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Public Spaces Protection Orders And The New Forest

By on 06/12/2022 in News

New Forest District Council has sent two draft Public Spaces Protection Orders (PSPO) , which we broadly support, for public consultation.  The first to ban the lighting of fires and use of BBQs (principally on the Crown Lands), and the second to ban the feeding and petting of ponies, horses, mules, and donkeys in the open areas of the New Forest.  The consultation runs for nearly 8 weeks from  Monday 6th December 2022 to Friday 27th January 2023.

In this second in the series on PSPO’s we explain what they can (and can’t) do for the New Forest.

What are PSPO’s and what can they do for the Forest?

Public Spaces Protection Orders prohibit anti-social behaviours or require certain restrictions on activities within a given public space.  This allows councils to individually target public nuisances in their area.  Typically targets include alcohol consumption, use of “legal” highs, lighting fires or BBQs.  More unusual orders involve intentional feeding of gulls, busking, flying drones, dangerous cycling/skateboarding, and releasing balloons.  The most common type of PSPO across all councils are for dog control; primarily dog fouling, but also conditional lead requirements and exclusion zones (usually sports ground and children’s play areas).

This may sound like councils are given free reign to attack any bugbear of the local populace, however the council must produce evidence that the target behaviour is detrimental to those in the locality, is persistent, is unreasonable, and justifies restrictions imposed under the order.  Guidance suggests that councils look for other ways to address each issue, in some instances existing laws or voluntary codes of conduct or other initiatives may achieve sufficient compliance with rules.  PSPOs should be used responsibly and proportionately in response to issues that cause anti-social behaviour and where necessary to protect the public.

As a minimum, each PSPO must set out:

  • what the detrimental activities are
  • what is being prohibited and/or required, including any exemptions
  • the area covered
  • the consequences for breach
  • the period for which it has effect.

Consequences are usually the imposition of fixed penalty notices (varying between £50-150, frequently £100).  A PSPO can last for up to three years, after which it must be reviewed. If the review supports an extension and other requirements are satisfied, it may be extended for up to a further three years. There is no limit on the number of times an Order may be reviewed and renewed.  PSPOs may be subject to legal challenge, poorly worded or shoddily evidenced orders have been successfully challenged.[i]

To give an example of how a PSPO may work in practice:  a 2015 PSPO from North East Derbyshire District Council reportedly banned golf equipment from an area of a park.  As noted, each PSPO only operates within a defined public space within a council area.  The area was “the open park areas at and surrounding the Hut and BMX track” in Mickley.   Evidently the public nuisance was caused by golfers practicing in an area unsafe for users of the adjacent BMX track.  The PSPO was not extended beyond its first three year term, so ostensibly the temporary ban effectively reduced, eliminated, or changed the target behaviour.

While more perennial behaviours may not be so easily altered, the built in three year maximum forces a review before any extension.  A 2015 PSPO which rightfully targeted hooliganism in Salford Quays: jumping from bridges, throwing wheelie bins or animals into the water, interfering with lifesaving equipment, also included a widely derided ban on “foul and abusive language”.   Free speech advocates challenged this, and this clause was dropped from subsequent versions, without recourse to a judicial review.

PSPOs and The Forest

PSPOs were established within the Anti-Social Behaviour Crime and Policing Act 2014.  Although the powers have existed for eight years, the two NFDC orders going forward to consultation are the first that this District Council have proposed.  It is apparent that they have wisely waited to benefit from the experiences of implementations elsewhere in the country, and to gather supporting evidence for their proposals.

Over the past few years the Park Authority, Forestry England, Verderers, Recreation Management Strategy and other key Forest groups have discussed with NFDC the possibility that PSPOs might address a range of issues on the Crown Lands including:

  • Parking on verges
  • Wild camping
  • Wild fires and BBQs
  • Out of control dogs
  • Feeding and petting of animals
  • Cycling off the permitted network

However, some of these don’t easily fit PSPO criteria.  Parking on verges is primarily an environmental issue for its material damage to the SSSI.   Establishing that it is necessary to protect the public is limited to instances where verge parking blocks gateways for emergency vehicles.  Both wild camping and off network cycling have a similarly tenuous case under PSPO criteria, and are already addressed under existing byelaws.

Verge Restoration Before / After

The two issues, wildfires and BBQs, and the feeding and petting of livestock, NFDC have now moved forward fit the criteria.   Wildfires are an obvious danger to the public, the subsequent devastation may also be viewed as detrimental to public enjoyment.  Feeding and/or petting of Forest livestock for all of its ill effects on the animals and their owners, also causes behaviours in the animals that make them a danger to the public.   When inappropriately fed, semi-feral animals or those protecting their young may become aggressive, and some animals will loiter more frequently and dangerously near roads.  These problems are well evidenced as may be seen in the documents available in the consultation.

