (2004) Internal list of Commons subject of regulations under the 1876 Act 9. The International Centre for the Uplands, Hackthorpe, Penrith, Cumbria (communication with the Director, Kit Nicholson by Land Use Consultants) 10. Open Spaces Society website: www.oss.org.uk/ 11. Clayden P (2003) Our Common land: the law and history of commons and village greens, 5th

edition, Open Spaces Society, Henley-on-Thames, Oxfordshire 12. Powys County Council (communication with the Commons Registration Officer by Land

Use Consultants) 13. Land Use Consultants case study or project contact for the study 14. Countryside Commission (1984) Commons: A study of schemes of management. Report by

Land Use Consultants for Countryside Commission, Cheltenham

App 2.1

Appendix 2

Principal sample commons summary descriptions

CONTENTS Statutory management bodies

• Malvern Hills Conservators .........................................................................................A2.2

• Beverley Commons Pasture Masters ........................................................................A2.7

• Conservators of Sodbury Commons ..................................................................... A2.11

• Coity Wallia Board of Conservators and Commoners’ Association.............. A2.15

• Clee St Margaret Parish Council and Commoners’ Association...................... A2.20

• Danby Court Leet....................................................................................................... A2.23 Voluntary associations

• Bodmin Moor Commons .......................................................................................... A2.27

• Rossendale and District Commoners’ Association............................................. A2.32

• Yorkshire Federation of Commoners and Moorland Graziers ........................ A2.36

Note: Page numbering in this electronic version is different from the printed copy. This is because blank pages have been omitted from this version.

App 2.2

MALVERN HILLS CONSERVATORS Summary information Type of management body Board of Conservators (statutory) Area of common land 1,200 ha (3,000 acres) Number of commons Around twelve main areas of common land consisting of

the Malvern Hills, common land around Malvern, Colwall, Castlemorton and the Old Hills

Conservation designations The Malvern Hills and Castlemorton Common are both SSSIs, and the whole of the Malvern Hills form part of the Malvern Hills AONB

Agricultural use Mainly grazed by sheep, and a few cattle, apart from the areas of common surrounding the urban area of Great Malvern

Other uses and activities Informal recreation, particularly walking and amenity use, as well as model aircraft flying, hang gliding, horse riding and cycling. The area receives over one million visitors a year.

The Malvern Hills Conservators act as the management body for the Malvern Hills and surrounding common land, including the roadside verges that formed part of the manorial waste from Malvern Chase. The Conservators were first established by an Act of Parliament in 1884 which has subsequently been updated four times, most recently in 1995. The administration of the Malvern Hills is complicated by their geographical location spanning the two County boundaries of Gloucestershire and Worcestershire, as well as the Unitary Authority of Herefordshire, and by the number of soil owners including the National Trust, Severn Trent Water and various commons owned by private estates. The commons are made up of the Main Hills running along the Malvern ridge with three distinct zones (north, central and south) all consisting of unimproved acid grassland bordered by bracken, scrub and gorse. Other commons include Hollybed Common (a low-lying common to the east of the Main Hills), Castlemorton Common (also low-lying which rises towards the eastern slopes), and the Malvern Commons which include road-side verges in the urban area of Malvern, and the Old Hills which consist of rural common land. The Malvern Hills are of very high nature conservation and landscape value, and are a major tourist attraction in their own right with over 100 miles of footpaths. There are existing agreements with English Heritage for scrub clearance around three ancient hill forts, with the most famous being British Camp. Commoners and their rights Total graziers with rights Current figures are uncertain as many commoners have

rights which overlap from one area to another and appear on two or more registers

Active graziers Currently (2004) around 10 Total grazing rights Figures reported in the 1999 Management Plan give total

number of commoners on the Main Hills (CL9-12) at 115 with a total of 963 stints, and on CL13 – 19 of the Main Hills at 69 commoners with 370 stints. The Old Hills recorded 33 commoners with 228 stints.

Active grazing rights Very few grazing rights exercised by commoners but the Conservators are able to lease grazing

Other common rights Estovers, piscary, pannage and some turbary.

App 2.3

App 2.4

As a registered charity, the Conservators are currently applying for Heritage Lottery funding in order to establish an up-to-date live register of grazing rights. The vast majority of the Malvern Hills is under agricultural management, apart from the more urban commons (CL13, CL18). However, the current estimate is that at present there are no more than ten active commoners. On the Malvern Hills the issue is one of lack of grazing pressure. Over the last 15 – 20 years the Conservators have made continuing attempts to increase the level of grazing in the face of declining grazing numbers, with the Foot and Mouth disease epidemic of 2001 precipitating further falls in stock numbers. Some commoners have been deterred from grazing due to the sheer numbers of visitors, horse riders and loose dogs, and potential road casualties. However, the Conservators have gained Heritage Lottery Funding for their own grazing flock of 100 Cheviot ewes, grazed year round on the Southern Hills, and a herd of 15 Galloways. The Lottery Funding also covered the installation of cattle grids, although a further Lottery application is being made for additional grids. In addition, the Conservators have received further funding from HLF for the marketing of their stock. The Conservator’s animals are supervised by a shepherd employed by the Conservators who also acts as a public face and liases with visitors. The Conservators, with the support of the Open Spaces Society, have also negotiated a Countryside Stewardship Scheme (CSS) agreement to allow a local farmer under licence to graze on CL14 of the Main Hills following a s194 consent to use temporary electric fencing. This is part of a restoration phase and allows temporary enclosures for up to two months. The grazier receives the Stewardship funding from the Conservators. Following this example, the intention is to encourage more local smallholdings and farmers to return to graze animals on the common, possibly through license agreements where they do not have common rights. Hay cutting and mowing are also an important form of management undertaken by the Conservators. At Castlemorton much of the surrounding farmland has now gone over to horse pasture, and few farmers in this area are exercising their rights. There is a separate Commoners’ Association representing right holders for this area, although few are now active. Legal and management structure The Malvern Hills Act 1884/1995 and the Malvern Hills Byelaws cover the jurisdiction of the commons. The main purposes of the Conservators are to:

• Keep land as close to nature as possible and encourage wildlife; • Secure open space for public recreation and enjoyment; • Protect and monitor those with rights as registered commoners; and • Prevent encroachment.

There are a total of 29 Conservators, 17 of whom are nominated by the relevant local authorities and one who represents the Church Commissioners. There are also 11 Board posts representing the wards in which commons are located, with nominations being approved by the Conservators. The Chair and Vice-chair are also elected by the Conservators. Membership of the Board and its various offices is for a four year term. The Board is supported by three committees: Land Management, Administration and Resources, and Public Relations. Only committee members can attend the full Board

App 2.5

meetings which are held every two months, as are the three committees. Decisions are taken by a show of hands (one vote per member of the Board) and a majority is required to carry a motion. An Annual General Meeting is held in July which is open to the public, but attendance at this event is low. The composition of the Conservators is historical and numbers have increased as more land was acquired. No commoner or soil owner representation on the Board is provided for in the Act, which is unusual among statutory commons management bodies and one consultee believed that this is a deficiency which hampers management. Decisions are taken by show of hands, one vote per member, and a majority is required to carry a motion. The Conservators’ work is administered from an office in Great Malvern and staffed by a Director, with a complement of around twelve staff including a conservation officer, administrative and field staff, as well as two countryside wardens and a shepherd. Community involvement is also important and volunteers from the general public work with the wardens. The Conservators produce a Management Plan every five years, as well as an Annual Report, and undertake refurbishment and provision of facilities, in addition to negotiating agreements with the statutory bodies, and submitting grant aid applications jointly with the AONB and English Nature to improve amenities and the protection of wildlife. Revenue is generated by the Conservators through a levy raised on local authority residents. In 2000/01 this figure was equivalent to £22.04 for a Band D Council Tax Payer (42p per week). In 2003 the levy amounted to 49 % of the income of the Board, car parking charges amounted to 15% and grants to 22%. Car parking charges for visitors have been a source of disagreement amongst Conservators as this is a delicate public relations issue. The Conservators also receive income from easement payments where new housing developments have taken place, but this revenue is retained specifically for future land acquisitions. Current management and issues encountered The Malvern Hills Conservators have a formal Management Plan (1999) which gives high priority to encouraging holders of common rights to graze the area to maintain the landscape. They also work closely with the Malvern Hills AONB and are a signed partner to the AONB Management Plan, as a high proportion of the common land lies within the AONB. In June 2003 the Conservators received an SSSI award from English Nature for outstanding achievement in the management of both the Malvern Hills and Castlemorton Common SSSIs. In the past there have been occasional problems with agricultural practices adopted. For example, at Castlemorton Common one grazier fed cattle with potatoes during the winter months which degraded the grassland. Other minor conflicts have related to cars and motorcycles driving over the common, but the Byelaws set out activities that are prohibited and fines can be enforced. Effectiveness The Conservators are a very well respected management body and have achieved considerable success in gaining funding and awards for their land management and nature conservation objectives. This element of their work has been achieved while promoting and encouraging informal public recreation and managing the conflicts from car borne visitors. The current management structure involves a very large number of Conservators representing Parish, District, County and Unitary authority interests. From an officer perspective this large number makes management more complicated, and to some extent

App 2.6

the essentially urban political dimension can detract from the objectives and duties of managing the commons for agriculture. The RDS and the Conservation Officer of the Malvern Hills are using the demonstration herd to help gain public acceptance of stock on the hills as a means of agricultural management, and to hopefully encourage more landowners and local farmers to graze animals and seek agri-environment funding in future.