When we suggested that the Council should also move forward with a dog control PSPO, they demurred “It was felt there was not enough evidence at the current time to take this matter forward.  However, it could be considered in the future.”  Ironically one of the evidence documents, cited to support the feeding ponies PSPO, detailing incidents in 2018, showed “Dogs worrying livestock” made up 33% of incidents reported to the Verderers.  So while that issue is off the table for now, the upside is that all Forest stakeholders, including dog owners, have an opportunity to help craft an order consistent with the already agreed upon code of conduct.

Education and Enforcement

PSPOs confer a duty on the authority to provide adequate signage to indicate where they are in effect.  Signage in the Forest has always been a tug of war between positive education and minimizing urban clutter in our idyllic landscape.  No doubt this will be another tricky series of discussions.  One of the reasons we’d hoped to add a Dog Control PSPO to this round of consultation was to save the effort and expense of reinventing that inevitable wheel.

Enforcement will be through fixed penalty notices issued by authorised personnel, representatives of the council or another nominated authority.  From the minutes of the NFDC Cabinet meeting:

It was reported that there had been discussion with the National Park Authority, Verderers and Forestry England and it had been accepted in principle that they would play a lead role in the enforcement of the PSPO activities, should they be introduced.

So it is likely, but still to be determined, that this will fall to the Rangers of both the National Park and Forestry England, potentially other staff.  There will be training and resource issues for any of the organizations that come forward.

At the November 2nd Cabinet meeting, in response to a query whether the PSPO should include the touching and petting of ponies, supposing the feeding was the strongest factor for behavioural change, Council Leader Edward Heron, after defending the inclusion of all these actions, characterized a balanced view for enforcement:

The idea is not to be lurking in the bushes with your book of tickets to leap out. The answer is, the ability is there if you are in one of the car parks, if you are talking about one of the Forestry England Rangers or one of the National Park Rangers talking to people. And there is someone walking into a herd of ponies and petting and stroking them.  And they tell them not to, and explain why.  And then asked them more firmly not to, and explain why, and the fact that they are perhaps taking their children in and risking them doing this. Yes. At some point, should they consider it appropriate and proportionate to do so, I want them to have the option to issue this penalty. Again. I really hope.  I don’t think anyone wants this to be a place where we’re out issuing penalties. Everyone wants this to be a place where everyone can enjoy the Forest, whether they live here, work here, visit here in a way that’s responsible, in a way that preserves it, in a way that keeps them all safe.

Public Spaces Protection Orders are not going to be an all singing, all dancing solution to the ills of the Forest.   However, they will be a tool, which used sensibly may raise the profile of the issues they address, give bite to those education messages and promise consequences for those who feel all too entitled to ignore them.

In This Series —

Previously:
NFDC Cabinet Advances Prohibitions on Forest Pony Feeding and Barbecues to Consultation

Coming:

Dog Public Spaces Protection Order: A Statement to NFDC Council Cabinet

Protect Heathlands by Restricting Sky Lanterns and Fireworks Along With Barbecues — A Presentment to the Verderers about the Wildfires PSPO

PSPOs for the Dog Control in the Forest: Our Recommendations For a Draft Dog Control PSPO, how they stack up against existing guidance, and What the Kennel Club Says About PSPOs

ENDNOTES

[i] Richmond Dog control order was partially quashed:
https://www.thekennelclub.org.uk/media-centre/2018/april/victory-for-dog-owners-in-uks-first-successful-pspo-legal-challenge/
https://www.telegraph.co.uk/news/2018/04/13/dogs-can-urinate-lampposts-court-rules/

https://www.lag.org.uk/article/205493/challenging-public-spaces-protection-orders

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NFDC Cabinet Advances Prohibitions on Forest Pony Feeding and Barbecues to Consultation

By on 11/11/2022 in News

New Forest District Council has sent two draft Public Space Protection Orders (PSPO) for the Forest to address fires, barbecues, pony feeding and petting to public consultation which will run from Monday 6th December 2022 to Friday 27th January 2023.

In the first of a series on PSPO’s we discuss these two orders, our broad support, and initial suggestions.

At the 2nd November New Forest District Council Cabinet meeting, members approved two draft Public Space Protection Orders (PSPO) for public consultation.  The first to ban the lighting of fires and use of BBQs (principally on the Crown Lands), and the second to ban the feeding and petting of ponies, horses, mules, and donkeys in the open areas of the New Forest.  We broadly support both of these PSPO’s, and hope that the addition of these restrictions will make a significant difference with these issues. Years of positive messaging have not always succeeded.  These PSPO’s allow fixed penalties notices of £100 to be issued, giving more bite to the byelaws and guidance already in place.

PSPO’s are meant prohibit anti-social behaviours or require certain restrictions on activities within a public space.  Their framework was established in the Anti-Social Behaviour Crime and Policing Act 2014.  Each PSPO must undergo public consultation, pertains to specified public space within a defined area, lasts for 3 years before review and repeated consultation.  The Act requires that the target behaviour is detrimental to those in the locality, is persistent, is unreasonable, and justifies restrictions imposed under the order.  Guidance specifies PSPOs should be used responsibly and proportionately in response to issues that cause anti-social behaviour and where necessary to protect the public.

Petting and feeding the Forest’s semi-feral ponies will alter their behaviour, making them more aggressive, apt to bite or kick if subsequently denied human food, and tempting them to spend more time on roads where they are more vulnerable to accidents.  This makes them a danger to the public and themselves.  Their natural diet is grazing the Forest, altering this can lead to digestive problems, and even death from choke or colic.  Misguided, well meaning leaving of carrots, apples, grass cuttings has led to deadly consequences.

At the Cabinet Meeting, Commoners Defence Association Chair Charlotte Lines welcomed the PSPO targeting inappropriate interactions with Forest ponies. “The continued petting and feeding of our legally depastured animals is ever increasing.  Whilst education and signage has its place, and helps to a degree, it’s not been enough in recent years, and now is the time to implement stronger measures.  The Public Space Protection Order will be vital in ensuring the Forest and our animals are protected so that they can continue to provide the essential service of grazing which is needed to maintain and enhance the landscape and the ecological diversity we see today.”

The NFDC documents referred to our Byelaw Watch surveys within their evidence base for this PSPO.  During six weeks in autumn 2021, the survey reported 150 instances of livestock being fed by the public.  This year, between 25th July 2022 – 31st August 2022,  a Forest wide survey including more than 98 observers, reported 187 instances of livestock being fed and/or petted.  Another 66 instances were recorded in our static snapshot survey of Nine popular car parks on August 29th Bank Holiday Monday 10:00 am – 2:30 pm.

We will be refining our response to the upcoming consultation, but for now we’d note that NFDC might take a page from other councils which alongside similar measures for fires and barbecues, have also banned or restricted fireworks.   Over 190 councils in England have committed to banning sky lanterns, many have included this ban in their PSPO’s.  The National Park says they have banned sky lanterns on their web page on wild fires, but it is unclear if they have any practical way at their disposal to enforce this ban.

The 2018 moorlands fire near Stalybridge destroyed 4,500 acres, killed many farm animals, necessitated evacuation of 150 residents. Troops assisted 15 fire services.  The smoke affected air quality across the north west of England.  The Environment Agency estimated the cost from moorland damage at:

  • 26,281 tonnes of carbon dioxide were released, valued at £1.68 million
  • 15,400 tonnes of carbon sequestration capacity was lost, valued at £3.6 million (capacity to take in and store carbon as peat)
  • 1.9 million tonnes of carbon dioxide (equivalent) is stored in the moor valued at £121 million
  • 7810 tourist visitors per year were lost, valued at £205,000

Afterwards many local authorities in that area (including Tameside, Oldham and High Peak Borough) introduced PSPO’s prohibiting activities carrying a significant risk of causing wildfires: lighting a barbecue, building or lighting any kind of fire, and lighting fireworks or launching sky lanterns carrying an open flame.

The summer 2020 Wareham Forest Fire impacted approx. 220 hectares of heath and woodland, and saw firefighters from all 50 of Dorset and Wiltshire Fire and Rescue Service stations involved in the major incident that lasted over two weeks.  The number of incidents in Dorset relating to BBQs between 2016 and 2020:

2016 –

4
2017 –

3
2018 –

16
2019 –

18
2020 –

74

The Dorset Open Land Anti-social Behaviour Related Public Spaces Protection Order 2022 came into force on 1st July 2022 which included prohibition on:

a. placing, throwing or dropping items likely to cause a fire,
b. lighting fires, barbeques (including disposable barbeques), Chinese lanterns or fireworks,
c. using items which either (i) cause a naked flame or (ii) pose a risk of fire

The language for the NFDC PSPO is almost the same, excepting the exclusion of sky lanterns and fireworks.  With drier hotter summers expected, we should look to prospective threats.  We will join others in encouraging NFDC to include these prohibitions explicitly.

Coming In This Series:

What are Public Space Protection Orders and what can they do for the Forest?

Dog Public Space Protection Order: A Statement to NFDC Council Cabinet

Protect Heathlands by Restricting Sky Lanterns and Fireworks Along With Barbecues — A Presentment to the Verderers about the Wildfires PSPO

PSPOs for the Dog Control in the Forest: Our Recommendations For a Draft Dog Control PSPO, how they stack up against existing guidance, and What the Kennel Club Says About PSPOs
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Dog Public Space Protection Order: A Statement to NFDC Council Cabinet

By on 02/11/2022 in News

We add our suggestions for a possible Dog Public Spaces Protection Orders to our broad support for the two already proposed New Forest District Council PSPOs.  This statement was given by our Trustee / Council member, Brian Tarnoff in the Public Participation section of the NFDC Cabinet meeting on 2nd November 2022.  Here we include the Endnotes separately shared with Cabinet Members.