App 2.7

BEVERLEY COMMONS PASTURE MASTERS Summary information Type of management body Statutory management body Area of common land 469ha Number of commons Three main areas of pasture common, the largest being

Westwood (249ha) and a small area known as Hurn, the two other floodplain pastures are Figham (114ha) and Swinemoor (106ha).

Conservation designations Burton Bushes is an ancient woodland on Westwood that is designated as SSSI.

Agricultural use The commons are used mainly for grazing cattle, in addition to some sheep and horses.

Other uses and activities Westwood Common is an extremely popular recreational area, and is also the location of Beverley Racecourse and the local golf club.

The management body is known as the Beverley Common Pastures and was established under the Pastures Act 1836. The Pasture Masters number 12 in total, as well as a Clerk and are elected by the Freemen and control the management of the commons without any assistance from the Town Council. Before local government reorganisation Beverley Borough Council was the soil owner and the land was regulated under bye-laws of the Corporation of Beverley dating back to 1664. There was a Tribunal held in 1977, and the Council at that time claimed ownership of the commons, however the Tribunal established that the sub-soil belonged to the Council (now East Riding of Yorkshire Council), but the Pasture Masters retained the herbage. Beverley Commons were previously reviewed in the 1984 study. The commons consist of Westwood which is located to the west of Beverley and is unenclosed grassland, as well as being crossed by a major road and various minor roads. Between 400-500 grazing cattle are kept on the common and there is therefore a speed limit of 40 mph. The greens on the golf course have had fencing installed to keep the cows off this area. The common is heavily used for informal recreation and according to the Countryside Officer at East Riding of Yorkshire Council it is one of the busiest areas of countryside during the high season. The Beverley racecourse is situated at Hurn adjacent to the Westwood common and together with the golf club is privately owned with both facilities being leased at peppercorn rents by the Council. Figham and Swinemoor do not face such recreational pressures as they are hedged and fenced and outwardly look the same as the surrounding agricultural land, but are open to the public. Both of these commons are floodplain pastures and are used for grazing. Commoners and their rights Total graziers with rights No Pasture Freemen have stock Active graziers Grazing leased to local farmers on an annual basis Total grazing rights In the 1984 LUC commons study the number of gates was

put at 860 head Active grazing rights Between 800 – 1,000 animals are grazed in total at present Other common rights Around 100 Freemen (but only 60 identified 2004)

App 2.8

App 2.9

The grazing is leased to local farmers on an annual basis. The Pasture Masters are worried about Defra proposals to have grazing for ten months a year for subsidy arrangements since their procedure is to graze from April to mid December. When the foot and mouth epidemic occurred no animals could graze and the area was isolated, although the disease was not contracted. Farmers found other grazing and there was some concern that they would not return. However, they were three-quarters full with stock the year after, and are now up to their full level. Pasture Freemen can graze at £25 p.a. a time but none have stock, and others at £35 a time. This amount has not increased in the last five years. There are between 800 – 1,000 animals. There is also a payment to non-stockers among the Freeman in October, and to widows which was increased from £10 to £20 in 2003. There is also a useful source of income from horse traders and gypsies who have to pay in advance before being allowed to put their horses on the common. The Pasture Masters own four gatehouses around Beverley, and two of these are lived in by the two Neatherds employed to tend the stock. These are tied dwellings with agricultural occupancy conditions so they are creating some local employment. The other two properties are rented out commercially. Legal and management structure The right to become a Freeman is only available to men, and to those who have either been born within the town boundary, or have inherited the right through being born the son of a Freeman, and in a very few cases have been apprenticed to a Freeman for between five to ten years. Pasture Freemen have to live in Beverley within the old town boundary which gives them rights to put animals on the commons on the payment of a fee. There are no written terms of reference other than the original Act which states that the management of the Commons are for grazing, amenity and public recreation. The Act contains various powers enabling the Pasture Freemen to buy up common rights exercised by others than the Freemen and to undertake management of the Commons. There are collective and individual rights which are gained on admission as a Freeman, with the rights consisting of gaits. A gait is equivalent to one horse, one cow, one pig, or four sheep and its lambs. The Clerk recalls there was a long list of people and their occupations dating back to 1878 when he did some research, and that these people were only removed from the list if they died or moved away. He is not aware of anything more up to date, and believes there are officially around 100 Freeman, but there are only addresses for 60. The main concern is that the Pasture Masters will die out since the average current age is around 65 to 70 years old. A new concern is that the Beverley maternity hospital has now closed, so it is much more difficult for someone to claim to be born in the town. Due to the concerns about the extinction of the Pasture Masters, they are attempting to introduce a Bill to Parliament that would allow succession for women. The Masters (12 in total) are elected on the 1st of March every year through a very informal election. They attend six meetings a year and there are the formal roles of a clerk, a chairman and a treasurer. There is also a Finance, Executive and General Purposes Committee which meets five times a year at different times to the Pasture Masters, and they make decisions on similar items. Election involves people putting themselves forward for nomination (there is no closing date), then a list is prepared a week before the election. On the day of the election at the Mayor’s Parlour electors can cross out names of those people they don’t want elected and substitute others or put themselves forward. Essentially

App 2.10

nobody is very keen on being elected and it is more of a social occasion with alcoholic refreshments being available. This has all evolved from historical tradition and it is not a secret election. Voters have to fill in the ballot at a table in public and sign their voting slip. Votes are counted as they go along, and the candidates will know how they are doing in the election. The Mayor of Beverley also has powers to stop the poll if no-one has voted for twenty minutes, however rivals will offer the Mayor a drink so the poll does not close! Current management and issues encountered The Pasture Masters are able to implement Byelaws. These set out rules for the stockers and graziers, but nobody breaches them. The Byelaws are currently being reviewed, partly because of the open roads crossing the Westwood and due to increasing recreational pressures. Before the introduction of fencing on the greens there were a few conflicts with cows attempting to sleep on the fairways. The other issues relate to controlling the public, because it involves recreation in its widest sense particularly on the Westwood Common, as well as people on off-road quad bikes, and four wheel drives pulling skiers in winter months over the golf greens. There is little enforcement because they have to rely on the police, and people tend to report such issues after the event. Although there is a speed limit across the Westwood Common of 40 mph, apparently there are only around three to four accidents a year, with cars usually coming off worse than the stock. Effectiveness From the perspective of both Beverley Town Council and East Riding of Yorkshire Council, the Beverley Pasture Masters are considered akin to a local ‘mafia’. They do not have to submit any details of their financial affairs and they are not seen to be contributing to any formal management or conservation regimes for the Beverley Commons. Apart from the civic involvement of the Mayor in the electoral process of the Freemen, the Pasture Masters have declined to participate in a new partnership initiative called ‘Brighter Beverley’ which has £150,000 of funding to make significant environmental improvements. The Town Council would like to see new stiles and trees planted on the Westwood Common. The Countryside Officer responsible at East Riding of Yorkshire Council wrote a Management Brief a few years ago which was supported by English Nature and the Forestry Commission but there has been no action to date. The Unitary Authority would like to see more habitat conservation on the boundaries and the planting of woodlands, since there is a need for restocking to take place as there are many ancient and veteran trees. The intention was to involve schoolchildren in the collection and planting of seeds. One local farmer interviewed who grazes stock on the Westwood considered that the pasture was not in very good condition and needs fertilising and reseeding, despite hard work and harrowing by the Neatherd. He would also like to see cattle grids introduced on the three entrances to the town as there are occasional problems with stock getting into gardens within the town. From the Pasture Masters’ viewpoint the land is being well managed through grazing, although they do not belong to any agri-environment management schemes. The Clerk considers it is a ‘tradition’ rather than a management structure. It will be very difficult for them to change their operational structure, and it would need the older members to die out. Hence the promotion of a Bill to change family succession to allow daughters to be eligible to be Freemen, and for this to be regardless of where they are born.

App 2.11

CONSERVATORS OF SODBURY COMMONS Summary information Type of management body Board of Conservators (statutory) Area of common land 158 ha (390 acres) Number of commons Five discrete areas of lowland common Conservation designations None known Agricultural use Grazing takes place on three of the commons Other uses and activities Sodbury Common is well used for recreational purposes,

particularly by dog walkers. Horse riding is not permitted. A former golf course on the common is being restored as a Youth Academy course.