Dog PSPO

We commend the council for considering Public Spaces Protection Orders to bring forward measures to address inappropriate interaction with Forest livestock, and banning the use of barbecues and open flames on the Crown Lands.  However, positive control of dogs is a priority widely suggested by the National Park, Forestry England[i] and the Verderers [ii].

East Hampshire District Council successfully brought out a PSPO for controls on dogs in November 2021. [iii]  Similar rules for the New Forest could be mandated which would be entirely consistent with the New Forest National Park’s Dog Walking Code [iv] which is supported by all stakeholders in the New Forest Dogs Forum, including New Forest Dog Owners Group.

Such an order may include:

  • Leads to be mandatory:
    • When their use is requested by any staff of the relevant land managers, including rangers, keepers, agisters, etc. [consistent with FE byelaw 5.xiv.]
    • In areas designated by the land managers of the Crown Lands, adjacent commons or reserves, primarily during ground nesting bird season, but for any other reasonable management purpose intended to reduce disturbance to wildlife or commoner’s stock.
    • Along all stretches of the England Coast Path[v] that are directly adjacent or include within their coastal margin either fields containing livestock, or sites of importance to nature conservation (including SSSI, and/or any areas exempted from coastal margin by Natural England).
  • Out of control dogs worrying/chasing/attacking livestock.
  • Persistent dog fouling of car parks and paths.
  • Littering, including leaving bagged faeces.

The district council should not treat this as a political hot potato.   There is nothing here not already agreed to by the key stakeholders.  While it is possible to roll out PSPO’s separately, you would address an arguably more prevalent set of issues in a more timely fashion, and save on time / expense / effort of separate consultations.

I myself am a dog owner who enjoys the privilege of exercising our dogs under close control on the Forest.  I also represent Friends of the New Forest, a conservation organization, on the New Forest Dogs Forum (as well as the Recreation Management Strategy Advisory Group).  As a responsible dog owner I would like to see measures rolled out that would further positive education.  The Forest is an important remaining bastion for wildlife, and a working forest for commoning. By introducing consequences we may get the attention of those who take our Forest for granted.

New Forest District Council has sent two draft Public Spaces Protection Orders (PSPO) , which we broadly support, for public consultation. The first to ban the lighting of fires and use of BBQs (principally on the Crown Lands), and the second to ban the feeding and petting of ponies, horses, mules, and donkeys in the open areas of the New Forest. The consultation runs for nearly 8 weeks from Monday 6th December 2022 to Friday 27th January 2023.

In This Series on PSPOs:–

Previously:
NFDC Cabinet Advances Prohibitions on Forest Pony Feeding and Barbecues to Consultation

Public Spaces Protection Orders And The New Forest : What are PSPO’s and what can they do for the Forest?

Protect Heathlands by Restricting Sky Lanterns and Fireworks Along With Barbecues – A Presentment to Verderers November 2022

Coming:

PSPOs for the Dog Control in the Forest: Our Recommendations For a Draft Dog Control PSPO, how they stack up against existing guidance, and What the Kennel Club Says About PSPOs

 

ENDNOTES:

[i] From the Forestry Commission Byelaws:

Acts Prohibited on the Lands of the Commissioners

  1. No person shall in or on the lands of the Commissioners:-
    xii. permit any animal in his charge to be out of control;
    xiv. permit a dog for which he is responsible to disturb, worry or chase any bird or animal or, on being requested by an officer of the Commissioners, fail to keep the dog on a leash;

https://www.forestryengland.uk/sites/default/files/documents/Forestry%20Commission_Byelaws.pdf

[ii] Verderers Minutes Jan 2021 page 12:

DOGS-ON-LEADS
As with many other issues which are damaging to the Forest, enforcing a dogs-on-leads policy would be extremely difficult. Byelaws are an unwieldy and expensive means of enforcing the law and an alternative is badly needed in the Forest. The Official Verderer suggested it would be best to wait for a legally enforceable solution to verge parking to be identified, as a similar solution may be possible to try to reduce the impact of other undesirable activities on the Forest – out of control dogs being one. Meanwhile, the Deputy Surveyor said he will investigate Public Spaces Protection Orders again to see if there is any way they can be used.

https://www.verderers.org.uk/app/uploads/2021/02/Verderers-Court-Minutes-January-2021.pdf

 

[iii] East Hampshire District Council’s PSPO :