Sodbury Commons are situated between the villages of Chipping Sodbury and Old Sodbury within the administrative boundary of South Gloucestershire Council. The soil owner is the Somerset Trust. There are three main areas of common land managed by the Conservators and these cover 158ha in total, with Sodbury Common being the largest at over120ha in size. The other areas are Colt’s Green (8ha) - which is not grazed as it is a narrow strip adjoining the main road, Kingsgrove Common (20ha) which is grazed pasture and bounded by farm land on all sides and enclosed by fencing or hedges, and Coomb’s End, another small area of common. The Board of Conservators was established under Act of Parliament in 1902. The soil owner, the Somerset Trust, still owns a number of ‘common gardens’ which are administered as allotments by the Commons Allotment Committee. Many of these are still in use today, particularly those adjoining the settlements. All the commons are grazed (other than Colt’s Green), while Sodbury and Kingsgrove are also used for recreation, mainly by local people walking their dogs. There is also a six hole rough ‘pitch and putt’ golf course on Sodbury Common that fell into disuse but is being opened later this year as a Youth Academy course, in order to provide young people with an opportunity to play the sport. This adjoins the nearby Golf Club. The Conservators also encourage the local school to practice orienteering for the Ten Tors event. Commoners and their rights Total graziers with rights Around 55 households with grazing rights (mostly inactive).

The rights are attached to dwellings rather than land Active graziers Between 3 to 4 farmers grazing cattle Total grazing rights Approximately 2,747 stints worth £2.60 each Active grazing rights Around 100 cattle in total

Other common rights Common ‘gardens’ administered as allotments by soil owner

Grazing takes place on all the commons except Colt’s Green. The number of stock grazed has declined in recent years due to the effects of the Foot and Mouth Disease epidemic and TB, with farmers unable to move cattle off the farm. At the time of writing (October 2004) the number of grazing cattle was back up to 100 animals, from a low of 50 earlier in the year. The common is now grazed by three or four stint holders, out of a total of 55 properties with common rights (stint holders). The Conservators are keen to make unused stints available to other farmers, both to ensure adequate grazing of the commons and also to provide an incentive for stint holders who lease out their stints to pay the stint rate.

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All stint holders are expected to pay an annual stint rate to the Conservators. The Clerk to the Conservators sends out invoices to all stint holders annually (with the exception of the holders of 60 stints whose details are not known). The Hayward makes arrangements for collecting the stint rate and where stint holders state they have no interest in using their grazing rights, he tries to find local farmers to take on these rights. The current market for the stints to local farmers is around £2.00 a stint compared to the rate levied by the Conservators of £2.60. This difference has to be met by the stint holders, The Hayward is employed by the Conservators – 28 hours a week in the summer (1 May – 30 November) and 14 hours a week in the winter on maintenance. Legal and management structure The Sodbury Common has its own Regulations and Byelaws under the Commons Regulation (Sodbury) Provision Order Act 1902 but there is no formal constitution, although the Chair indicated that they would like to have one. The Conservators have the authority to alter the Byelaws, which they did recently to increase the fine to £50 for breaking of any of the byelaws (this had to be confirmed with Defra). The Byelaws do not allow horse riding across the commons. There are no management agreements or formal management plan objectives. There are nine Conservators, with six appointed by Sodbury Town Council, two by Little Sodbury Parish Meeting, and one from the Somerset Trust (this is an individual employed by Knight Frank who run the Estate on behalf of the soil owner). Conservators are elected every three years by the Town Council. They have a retired solicitor/ barrister to advise on legal matters, but have also taken legal advice from a specialist firm in Norwich. The Clerk and Chair share a concern that membership of the Board in the future may become more directly linked to local politics with less interest in the commons and their traditions. Apart from stints, the only income the Conservators receive is an annual payment of around £1,500 from the Golf Club. The Conservators responded to the Defra consultation on agricultural management of common land and were specifically opposed to the suggestion of allowing households to relinquish stints because this would reduce their income. There are two meetings of the Conservators a year, otherwise meetings are ad hoc - as and when there is something wider to be discussed. Usually there is a meeting in the spring to discuss stint rates, and, if required, a meeting in May/June to consider any problems. They very rarely vote on issues, there is usually a consensus. Current management and issues encountered There are around three to four farmers making use of grazing on the common, and the majority of these have land close by. Two years ago the Conservators purchased a flat mower to manage the thistles which are a major problem if not dealt with regularly. A key concern are travellers who move onto the commons, with typically two encampments a year involving around fifteen caravans for up to three weeks plus other smaller incursions during the year. They frequently bring horses which are tethered on the commons and are trained for trotting races. Trough stopcocks are often broken which can lead to the Conservators being fined for water wastage. The Chair and Clerk indicated that because of human rights legislation it has become very difficult to take legal action, and the soil owner has not wanted to take such action because of the legal costs involved - up to £2,500 to initiate proceedings. The Town Council usually makes a donation towards the cost of clearing up after the travellers have left.

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Effectiveness The view of the Clerk and the Chairman is that most stint holders begrudge the stint rate although it contributes to the overall agricultural economy and is a very small amount. Local people are mostly interested in using it as an area to walk their dogs, - there is a suggestion that some people newly moved into Chipping Sodbury are not even aware that there is a common. The Conservators’ biggest problem is therefore generating sufficient income, since their only income is from stint holders and the golf club agreement. They also need to encourage more farmers and rights holders to graze stock to maintain the commons. Currently they are not aware of any agri-environment or stewardship grant schemes for which they would be eligible. The issue of travellers results in some financial outlay as well as damage, and they would like to investigate and find out more about creating earth mounds or suitable ditches to deter such invasions.

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COITY WALLIA BOARD OF CONSERVATORS AND COMMONERS’ ASSOCIATION Summary information Type of management body Board of Conservators (statutory) and a separate, non-

statutory Commoners’ Association Area of common land 1,210 ha (3,000 acres) Number of commons Two main commons separated by farmland, and some

smaller fragments Conservation designations Two areas of SSSI, about 100 ha in total Agricultural use Almost all grazed by sheep, cattle and horses Other uses and activities Walking and riding provided for by the Act. Annual fair

held on commons. The Coity Wallia Commons are unusual in being managed by both a Board of Conservators empowered under its own Act and Provisional Order and by a Commoners’ Association which has no formal powers but works closely with the Board of Conservators. The commons are located to the north of Pencoed near Bridgend in Mid Glamorgan and consist of two main blocks. The lower common is adjacent to Pen Coed and is mainly low-lying. It also surrounds the village of Bryncethin and includes several fragments of urban common and road verge. The top common is approximately 2 kilometres further north and is more upland in character. Some of the land has previously been worked for minerals, mainly on the lower common, and bracken occurs on both commons. The main soil owner is the Earl of Dunraven, who lives in Ireland and is represented locally by a Steward, Mr Julian Golunski of Cook and Arkwright land surveyors. A smaller area is registered to another owner. Public access for walking and riding is provided for by the Act and Provisional Order. As the commons are close to urban areas they are well used. The annual St Mary’s fair is held on the commons in August and is well attended. Conservation designations include 70 ha of sessile (stunted) oak SSSI from which grazing has been excluded and a smaller SSSI (approximately 30ha) of butterfly habitat. Both are on the top common. All of the land is grazed, other than the oak SSSI and the urban commons. Commoners and their rights

Total graziers with rights 162 Active graziers 20 main graziers and several others using a few rights Total grazing rights 10,000 sheep equivalents (approx)

(nine sheep are equivalent to three cows, three horses or eight geese)

Active grazing rights 3,000 sheep equivalents (approx)

Other common rights Estover (fern and timber)

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There are about 180 registered commoners with grazing rights, of whom about 20 are commercial farmers actively using their rights. Most of the grazing rights are attached to farmland (freehold or tenanted) but many local houses also have grazing rights attached, usually for three gaits i.e. three horses or cows or nine sheep. Many are unused and those who do use their rights usually have a pony or a horse on the commons. Various non-grazing rights exist such as the right to take bracken fern or timber for use on farm holdings, but appear to be rarely exercised. When houses change hands the new owners may not be aware of the rights attached, unless the land agent or vendor informs them, and the records of both the registration authority (Bridgend County Borough Council) and the Commoners’ Association are becoming increasingly out of date. The top common is grazed by about 1,500 to 2,000 sheep and sometimes a few cattle or horses. The lower common is considered poorer quality grazing and supports about 1,500 sheep, 150 cattle and 20 horses. The majority of stock is taken off the commons in winter but some remain on the lower common. Legal and management structure The Coity Wallia Board of Conservators was established by the Commons Regulation (Coity Wallia) Provisional Order Confirmation Act 1919 and a subsequent Award in 1936. The 1919 Act and parts of the Award were replaced by the Coity Wallia Commons Act 1976, at the instigation of the Conservators. The main provisions of the Act are: • There are 18 Conservators, two of whom are appointed by the Lord of the Manor, 10

by local councils (two each by Bridgend County Borough Council and four Community Councils) and six elected by the commoners. Each Conservator holds office for three years.

• The conservators have broad powers to: make improvements to the commons; let or

licence defined parts of the commons; construct car parks, roads and cattle grids; authorise the exchange of land by the Lord of the Manor; erect fences; plant trees; undertake legal proceedings; impound trespassing livestock; require the marking of commoners’ livestock; and make byelaws regarding these matters.

In effect, the Act grants the Board of Conservators many of the responsibilities which would otherwise be exercised by the soil owner. This was by mutual consent via a deed poll signed by the soil owner. The Byelaws, revised in 2001, cover matters such as permitted recreational uses of the commons and include general controls on livestock, such as restrictions on entire animals and requirements for marking. There is a close working relationship between the Board of Conservators and the Commoners’ Association. Both meet frequently, usually monthly. The commoners meet just prior to meetings of the Board and pass on any matters that require its attention. Each body has a written constitution. The Conservators follow formal meeting procedures, with the Commoners’ Association meetings running more informally although minutes are recorded and votes may be taken by show of hands. The Commoners’ Association discusses issues such as management of grazing, clearing the common for dipping, bracken control and dealing with stray stock from neighbouring farms (without common rights) or released on the common by unknown persons. In addition to assisting with such matters where required, the Board also makes decisions on management matters such as fencing of roads and considers applications for crossings of the common by utility providers and construction of access ways.

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The Conservators are funded through a grant from the County Borough Council and through the rental from sheds on the common and land used for access ways. The Commoners’ Association raises a precept from its members. Its other main source of income is compensation for lost grazing from areas of the common that are occasionally sold. An area was also taken by the Council for a reservoir which was in the event not required for that purpose. This money is held in a trust and has proven difficult to access, but the commoners benefit from much of the expenditure by the Conservators including fencing work and contributions towards bracken control costs. The Association also runs the Coity Wallia Fair and earns some income during this by charging for parking on the common. Current management and issues encountered Grazing of the commons is important to those with significant numbers of grazing rights, providing valuable summer feed. In addition, those commoners with only a few rights attached to their house are able to pasture a horse or pony. However, grazing of the commons is not a fundamental part of the local agricultural economy to the extent that it is for larger, upland grazing commons. Common land forms a relatively small proportion of agricultural land in the area, in contrast to the upland areas further north (Black Mountains and Brecon Beacons) where common land covers tens of thousands of hectares. The commons are not considered overgrazed in general, although grazing allocations are not formally controlled and are seen as a guide rather than being absolute. Some graziers allow their stock to wander between their unfenced in-bye land and the commons even though they have grazing rights for only a proportion of the stock. This is not considered a significant problem as only about a third of available rights are actually used. No formal scheme of management is in place and issues are addressed as they arise, through the Commoners’ Association and/or the Board of Conservators as appropriate. There is no severance, leasing or licensing of rights, which assists management as all of the rightholders are part of the local community. Meetings are held in the Bryncethin Workingmen’s Club which is located in the middle of the lower common and is accessible to any who wish to attend. Because the commons are adjacent to urbanised areas and are crossed by roads, fencing is a significant issue. The main road through the lower common was fenced recently to prevent collisions with stock and cattle grids were installed at either entrance to Bryncethin village. Effectiveness The current management system is very effective overall. The Board of Conservators has the powers and income required to manage the commons and the Commoners’ Association is represented on the Board of Conservators and therefore able to influence its actions. Although the majority of Conservators represent local authorities rather than commoners there was no suggestion that agricultural management suffers as a result. On the contrary, the commoners are very fortunate in having access to the Conservators’ funds as well as their own. One shortcoming is that the Conservators may not be willing to exercise their powers in the face of community opposition. There have been several incidents where horses of unknown ownership have been released onto the common, including young stallions which frightened people riding other horses. The Conservators asked those with horses and ponies on the common to mark them, so that the owners of any causing a problem could be identified and those horses which were there unlawfully could be removed. Despite an offer by the Conservators to pay for it the owners were reluctant to have their horses marked,

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for aesthetic reasons and because of potential loss in value. Although the Conservators have the power to require marking of all animals and there is a byelaw in place to this effect, they were not willing to enforce it. A Commoners’ Association consultee noted that where fencing or cattle grids are required mainly for agricultural purposes and to enhance nature conservation by controlling grazing there is no funding source available. CCW is not able to assist and as it is not a community safety or access issue it is not a priority for the Conservators. He also felt that additional incentives for grazing commons will be required when the Single Payment Scheme is introduced, otherwise they will be “begging people to graze”. Given the range of powers already available to the commoners, through their participation in the Board of Conservators, they are unlikely to form a statutory commoners’ association under the proposed new commons legislation.

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CLEE ST MARGARET PARISH COUNCIL AND CLEE ST MARGARET COMMONERS’ ASSOCIATION Summary information Type of management body Clee St Margaret Parish Council working in conjunction

with Clee St Margaret Commoners’ Association Area of common land 220 ha (540 acres) Number of commons One upland common including most of Brown Clee

Mountain, but not the summit Conservation designations RDS tried to encourage an ESA scheme a few years ago.

There is an historic hill fort situated on the common Agricultural use Around 800 – 900 sheep grazed by two main graziers Other uses and activities Very popular recreation area with a network of footpaths

and bridleways. The historic hill fort is a popular tourist attraction.

Clee St Margaret Parish Council is the soil owner of Clee Liberty Common, having acquired it in 1947 when the then Lord of the Manor died, and manage it under the powers of the Open Spaces Act 1906. The Parish Council works alongside the Commoners’ Association, with the Association identifying issues that need to be addressed and the Parish Council then authorising and paying for any work required. The common is fenced or enclosed on all sides and does not have any direct road access. It contains a number of old quarries and bracken growth is a serious problem, requiring regular cutting. Clee Liberty Common is close to a number of other commons in this area of South Shropshire and is a very popular area for walkers. Commoners and their rights Total graziers with rights 40 commoners Active graziers 2 major graziers, and around three small graziers who do

not make use of all their rights Total grazing rights Active grazing rights

Other common rights Pannage rights (although as beech trees have been felled these can no longer be exercised) and rights of turbary attached to one property

There are around 40 commoners with rights, but very few currently use them, with many having little land attached to their properties. Before the decline of small farms in the area there were more commoners grazing animals, with sheep put out in the summer allowing hay-making on in-bye land. Now the common is largely grazed by two farmers with 800 – 900 sheep on the common year round between them, both of whom rent land within the Parish to gain extra entitlement. These grazing levels have been strongly driven by the headage payments under the Common Agricultural Policy (CAP). Suggestions made to restrict grazing for three months at the start of the year were met with opposition and have not been implemented.

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Legal and management structure The Commoners’ Association has no formal scheme of management for the common, but has a formal constitution and rules (dating from the 1970s). It meets around three times a year, and holds an Annual General Meeting in November/December. The Association charges an annual subscription of £5 per commoner (or two pence per head of sheep registered for grazing, or a minimum of £5). Members of the Association with the right to turn out more than 100 sheep have to pay an additional amount per head. The Association has an elected committee of nine members, including the posts of Chairman, Vice Chairman, Secretary, and Treasurer. Voting is on the basis of one vote per member, with a majority vote, but only those with rights are entitled to vote. This means that tenants cannot vote, but can represent the owner of their farm at a meeting. Attendance at the AGM is limited to members, with the exception of visitors invited by the Chairman or Vice Chairman. The seven members of the Parish Council are happy to leave the general administration of the common to the Commoners’ Association, with six members of the Parish Council having common rights. The Chair of the Parish Council is also an ex officio member of the Commoners’ Association so there is good communication between the two. The Parish Council receives an income from the Civil Aviation Authority for masts situated on the Common, with these funds contributing towards the general maintenance of the Common. Current management and issues encountered One of the main tasks of the Association is to arrange for the regular cutting of bracken - costing around £500 a year, and for fencing to be maintained and replaced. South Shropshire Countryside Project produced a consultation document in 1991 on a proposed Management Plan for the Common which provided a detailed overview of the habitats of the common. The RDS consulted on the introduction of an ESA agreement for the common but this was not taken forward because of resistance to the imposition of set stocking densities. Had it gone forward the proposal was that the ESA payments would have been made direct to the Association for subsequent distribution to the graziers. According to the current Chair of the Commoners’ Association the common is an important resource to the farmers who use it. His view was that they could probably survive without the grazing, but it would diminish the success of their businesses. Effectiveness The current simple management structure appears to operate well except in terms of being able to control the leasing of rights and the management of grazing levels on the common. The Parish Meeting supports the Commoners’ Association in meeting its objectives of maintaining the common for both agricultural grazing and public amenity. The income generated from the CAA is obviously an important benefit in providing the necessary finance for management operations. The Parish Meeting is aware of the Defra consultation on proposals for statutory commons’ associations and the Chair indicated that they are quite happy with the current arrangements for administering the common, but would support the Commoners’ Association if they wanted to embrace any new arrangements.

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DANBY COURT LEET Summary information Type of management body Court Leet (Statutory) Area of common land 4,900 ha (12,000 acres) Number of commons 2 main moorland grazing commons, separated by the Esk

valley, and various smaller amenity commons Conservation designations The moorland commons are designated as SSSI, proposed

SPA and candidate SAC Agricultural use Sheep grazing on almost all of the commons Other uses and activities Grouse shooting and associated moorland management;

Recreation – mainly walking via a long-standing network of footpaths.