  • requires dog owners in the borough to clean up after their dogs and dispose of the waste responsibly.
  • exclusion of dogs from enclosed children’s play areas.
  • an offence not to put a dog on a lead when instructed to by an officer authorised by the council for that purpose.
  • enables officers to issue fixed penalty notices if a dog owner is not adhering to these rules.

https://www.easthants.gov.uk/dogs-east-hampshire

https://www.easthants.gov.uk/public-space-protection-order-dogs-pdf-5-mb

 

[iv] New Forest National Park’s Dog Walking Code:

Stay safe and respect the environment:

  • Carry a lead for each dog in your care.
  • All dogs must wear collars with ID tags with the owner’s name and address.
  • Park only in designated car parks, not on a verge or in a gateway.
  • Keep dogs on leads in and around car parks and alongside roads.
  • Do not allow your dog to chase or attack livestock, deer or any other wildlife.
  • Keep your distance from grazing animals, especially mothers and their young.
  • Release your dog if threatened or chased by cattle, ponies or other animals to get to safety separately.
  • Dogs must always be under effective control when on a public right of way (for example through farmland); keep them on the path and do not allow them to stray onto adjacent land.
  • Keep your dog to the main tracks when birds are nesting on the ground (usually March – July).
  • Throughout the year, avoid disturbing coastal birds by exercising your dogs away from them.
  • Keep well away from any work taking place such as forestry and pony round-ups, and observe warning signage.
  • Pick up after your dog; put bagged dog poo in a dog waste bin or litter bin, or take it home.

Be considerate to other forest users

  • Always keep all dogs under effective control; if you cannot reliably and quickly call your dog back to you and away from people or other dogs, please keep it on a lead.
  • Keep your dog from jumping up at or approaching other people, especially children, horse riders and cyclists and prevent excessive barking.
  • Keep dogs away from picnics.
  • Show respect for other dogs (especially those displaying yellow as this indicates they need space); if an approaching dog is on a lead, put yours on a lead too.
  • Consider moving aside to let other walkers, cyclists and horse riders past.

https://www.newforestnpa.gov.uk/things-to-do/walking/dog-walking/dog-walking-code/

 

[v] England Coast Path – Issues relating to Access For Dog Walkers:

There are key issues surrounding the England Coast Path for the Coast of the New Forest.  The scheme inadvertently creates a combination of factors which would allow new, unwelcome access by dogs to protected habitats, and fields used for livestock, including back up land for commoners animals.  This is due to the way in which “spreading room” referred to as “coastal margin” is defined, the way the Ordnance Survey intends to show the land as access land, and Natural England’s uneven guidance and proposals for the New Forest route.

As defined Coastal Margin creates Access Land for the entire seaward side of the Route to the Waters edge.  Where the route is relatively close to the water, this is less of a problem.  However coastal habitats which need to be avoided send the Route inland, and are therefore automatically included in Coastal Margin. This was not defined in Primary Legislation, but as a statutory instrument.  It was not mooted within the consultation on 2009 Act, presumably bringing forward the spreading limitations of the CROW Act 2000.  The 2010 order was discussed for 20 minutes by 17 MPs in Delegated Legislation Committee, and in Lords Grand Committee in 3 hour meeting with 5 other items.  The order has no provisos for the scenario where Coastal Land is Excluded by Natural England, leaving its definition impracticable.

Highcliffe to Calshot route potentially creates @3,500 acres of access land on protected habitats.  This includes an Area of Special Protection which even the landowner may not enter without Natural England permission (Needs Ore Point, Gull Island and Warren Shore east of Gravelly House are given special levels of legal protection being subject to an Area of Special Protection order in accordance with Section 3 of the Wildlife and Countryside Act 1981 (as amended)). This order makes it an offence to enter this area and to disturb birds. Entry, except by permit, is prevented to Warren Shore and Needs Ore (1 March-31 July) and to Gull Island (at all times of year).

Natural England have the power to Exclude such areas of the coast from Coastal Margin.  However, the Ordnance Survey have decided to publish the route, and to display all potential access land under a “Magenta Wash”, regardless of whether the land has been excepted or excluded.  They’ve suggested that their printed maps will include a very small print caveat that their “depiction of access does not imply or express warranty as to its accuracy or completeness”.  Given that their data is used by both their own and 3rd Party mapping apps, which will not show this caveat, this policy is useless, and undermining to positive control and messaging about the route.  It is estimated that 75% of the New Forest’s coastal margin will be excepted or excluded land, but would be shown as access land.

Natural England’s proposals for the Highcliffe to Calshot are inconsistent with their own guidance on dog controls.  Only 2 stretches have Dogs on Lead Restrictions for habitat protection, for the rest of the route dogs are only required to be under close control off lead.  The lack of livestock based restrictions ignores NE Coastal Access Scheme Guidance:  2.4.6 “under Part 1 of CROW, a person with a dog must keep it on a short lead in the vicinity of livestock”  And Excepted Land status of  “land covered by pens in use for the temporary detention of livestock” has not been applied consistently along the route.  Unfortunately the Natural England guidance for the Coastal Path says that the route be made to the “least restrictive option”, which places the needs of walkers above conservation.   This invention in the guidance is not mandated in legislation, and within a National Park flies in the face of the Sandford Principle which is enshrined in law.