The Danby Court Leet is the management body for the commons owned by Danby Estate (part of the Dawnay Estates) in the North York Moors National Park. Written records of the Court Leet exist from the 17th Century and it has certainly been in existence for much longer, possibly dating to medieval times. Other active courts leet exist in the North York Moors at Fylingdale and Spaunton, and several others are known to exist in England and Wales although most are not very active. The commons mainly comprise two separate blocks of high heather moorland separated by the River Esk. These are Danby Low Moor in the north and Danby High Moor in the south, which adjoins other commons further to the south. The moorland is highly valued for recreation and supports an economically important tourism industry. The Court Leet also administers various smaller common land units including roadside verges and village greens. The moorland has high nature conservation value, having been designated as SSSI, cSAC and pSPA. There is an SSSI management agreement in place over most of the moorland with English Nature. Commoners and their rights Total graziers with rights 120 Active graziers 10 Total grazing rights 13,600 sheep (no cattle or horses) Active grazing rights 1,965 sheep Other common rights Turbary rights attached to some farms and possibly rights

to take loose stone. The commons provide year-round grazing for nearby farms. The number of active graziers fell from about 50-60 in the mid-20th century to about 20 prior to the Foot and Mouth Disease epidemic. Several flocks were culled from Danby Low Moor during the epidemic and other flocks were sold during the subsequent period of high livestock prices, resulting in about 10 flocks remaining at present. It is possible that some flocks will be reinstated in the next few years. Only about 15% of the registered grazing rights are currently used There may have been some over-registration of rights following the Commons Registration Act 1965. Rights were apportioned during registration on the basis of a farm’s in-bye land area and its proximity to the commons, and are mostly attached to the land rather than to dwellings. Many of the grazing rights are owned by the Lord of the Manor and used by his tenants (perhaps 30% of the total active rights), with the remainder owned by freeholders. Turbary rights are used in only a few cases.

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Legal and management structure The Court Leet comprises a Jury of 13 holders of common rights, including a foreman, and a bailiff. The bailiff represents the Lord of the Manor and attends meetings but does not have voting rights. The management structure is somewhat unique in that the members of the Jury are appointed by the Bailiff (currently Mr David Smith of Danby Castle), who is appointed by the Lord of the Manor (Lord Downes) and reports to the Steward (a solicitor who acts for the Estate). There must be more freeholders on the jury than tenants, presently seven and six respectively. The right holders do not elect their representatives, nor are they able to attend meetings of the Court Leet unless invited to speak on a matter they have raised for the Court’s consideration. The exception is the annual Court Day, which any person may attend, when members of the Jury are sworn in post and new freeholders are also traditionally sworn in though this is not generally required these days. In addition to the annual Court Day, there are about six full meetings of the Court (in private, as noted above) and about 28 local deputation meetings in five deputation areas at which local people’s concerns are considered. At full meetings of the Court formal procedures are observed, voting is by show of hands and minutes are kept. The Court Leet has wide powers to make decisions on management of the commons in the interests of both the commoners themselves and the Lord of the Manor. No complete statement of the Court’s functions and powers survives, but it is recognised in law and continues to perform those of its functions that remain available, other functions having been removed from it by successive Acts of Parliament. These functions include: • Allocating grazing rights to graziers • Allocating gaths (gardens on common land, of which there are about 150) and larger

farmed inclosures (about 50, created during World War 2 to boost crop production) • Considering complaints in relation to the commons • Determining fines for infringements or encroachments. When a freeholder or tenant farmer retires or leaves the area their grazing rights are returned to the Court Leet. The new farm owner or tenant must then apply to the Court to be awarded rights, often the same number as were given up. However, the Court may award more rights if these are available, fewer rights or even none if it considers the new owner is not a genuine farmer or does not have the necessary stock management skills. Once rights have been allocated, the Court has no general power to regulate grazing practice such as through controls on utilisation of rights, timing of grazing, clearance of the common or winter feeding practices. It can grant additional rights for a temporary period if these are available in the ‘pool’. The Court does not allow leasing, the general view being that historically the commons have been managed by the local farmers and this should continue. Equally, severance of rights is not possible because the rights return to the Court when a property changes hands, thus the rights cannot be sold separately. Infringements and encroachments include driveways, car standing, drains and water tanks on the common and services such as electricity and telephone cables. In such cases the Court determines whether to allow the use of the common and determines an annual fine for this use, typically in the region of £2 to £5 per year for minor encroachments. If the encroachment was undertaken without permission the Court is able to levy a one-off fine, typically in the order of £10, followed by an annual fine as above. The Court does not have powers to sell common land for these uses and the fines are essentially rentals to compensate for loss of grazing. They are the Court’s main source of income, and are

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expended on the running costs of the Court including the bailiff’s and foreman’s expenses and on improvements to the commons. The Court maintains good relations with the National Park Authority, with each recognising the other’s expertise and authority, and also has dealings with other agencies such as Defra and English Nature. The Court maintains a roll of commoners and tenant graziers and their rights which Defra’s Rural Payments Agency uses to cross-check headage subsidy payments. The relationship with English Nature is sometimes difficult because of differing views on appropriate management regimes and stocking rates, as discussed further below. Current management and issues encountered For most of the active graziers use of the common is very important for their overall farming business as they use the common all year round, although older ewes tend to be brought down to the in-bye over winter. Grazing also assists with grouse management by keeping the heather short, and tourists like to see sheep on the moorland. Graziers consider that the commons are generally not overgrazed although there may be localised overgrazing close to in-bye land, especially when winter feeding is practiced. English Nature, on the other hand, has determined that most units of the SSSI are in unfavourable condition (declining or stable), and few are recovering. A Wildlife Enhancement Scheme is in place to encourage lower stocking rates and less frequent heather burning to allow older stands of heather and other species to develop. Loss of flocks in recent years has resulted in loss of heft (adjacent flocks each having their own home range) and some flocks can now wander long distances. The lack of regular shepherding, due to the availability and cost of labour, contributes to this problem. To prevent this the graziers would like some of the missing flocks replaced, for which there is some interest among currently inactive right holders. Effectiveness The current management structure provides a very good example of effective local management, at least from the commoners’ perspective. The Court Leet is very active and well respected locally, with Jury members taking their roles very seriously. Commoners and the soil owner have differences of opinion on some matters but there is effective dialogue between them. There are ongoing discussions between the commoners, English Nature and the soil owner towards developing a consensus on appropriate grazing practices.

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BODMIN MOOR COMMONS Summary information Type of management body Commons Associations (Voluntary)

Established following passage of the Commons Act 1908. Area of common land 7,800 ha Number of commons 34 CL units combined to form 13 groups of commons Conservation designations Around half the commons are SSSI and a small area is

candidate SAC. 6,400 ha have been brought into CSS agreement.

Agricultural use Grazing with sheep, cattle and ponies Other uses and activities Recreational use and military training

The Bodmin Moor Commons account for the majority of common land in Cornwall and, after Dartmoor, are the largest group of commons in the South West of England. Although there are 34 separate common land units recorded on the Register, these have been combined for management purposes into 13 groups since the 1908 Commons Act1. The commons lie in an arc about 20 kilometres in diameter, from Cardinham Common in the south west, Davidstow Common in the north and St Cleer Common in the south east, with the village of Bolventor in the centre. There are over 25 soil owners, almost all of them private family-run estates. Most of the commons in the central (northern) part of the arc are designated as the Bodmin Moor Site of Special Scientific Interest, mainly on account of the valley mires and quaking bog habitat. A smaller area within the SSSI is designated as the Crowdy Marsh candidate Special Area of Conservation. All of the commons are grazed by livestock, principally cattle and sheep, although a significant number of commoners keep ponies. Recreational use is high, with walking and pony trekking popular. Commercial shooting takes place on Davidstow Common. Many areas of the commons are used for military training, particularly Cardinham Common which has a range and overshoot area. Commoners and their rights Total graziers with rights 180 registered commoners Active graziers Around 20 active graziers Total grazing rights 14,000 Active grazing rights Between 3,800 and 2,000 depending on how defined

Other common rights Turbary and estover (not exercised) All common rights on the Bodmin Commons were originally attached to land (under the principle of appurtenance) but a small minority of rights are now held in gross, having been severed from land (see below). Rights were allocated under the ‘Cornish formula’ which gave one common grazing right for each five acres of eligible in-bye, with one grazing right being equivalent to five sheep or one bovine or one equine animal.

1 These groups are Davidstow and Highmoor, Westmoor, Hamatethy, Blisland, Cardinham and Rifle Range, Eastmoor, Teslea Downs, Tawna Downs, Redhill, St Cleer and District, Twelvemen’s Moor, Trewint and Tolborough Downs.

App 2.28

App 2.29

There are over 520 separate entries on the Registers held by Cornwall County Council but these relate to 180 separate businesses2. There are around 14,000 separate grazing rights registered but around 70% of these (9,860) are attached to Davidstow Common which occupies only 20% of the area. The number of grazing rights that could be activated (i.e. by commoners who own stock and have an interest in farming) is around 6,000. On the 85% of the commons area that is currently in, or being entered in, the Countryside Stewardship Scheme (CSS), there are around 5,000 rights that could be activated, but only 3,800 rights were being used prior to the CSS agreement taking effect and only 1,700 are now being activated, almost all of these in the summer period only (as a result of the requirements of the CSS agreement). While there are rights of turbary, estover, pannage and piscary on the commons, these are not exercised. Legal and management structure There are several different tiers of organisation established to help the management of the Bodmin Moor commons. A few of the 34 individual CL units of common land continue to maintain a non-statutory Association but the extent to which they are actively involved in resolving management issues, through consensus, between commoners (their chief role) varies significantly. The 1908 Act that enabled the formation of the 13 groups of commons also resulted in the formation of Commoners’ Associations for these groups. Under the Act, these are required to meet every October to agree the management of entire animals on the Commons. These Associations have no other powers and, as will be described below, are being superseded on eight of the commons groups by Companies Limited by Guarantee (and in one case a Trust) that are responsible for delivering the Countryside Stewardship Scheme agreements on behalf of commoners. The 1908 Act also lead to the creation of a Cornwall Commoners Association (CCA) as a forum to bring together all commons associations in Cornwall, focussing principally on those on Bodmin Moor. Although the CCA had an influential role during the 1990s during the negotiations (ultimately unsuccessful) for a Bodmin Moor Act that would have given the group Associations more powers, the CCA is now considered by most organisations to be unrepresentative of the individual Associations. The tier of management body that is currently the main focus of attention is the Companies Limited by Guarantee (and one Trust) that have been established to administer the eight Countryside Stewardship Scheme agreements. Six of these Companies are set up as Companies Limited by Guarantee, one is a subsidiary (Hawkhead) of a larger Company (Cardinham), and the Hamatethy CSS agreement is administered by a Charitable Trust. All have been established in the last four years. The advantage of these bodies over the existing Commons Association is that, once formed, they have the power to impose collective decisions over all commoners through the distribution of the annual CSS payments. Defra has agreed that the CSS agreement is with Board of Directors of the Companies and the Trustees who receive the payments and are responsible for delivering the agreements. The Companies Limited by Guarantee and the Trust are also able to operate in their own right, arranging for work to be done and, potentially, undertaking the collective marketing of stock or other commercial trading on behalf of their members (or beneficiaries of the trust), the commoners.

2 This, and much of the other information on this case study, has been provided by Professor Roy Brown, who acts as agent for the eight Commons Associations entering into agreements with Defra under the Countryside Stewardship Scheme.

App 2.30

Articles of Association for the Companies have been drawn up locally and are largely the same between the six companies. The decision of the Hamatethy commoners to establish a charitable trust was influenced by the soil owner who preferred this approach. The disadvantage of the Trust is that Trustees have unlimited liability which could be an important issue if they are unable to deliver the CSS agreement and are required to pay back payments to Defra. In contrast, the liabilities of company board members are limited by guarantee. The obligations of the Trust’s beneficiaries, the commoners, to the Trustees, in terms of delivering the CSS agreement are also unclear and untested. All commoners are entitled to become members of the relevant Company, at a cost of £1. Membership is not tradable. Members are entitled to vote at Annual and Extraordinary General Meetings and are entitled to receive CSS payments on the basis of a formula which distinguishes between holders of ‘paper rights’ (those that have not been exercised for at least two years at the start of the agreement) and active graziers, with active graziers receiving both a base payment and a ‘removal’ payment for agreeing to reduce their stock numbers. In addition, members may receive an additional dividend of surplus income received by the Companies. Currently, the Companies’ sole source of income is the CSS agreement. The Board of Directors of each of the Companies are elected by the members at an Annual General Meeting when the accounts and resolutions are also adopted. Directors are not required to be re-elected annually (under company law) but shareholders can put forward resolutions for changes to Directors at Annual General Meetings (AGMs) and Extraordinary General Meetings (EGMs). The relationship between the Companies Limited by Guarantee (and Trust) and the Commoners’ Associations varies. In one case (Blisland), the Board of Directors was formed primarily from the existing Commoners Association and the Chairmanship of both is held by the same person (although the make-up of the two has since diverged), whereas in others, such as St Cleer and District, there has been a deliberate decision to draw in commoners who have not previously been involved with the Commoners’ Association and hold other professional qualifications. As currently constituted, there is no requirement for the Company Directors to be commoners (so long as they are working on behalf of the members of the company). On several of the commons, the soil owner is a member of the Board (in the case of Cardinham, he is the Chairman). The Chairman of the Board is elected by the Board which also appoints a Company Secretary (as required by company law). The Company Secretary is a paid post but in a number of cases is filled by a commoner. Apart from voting on the membership of the Board and adoption of accounts and resolutions at the AGM, members can call and put forward and vote on resolutions. The Companies’ and Trust’s cost arise from the remuneration and expenses of the Company Secretary, the expenses of Board members and professional fees (such as to a consultant who administrates the CSS agreement on behalf of the Board). These costs are met by taking a precept from the CSS annual payments received by the Company from Defra. Current management and issues encountered Over the last twenty years a great deal of the effort expended to improve the structures of management of the Bodmin Moor Commons by a variety of bodies including the Commons’ Associations themselves, Cornwall County Council, Defra’s Rural Development Service, the local MP and English Nature. Historical problems of over-registration of common rights

App 2.31

(particularly on Davidstow), antipathy between some commoners and between them and public bodies, and the failure of attempts to introduce new powers through primary legislation have hindered progress in the past. The success of the eight associations and Defra in agreeing CSS agreements in the last few years is therefore significant. Nevertheless, it is apparent that not all commoners accept the basis of the CSS agreements. Indeed, the future of the agreement on Davidstow is uncertain as a result of a small number of commoners deliberately stocking the common in excess of the levels allowed under the agreement (and allegedly in excess of their common rights). Overstocking, particularly with cattle during the winter months, continues to be the main management problem. Fencing is regarded by many as desirable in two particular areas to facilitate sustainable grazing of the SSSI but is likely to be opposed by some commoners. Severance of rights (the sale of land away from appurtenant rights) has been a significant issue. Indeed the legal test case of Bettison v Langton occurred on Tawna Down in the Cardinham group of commons. However, consultees reported that, with the introduction of CSS agreements, it is unlikely that severance will occur to a significant extent. This is because the internal agreements adopted by the Companies and Trust allocates payments to active graziers on the basis that the rights have been exercised for at least the two years prior to the agreement starting. While trading of disused rights might still occur, consultees reported that the payment attached to these rights under the CSS agreement (around £10 per right per year) is less than the transaction costs (such as solicitors fees) involved in buying them. Effectiveness It is perhaps too early to draw conclusions on the overall effectiveness of the Company Boards and Trustees in delivering favourable management of the commons. It is apparent that the financial opportunity provided by the CSS agreements (£110,000 a year for Hamatethy and £150,000 for Davidstow, for instance) has proved the greatest motivation to the establishment of more effective management bodies. During the protracted period during which the CCS agreements have been negotiated, it has only been the promise of public funding to commoners, channelled through a Company or Trust, that has kept some commoners interested. The services of an agent, whose integrity must be trusted by all parties, to negotiate the formula of stocking reductions and payment levels to each commoner on the basis of their registered rights and past usage, are critical. The advantage of the Company Boards and Trustees over less formal associations is that they provide a legal basis for holding and paying out money. However, experience to date suggests that, regardless of the powers available to the Boards to withhold money from commoners, it is their willingness, as individual members of a close-knit community, to act in the face of determined opposition from a minority of commoners that is the crucial issue. Merely providing Board Members or Trustees with powers (whether they be legal powers of redress or the ability to withhold money) is not enough unless they are prepared to use these powers.

App 2.32

ROSSENDALE AND DISTRICT COMMONERS’ ASSOCIATION Summary information Type of management body Voluntary commoners’ association Area of common land 2,099 ha (5,190 acres) Number of commons Two main blocks separated by a valley, each block

comprising several contiguous commons Conservation designations The commons include part of one small SSSI (Lee Quarry,

49 hectares) Agricultural use All grazed by sheep, cattle and ponies Other uses and activities Walking and riding are allowed as of right and there is a

golf course on one common. Other uses include hang gliding, model plane flying, mountain biking, trail bike riding and 4X4 vehicles. A wind farm has been proposed by the soil owners.