For the entirety of the New Forest portions of the England Coast Path dogs should be on lead for all sections adjacent to:

  • Protected Habitat (whether or not Excluded)
  • Land in use for Livestock Management
  • Coastal Margin leading to either

Potential Impact on Features of Nature Conservation Importance of increased public access to the coast

  • Damaging levels of trampling on vegetated shingle habitats, and adjacent saltmarsh, with erosion of woodland ground flora.
  • Increased levels of disturbance would have adverse impacts on breeding waders and other ground nesting birds including nesting Ringed plover, Redshank, Lapwing and Avocet.
  • Avocet and other waders and wildfowl nesting on lagoons inland of the coast would be vulnerable to disturbance, in particular from dogs.
  • Impacts on nesting Ringed plover would have an adverse effect on the Solent and Southampton Water SPA & Ramsar Site for which this is a qualifying species.
  • Wildfowl & waders feeding and breeding on grazing marshes, lagoons and improved grassland fields inland of the coast would be very vulnerable to disturbance from public access.
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Byelaw Watch Report 2022

By on 27/10/2022 in News

The FoNF 2022 Byelaw Watch Report has been published.

With grateful thanks to the volunteers who contributed to this with their ‘eyes in the Forest’
And those who compiled the results

Click 2022 BYELAW WATCH to read the full report.

 

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Byelaws Watch Survey – Preliminary Findings

By on 25/09/2022 in News

Friends of the New Forest made a presentment to the Court of Verderers at their meeting on 21st February in order to provide some feedback on findings from this 2022 survey, which ran until the end of August 2022

Presentment to the Court of Verderers – 21st September 2022

The Verderers may be aware that the Friends of the New Forest recently undertook a ‘Byelaws Watch’ survey. This was separated into two elements. The first was a free-ranging survey, which ran between the 25th July until the 31st August 2022; and the second was a fixed-site survey at specific “honey-pot” locations across the Forest, conducted on the August Bank Holiday.

The results of both studies will be published shortly but, in the meantime, I wanted to share a snapshot of some of the breaches reported to us from the initial, free-ranging survey. These demonstrate not only the activities that threaten the special qualities of the New Forest but also reveal some harmful attitudes towards its landscape, commonable livestock, and wildlife.

Around 100 volunteers submitted records to us, and between them they recorded over 5,000 individual incidents that were either breaches of the byelaws or were other activities likely to be harmful to the Forest. The most frequently reported incidents were:

  • Ubiquitous dog waste and litter (with over 1,000 individual items recorded for each)
  • Widespread cycling off the cycle network (over 700 instances)
  • Prevalent petting or feeding of ponies and donkeys
  • Uncontrolled verge parking.

Of significant interest, are reports of technologically assisted activities that are now widespread and were either not envisaged when the current Forestry Commission Byelaws became a Statutory Instrument in 1982 or have increased considerably since then not withstanding their prohibition . These include the use of e-bikes, drones, metal detectors, and paragliders.  Indeed, the advance of bicycle headlamps in recent years, for instance, has meant that night-time cycling is now much easier than it was back in the 1980s, and consequently night-time cyclists were recorded during our Byelaw Breach Survey.

Other worrying observations were of the use of disposable BBQs and discovery of campfires, which occurred during a period of prolonged and severe drought. High profile media campaigns about the dangers of wildfires are either not cutting through or are simply being ignored. Although not as widespread as other bylaw breaches, every instance that involves a disposable BBQ or campfire on the open Forest represents a potential catastrophe of unimaginable proportions to the landscape, commonable livestock, and wildlife.

Our volunteer recorders also provided a worrying description of activities, behaviours, and attitudes, occurring across the Forest, which included instances of aggression, such as:

  • birds, deer, and livestock being chased by out-of-control dogs; and,
  • a pony being physically struck because it was stood in the road

It was also worrying to discover that some volunteers who attempted to engage with cyclists they met off the cycle network were, at best, simply ignored, while others experienced hostile responses such as,

  • ‘the forest is big enough for everyone’
  • ‘I’ve lived here all my life’
  • ‘I won’t get caught’

One unfortunate volunteer even reported to being verbally abused.

(Similar aggressive responses from the owners of dogs that were out-of-control were also recorded.)

Of course, the problem is that most people committing breaches in the byelaws do not accept that they are doing any harm; and because of this they accept no responsibility – particularly if they’ve always done it or seen other people do it.

If we want to change the attitudes of these people, we have to change their behaviours. The Friends of the New Forest would, therefore, encourage that the statutory bodies take further steps to educate the public on the importance of preserving this precious landscape and, importantly, to follow this up with rigorous enforcement of breaches in the byelaws.

While one of the off-track cyclists asserted that the “Forest is big enough for everyone”, we would argue that it is actually an important ecological habitat and heritage landscape under ever increasing pressure, and any steps to safeguard it, including enforcing the byelaws as part of the overall management strategy, are long over-due.

Dr Gale Pettifer – Vice Chair: Friends of the New Forest

 

 

 

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Update On Byelaw Watch 2022

By on 25/08/2022 in News

With just under one week to go of the August Free Range Byelaw Watch here is a quick update of the outcome up to 15th August 2022. We have received 180 responses by 65 or so volunteers reporting multiple breaches of the byelaws. Some of the themes emerging include:

Off road cycling on the Open Forest is widespread even with reports of cycling at night!
Verge parking is common in particular locations
Litter – some of a really worrying nature – and dog faeces are everywhere. 100 instances of dog waste were recorded by one observer within 300 metres of one car park.
Other notable instances include fishing and swimming, a burnt out car and evidence of campfires, and a pony being hit to move it off the road

Full results will be available when we have had time to look at and assess the data after the end of the Watch, but in the meantime do keep an eye out for Byelaw Breaches until the end of the watch on 31st August.

We have a simple online form to use with details of the Byelaws causing the most concern. The form can be accessed and completed online using your smart phone, tablet or computer using this link:
BYELAWS WATCH FORM

The Static Byelaw Watch is ready to go at popular locations around the Forest on Bank Holiday Monday thanks to our volunteers – no doubt they would welcome back up if you are free!
To volunteer to help with this please contact:
secretary.fonf@gmail.com

The raw data from these surveys will only be accessible to Council Members of the Friends of the New Forest and will be compliant with GDPR requirements, and only appropriately anonymised and aggregated data and photos will be provided to the New Forest authorities and released to the public.

Thank you in advance for taking part in the Byelaw Watch 2022. Your participation is vitally important to inform the future protection of the New Forest.

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Byelaws Watch Survey 2022

By on 26/07/2022 in News

CALL FOR VOLUNTEERS

The New Forest is in theory protected by byelaws that aim to conserve the Forest, preserve its tranquillity, and regulate recreational use – the Forestry Commission, the National Trust and the Verderers all issue and can enforce byelaws. Yet with an increase in those visiting the Forest, it is clear that few know what they say and unfortunately, they are often overlooked or ignored.

In October 2021 the Friends of the New Forest conducted a pilot survey that recorded almost 3,000 breaches of the Byelaws – and we know that is an under-recording!

This pilot has already provided useful independent evidence to highlight the importance of byelaws and has attracted both local and national press attention, but more independent evidence is needed to raise awareness of the byelaws and support effective measures to protect the Forest against those activities causing most concern.

WE NEED YOUR HELP to repeat the Byelaw Watch this summer

Concentrating on the Forestry Commission byelaws, we need volunteers willing to record the byelaw breaches they observe in two ways.

You can participate by:

Free-Range Recording – when you are about and about in the Forest – perhaps walking, bird watching, or horse riding – record the breaches you observe.

We have a simple online form to use with details of the Byelaws causing the most concern. The form can be accessed and completed online using your smart phone, tablet or computer using this link:
BYELAWS WATCH FORM

The survey may be completed on any date between 26th July and 31st August 2022. You may submit as many forms as you wish.
If you find it easier, you can print out this short PAPER BYELAWS WATCH FORM form to record what you see and then either send this to us or submit the results using the online form when you get home. All you need to do is record what you have seen and submit it to us, we will do the rest.

AND/OR by:

Fixed Site Recording – sit for an hour or so at popular sites in the Forest over the Bank Holiday weekend and record the breaches you observe. The number of sites we survey will depend on the number of volunteers but will include places like Boltons Bench and Bolderwood.

This survey will run in increments of one hour between 9.00am and 5.00pm
To take part in this survey please email your name to: secretary.fonf@gmail.com
and we will send you more information

The raw data from these surveys will only be accessible to Council Members of the Friends of the New Forest and will be compliant with GDPR requirements, and only appropriately anonymised and aggregated data and photos will be provided to the New Forest authorities and released to the public.

Thank you in advance for taking part in the Byelaw Watch 2022. Your participation is vitally important to inform the future protection of the New Forest.