The Rossendale and District Commoners’ Association represents graziers of common land to the north of Rochdale. The Association was preceded by the East Lancashire Commoners’ Association, prior to the Commons Registration Act 1965, and then by the Whitworth Environment Group which met occasionally. The Rossendale and District Association was formed about two years ago in response to the proposed changes in common land legislation. The commons are in 15 titles which constitute two main blocks. The larger block, known as Rooley Moor, is to the west of the A671. The smaller block is to the east of the A671 and is contiguous with other commons. Most of the common land is owned by Mr James Dearden, whose family has held the title Lord of the Manor of Rochdale since purchasing the estate from the poet Lord Byron in the 1840s. The owner lives overseas and is represented by a Steward, who is a solicitor and is advised by a local person (Mrs Christine McDermott) with the honorary title of Moor Looker. Other soil owners are the water company United Utilities, as the moors include water supply catchments, and the property investment company Peel Holdings Ltd. A large wind farm is proposed for Rooley Moor for which a planning inquiry has been held (November 2004) but a decision has not yet been made. As the commons are close to urban areas they are popular for walking and a variety of other recreational activities, being open to non vehicular recreational access under section 193 of the Law of Property Act. Commoners and their rights Total graziers with rights 96 persons (160 properties) Active graziers About 30 Total grazing rights At least 7000 sheep, cattle and horses/ponies. Rights also

exist for pigs, goats and poultry Active grazing rights Less than half (37%) of the available rights

Other common rights Turbary and rights to take stone

App 2.33

App 2.34

Sheep, cattle, ponies and horses are grazed on the commons, with many remaining over winter. One rightholder breeds fell ponies on the commons for sale. There are some rights to graze pigs, goats and poultry but these are not exercised. Historically, the more low-lying parts supported dairy cows turned out from neighbouring dairy farms while the higher ground supported sheep, which were taken off in winter. The consultees considered that current agricultural support payments combined with ownership of common rights by non-farmers have: • caused a shift towards beef cattle and horses and ponies, although sheep still

predominate • resulted in higher stocking rates and greater use of the commons in winter. There is a view locally that too many cattle use the commons, particularly in winter, although this is not a universally held view. Grazing rights are exercised by about 30 of the 96 rightholders, most of whom live and farm locally, although some live further afield using leased rights. The soil owners do not put stock on the commons. Overall less than half of the registered rights are actually used. As the rights for each property were registered by type of animal they are in theory not interchangeable but in practice this is not monitored At the time of registration it appears that too many rights were registered. One consultee commented that “if we all put them all on there wouldn’t be a blade of grass left”. This has resulted from some owners registering their total allocation of rights to several separate commons instead of apportioning the rights between the commons. For this reason the exact number of rights available is difficult to determine. Some rights are now disused as the farms they are attached to have passed out of agriculture. In general the rights are attached to land, rather than being rights in gross, but some severance of rights has occurred. Many rights (several hundred, perhaps more) were originally registered to a major local landowner who had tenanted farms in the area. He has subsequently sold the land to which the rights were attached, left the area and leases out the rights to graziers who live some distance from the commons. This causes some difficulties for rightholders who live and farm locally (although the Association feel that leasing to local people would be acceptable). It was suggested that preventing the transport of stock to the commons would avoid the problems caused by ‘flying flocks’ and enable the commons to be used for their original purpose as additional grazing for local farms. Legal and management structure The management body is called the Rossendale and District Commoners’ Association. The Association has no legal status at present but it has a draft constitution and rules. All holders of grazing rights on the commons, whether freeholders or tenants, active or inactive graziers are eligible to join. The Lord of the Manor’s Steward and Moor Looker are also able to attend meetings ex officio but have no voting rights. There is also provision for co-opted membership by other interests, at the Committee’s discretion. The Association’s stated purpose is “to support and integrate agricultural management of our Commons in a way appropriate to our local needs, including controlling and managing regulated grazing”. As the Association has no formal powers it uses discussion and persuasion as the main management tools at present. The officers are a Chairman, an Honorary Secretary and an Honorary Treasurer, elected at the Annual General Meeting. The constitution states that there should be at least four meetings per year, which any member can attend, but at present there are more than this as the Association is in an establishment phase. Each paid-up member has one vote, regardless of the number of rights held. Where a matter relates

App 2.35

to only one of the commons only those with rights there can vote. Formalisation of the structure is likely if the legislative proposal for statutory commoners’ associations become law.

At present the Association is funded through a voluntary subscription of £5 per member, with in-kind contributions of time and material by Association members and office-holders. Although a golf course is located on the common the commoners do not receive a payment in compensation for lost grazing. Should the wind farm proposal proceed there is likely to be a land swap to compensate for lost grazing, rather than any financial compensation.

Current management and issues encountered Grazing on the commons is very important to most of those farms with rights attached. Historically the farms were small as the farmers also worked in local mines, quarries or mills, thus most have relatively little in-bye land and rely on the commons for grazing so that they can conserve grass for winter feed. There is some supplementary feeding on the commons during winter. Most of the boundaries of the commons are fenced or walled but the poor state of fences and walls is a concern to rightholders. Since privatisation of the water industry the standard of fencing of adjacent water supply catchments has declined enabling stock to wander, and fencing adjacent to roads has also deteriorated leading to at least one traffic accident.

Some consultees were concerned about overgrazing, although others considered this was more of a localised problem than a general one. The fact that many stock remain on the common over winter may prevent vegetation recovering fully, and rushes appear to be increasing in extent. The commons are not designated as an SSSI, other than a very small area, and no agri-environment agreements are in place. The leasing of rights to farmers outside the area concerned most consultees because it reduces the degree of collective control over grazing management.

All consultees agreed that unauthorised activities, particularly trail bikes and 4X4 driving, disturb stock and cause significant nuisance. Flytipping is also a problem. Trail bikes have caused clearly evident scarring and erosion. The co-operation of the police has been sought and they have taken enforcement action on occasions, with limited success. However, the Association does not have powers to control these activities and the main soil owner does not take an active interest in management of the commons. Furthermore, the Association recognises that the commons are a valued resource for walking and does not wish to impede legitimate users by blocking access. Effectiveness The Association appears to be gaining some influence over activities on the commons, at least in comparison with the situation prior to its formation. Office holders are in place and there are regular meetings. Not all rightholders participate in the Association as yet and it is constrained by several factors: • A degree of reticence among rightholders to share information about their activities. • A lack of formal powers available to address current management issues, both in terms

of agricultural management and in terms of controlling unauthorised activities. • Relatively little involvement in the common by the main soil owner.

There is a positive mood towards the formalisation of the Association under the proposed legislation and the opportunities offered through the current reforms of the Common Agricultural Policy for reduced stocking under the forthcoming Single Farm Payment. The impending changes are seen as an opportunity to move back towards the less intensive management that existed before production-based subsidies were introduced under the Common Agricultural Policy.

App 2.36

YORKSHIRE FEDERATION OF COMMONERS AND MOORLAND GRAZIERS3 Summary information Type of management body Federation of voluntary commoners’ associations Area of common land 79,872 ha Number of commons Around 543 separate commons in the area covered.

Around 250 of these have common rights registered against them. In the order of 120 to 150 of these have a commoners’ association of some form.

Conservation designations Various designations apply Agricultural use It is assumed that most commons represented by the

Federation will, by definition, be grazing commons. Other uses and activities Various non-agricultural uses, particularly recreation.

The Yorkshire Federation of Commoners and Moorland Graziers has recently been established to provide assistance to and a voice for commoners and moorland graziers in the County. There are existing Federations for Cumbria (Federation of Cumbria Commoners) and Dartmoor (Dartmoor Commoners’ Council), the latter having statutory recognition under the Dartmoor Commons Act 1986. A Lancashire Federation is also being developed with the intention of affiliating with Cumbria, and a Federation is also under development in Wales. The Biological Survey of Common Land4 in the 1990s identified approximately 68,000 hectares of common land in North Yorkshire (as it was then), 10,000 hectares in West Yorkshire and 1,400 hectares in South Yorkshire, together accounting for 25% of all common land in England. The Federation would therefore have the potential to be a major influence over common land management in national terms. The Federation’s establishment was guided by a steering group of 14 farmers and moorland managers, and the inaugural AGM was held in November 2004 at which a committee was elected. The following information outlines the current proposals as set out in a business plan (June 2004) and from discussions with participants. Legal and management structure The present intention is to model the structure and constitution on that of the Federation of Cumbria Commoners, while allowing for the unique features of Yorkshire such as the relatively informal operation of many commoners’ associations in Yorkshire. Membership is open to any person with registered rights on any common in Yorkshire or who is a member of a Commoners’ Association. In addition, and unlike the present format of the Cumbria Federation, moorland owners who do not hold common grazing rights would be able to join. This recognises the contribution that moorland owners can make to the strategic management of common land and moorland, through their ownership role and their involvement in shooting sports.

3 As the Federation is still in its early stages at the time of writing this summary, the summary is less complete than those for the established commons management bodies. 4 The Common Lands of England: A Biological Survey. J Aitchison, K Crowther, M Ashby and L Redgrave. Rural Surveys Research Unit, University of Wales, Aberystwyth for Department of the Environment, Transport and the Regions, August, 2000

App 2.37

App 2.38

The Federation would possibly adopt a tiered structure with area committees, representing local groups of commons, feeding information and views into the Federation committee. The Federation committee would be responsible for matters such as: • liaising at a policy level with Government and other agricultural and upland or moorland

interest groups including other Federations of Commoners; • communicating advice and information to members; • developing best practice guidance, modelled on guidance established for Cumbria; and • providing practical assistance in establishing local management systems including entry to

agri-environment schemes. The committee is expected to have about 12 members and other representatives with wider interests in common land may be invited to join the committee. The Federation is not intended simply as a lobbying group, with the business plan emphasising a role in promoting positive environmental management of common land and moorland and improving communications and understanding between the various parties with an interest in such land. It would also hold a database of activities on common land and moorland, although it is not clear whether this would amount to a ‘live register’ of common rights which may more appropriately be held by individual commons or local area committees. The details of voting structures are not established but all members will be able to stand for membership of the Federation committee and vote at the AGM, with presumably a similar structure operating for the area committees with voting rights restricted to members in that area. The manner in which area committees would interact with individual commons or groups of commons is not yet clear but there is potential for these to assume the role of statutory commons associations if this is agreeable to the component commons and the latter do not have the resources to form their own statutory association.

App 3.1

Appendix 3

Examples of voluntary associations’ constitutions

CONTENTS Rossendale and District Commoners Association..................................A3.2

Halkyn Graziers and Commoners Association ........................................A3.3

Note: Page numbering in this electronic version is different from the printed copy. This is because blank pages have been omitted from this version.

App 3.2

ROSSENDALE & DISTRICT COMMONERS ASSOCIATION

Constitution

1. That this Association be known as The Rossendale & District Commoners Association.

2. The Commons shall be that registered under the Commons Registration Act 1966 as C.L. Nos. 82, 94, 99, 162, 163, 164, 165, 166, 173, 174, 175, 213, 235, 237 & 300.

3. The object of the Association is to support and integrate agricultural management of our Commons in a way appropriate to our local needs, including controlling and managing regulated grazing.

4. It shall consist of a Chairman, an Honorary Secretary, an Honorary Treasurer and Ordinary Members.

Rules

1. Committee Rules

a. A quorum to be two Officers and at least three others.

b. The officers shall meet at least four times each year.

c. Officers shall be open to reappointment by ballot or uncontested annually at the AGM.

d. The Lord of the Manors Agents shall be ex officio Members but have no vote.

2. Membership and Activities

a. Membership shall be open to all holders of grazing rights, owners of the Common Land, tenants of owners using the Common for grazing.

b. Co-opted Membership, to allow representation of other interests, will be at the Discretion of the Committee, eg sporting rights granted by the Manor.

c. The Annual General Meeting (AGM) will be held in the first quarter of each year.

d. Other meetings will be convened by the Secretary as felt appropriate, or at the request of at least four Members in writing to the Secretary.

e. The Annual Subscription for Members shall be five pounds.

f. All Members shall have one vote relative to their particular Right(s) or in relation to any general motion.

g. Voting will be by a show of hands.

App 3.3

CONSTITUTION FOR HALKYN GRAZIERS AND COMMONERS ASSOCIATION

1. TITLE

1.1 The Association shall be called Halkyn Graziers and Commoners Association, hereafter to be referred to as “the Association”.

2. OBJECTS

2.1 To ensure good, sustainable agricultural management of Halkyn Common within the rights accorded to those who have Common rights and others approved by the Lord of the Manor.

3. MEMBERSHIP

3.1 Membership of the Association shall be open to any person correctly entered in the Commons Register held by Flintshire County Council having completed a membership application form and paid the relevant subscription/joining fee as determined by the Annual General Meeting of the Association Members. Membership may also be offered to Friends of the Common.

3.2 There shall be 4 classes of membership available. These are:

3.2.1 Full Member who actively grazes the Common.

3.2.2 Member who does not graze the Commons but uses the land attributed to his rights in Agricultural records.

3.2.3 Associate Member who does not graze the Common and to include non-registered persons who are Friends of the Common and invited to join by at least 2 members of the committee.

3.2.4 Honorary membership.

4. OFFICERS

4.1 The Officers of the Club shall be as follows:

President An honorary, Non-Executive Officer

Chairperson )

Vice Chairperson )

Secretary ) Executive Officers

Treasurer )

App 3.4

5. ELECTION OF OFFICERS

5.1 All Officers shall be elected at the Annual General Meeting of the Association by all the Members of the Association attending the meeting. Votes may also be sent in writing and must be received by the Secretary before the meeting.

5.2 All Officers are elected for a period of one year, but may be re-elected to the same office or another office the following year.

6. GENERAL COMMITTEE

6.1 The affairs of the Association shall be controlled by a General Committee comprising:

the Executive Officers of the Association; and

3 other persons elected from the Membership

and 1 representative from the Lord of the Manor.

The General Committee shall meet on the last Friday of the month, excluding December and July, and at any other agreed time. It may appoint sub-committees. A representative from Lord of the Manor will be invited to Committee meetings 4 times a year. All members would be welcome at the monthly meeting and may take part in the proceedings.

6.2 The duties of the General Committee shall be:

6.2.1 To control the affairs of the Association on behalf of the Members.

6.2.2 To keep accurate accounts of the finances of the Association through the Treasurer. These should be available for reasonable inspection by Members and should be audited before every Annual General Meeting. The Association shall maintain a bank current account and the following Officers shall be authorised to sign Club cheques : two persons designated by the General Committee.

6.2.3 To keep accurate membership records.

6.2.4 To co-opt additional members of the Committee as the Committee feels this is necessary. Co-opted members shall not be entitled to a vote on the Committee, unless they have been co-opted to replace a member who has died or has resigned. They shall hold office until the next AGM.

6.2.5 To make decisions on the basis of a simple majority vote. In the case of equal votes, the Chairperson shall be entitled to an additional casting vote.

7. GENERAL MEETINGS

7.1 The Annual General Meeting of the Association shall be held on the last Friday of September each year. 21 clear days written notice of the Annual General Meeting shall be given by posting the notice on the Community Notice Boards around the Common. Members must advise the Secretary in writing of

App 3.5

any business to be moved that the Annual General Meeting at least 14 days before a meeting. The Secretary shall give notice of the agenda for the meeting to Members by posting it on the Community Notice Boards not less than 7 days before the meeting.

7.2 The business of the Annual General Meeting shall be to:

7.2.1 Confirm the minutes of the previous Annual General Meeting and any other General Meetings.

7.2.2 Receive the audited accounts.

7.2.3 Receive the annual report of the Secretary.

7.2.4 Elect an auditor.

7.2.5 Elect the Officers of the Association (ie President; Chairperson; Vice Chairperson Secretary; Treasurer and other General Committee Members).

7.2.6 Fix Association subscription rates. A Member who has not paid his subscription by such default date as the Committee prescribes may at the discretion of the Committee be deemed to have resigned.

7.2.7 Transact such other business received in writing by the Secretary from Members 14 days prior to the meeting and included on the agenda.

7.2.8 Such other business except business for which a Special General Meeting is required (eg expulsion, dissolution or changes to the constitution) as by common consent of the meeting the Chairperson in his/her discretion admits.

7.3 Special General Meetings may be convened by the General Committee or on receipt by the Secretary of a request in writing from not less than 4 Full Members of the Club, 10 Associate Members or a combination of both. At least 21 days notice of the meeting shall be given.

The business to be considered at the meeting to be specified in the notice convening the business.

7.4 Nominations of candidates for election of Officers shall be made in writing to the Secretary at least 14 days in advance of the Annual General Meeting date. Nominations can only be made by Full and Associate Members and must be seconded by a Full Member.

In the absence of nominations prior to the meeting nominations may be taken from the floor. All nominations shall have the consent of the nominee.

7.5 At all General Meetings the chair will be taken by the Chairperson or, in their absence, by a deputy appointed by the Association or by Full Members attending the meeting.

7.6 Decisions made at a General Meeting shall be by a majority of votes weighted as follows:

votes of Full Members x 2

votes of all other Members x 1

App 3.6

In the event of equal votes, the Chairperson shall be entitled to an additional casting vote.

7.7 A quorum for a General Meeting shall be 6 Full Members and 4 Offices of the Association including 2 from the Chairperson, Vice Chairperson, Secretary and Treasurer.

8. A member who is found by vote carried at a Special General Meeting called in accordance with clause 7.3 to have behaved in a manner likely to bring the club into disrepute or cause substantial prejudice to it may be expelled from the club. Provided that:-

a) The resolution must be carried by 4/5ths of those attending and voting.

b) This is the only business at the meeting.

c) Before putting the motion to the vote the member shall have a full opportunity to address the meeting.

Following expulsion any subscription for the whole of that year that has been paid by that member shall be returned.

9. ALTERATIONS TO THE CONSTITUTION

9.1 Any proposed alterations to the Association Constitution may only be considered at an Annual or Special General Meeting, convened with the required written notice of the proposal. Any alternation or amendment must be proposed by a Full Member of the Association, and seconded by another Member. Such alterations shall be passed if supported by not less than two thirds of those Full Members present at the meeting and voting, assuming that a quorum has been achieved.

An abstention shall be recorded but shall not count as a vote.

10. DISSOLUTION

10.1 If at any General Meeting of the Association a resolution be passed calling for the dissolution of the Association, the Secretary shall immediately convene a Special General Meeting of the Association to be held not less than one month thereafter to discuss and vote on the resolution.

10.2 If at that Special General Meeting the resolution is carried by at least two thirds of the Full Members present at the meeting and voting, the General Committee shall thereupon, or at such date as shall have been specified in the resolution, proceed to realise the assets of the Association and discharge all debts and liabilities of the Association. Abstentions shall be recorded but shall not count as a vote.

10.3 After discharging all debts and liabilities of the Association, the remaining assets shall not be paid or distributed amongst the Members of the Association, but shall be donated to benefit the users of the Common, eg to a trust or association.

This Constitution was accepted at the AGM 26th September 2003.

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