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Damaging and Illegal Activities Revealed in the New Forest

By on 06/01/2022 in News
  • 1,100 reports of litter and dog mess
  • 550 reports of cyclists away from designated tracks
  • 500+ reports of cars parked on open forest verges away from car parks
  • 50 reports of livestock being chased and/or attacked by dogs
  • 150 reports of livestock being fed by the public
  • 140 reports of cars blocking access to the open forest
  • Multiple reports of drone flying, wild camping, open fires/BBQs, fly-tipping, and the picking of large quantities of fungi

A survey co-ordinated by Friends of the New Forest has highlighted a lack of understanding and enforcement of New Forest byelaws, and a prevalence of damaging and illegal activities that are harming the special qualities of the New Forest.

The ‘New Forest Byelaw Watch’ was launched by FoNF with the aim of raising awareness of Forest byelaws and generating independent data on byelaw breaches. During a six-week period in autumn 2021, over 2,700 breaches were recorded by FoNF members and volunteers within the National Park, with observers on average noting about 11 individual breaches per visit.

The detailed results indicate that litter and dog mess are ubiquitous across much of the forest, with a combined total of nearly 1,100 reports and highest abundance around popular car parks and along roadsides. There were also 550 reports of cyclists away from designated tracks, and over 500 reports of cars parked on verges away from designated car parks.

Of particular concern were 50 reports of livestock being chased and/or attacked by dogs, suggesting this illegal activity is far commoner than official reports would suggest. There were also 150 reports of livestock being fed by the public, and nearly 140 reports of cars blocking access to the open forest. Other infringements recorded on multiple occasions included drone flying, wild camping, open fires/BBQs, fly-tipping, and the picking of large quantities of fungi. About three-quarters of recorded breaches were on the Crown lands, which cover roughly half of the National Park and are managed by Forestry England. However, a Freedom of Information request to Forestry England by FoNF confirmed that there have been no formal investigations or prosecutions of byelaw breaches since at least 2015 (see here).

“We are grateful to everyone who contributed data to this initiative. The results are startling and show that current forest initiatives focussed on educational activities and volunteering alone are insufficient to protect the forest from harm, and that we urgently require updated byelaws that are appropriately promoted and enforced by the forest authorities.”

John Ward, Chairman

This latest survey follows a detailed report produced by the FoNF and provided to Forestry England last year that documents the various impacts of recreational activities on the special qualities of the New Forest, including internationally protected habitats and species.

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2021 New Forest Byelaw Watch

By on 18/09/2021 in News

The 2022 Byelaw Watch is HERE

The New Forest is in theory protected by byelaws that aim to conserve the forest, preserve its tranquillity, and regulate recreational use. However, the increase in local recreational pressure associated with COVID-19 travel restrictions has highlighted issues around limited public awareness of the byelaws and a general lack of enforcement by the appropriate authorities; this is not a new problem, but it is generating increased concern amongst the local community.

Last year the Friends of the New Forest produced a  Report highlighting the various negative impacts caused by recreational activities on the Special Qualities of the New Forest and provided this to the relevant forest authorities to inform future management action. Unfortunately, although we recognise that most forest users do behave responsibly, the actions of a minority (who deliberately or unwittingly breach the relevant byelaws or guidance) are unfortunately continuing to contribute to some of the impacts outlined in our report.

It is also clear that the byelaws that cover the largest areas of the New Forest, specifically the Forestry Commission byelaws (established 1982) and the National Trust byelaws (established 1965) urgently require updating and/or clarifying to take account of the evolving nature of recreational activities; pertinent local examples include the increased use of drones, paramotors, e-bikes, and e-scooters in and around the New Forest in recent years.

The Friends of the New Forest have therefore launched New Forest Byelaw Watch to 1) help promote local New Forest byelaws, guidance, and the New Forest Code, and 2) generate independent data highlighting which recreational and/or commercial activities are of most concern. We are asking forest users to complete a simple recording form between 15 Sept and 31 Oct 2021 and will use the results to inform the relevant authorities of particular ‘hotspots’ of damaging activity, and areas where increased enforcement and/or clarification of existing byelaws may be required; we also welcome any photos showing evidence of negative impacts of recreational activities.

The recording form can be accessed and completed online or downloaded in pdf and doc format from the links below; Forms can be completed and returned digitally on a smartphone or tablet or printed for use in the field and photographed or scanned for return by email. Although we prefer digital submission, we can also accept postal contributions at the address below.
Online Survey Form
Download Survey Form (.pdf version)
Download Survey Form (.doc Version)
The raw data will only be accessible to Council Members of the Friends of the New Forest and will be compliant with GDPR requirements, and only appropriately anonymised and aggregated data and photos will be provided to the forest authorities and released to the public.

Thanks in advance for taking part in New Forest Byelaw Watch and helping to inform the future protection of the New Forest.

Sarah Nield (FoNF Secretary)
Green Oaks
Wilverley Road
Brockenhurst
SO42 7SP

A summary infographic of the New Forest Code is provided below,
and links to the full Forestry England and National Trust byelaws are below that:

Forestry England byelaws

National Trust byelaws

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Presentment: Recreation Events at Night

By on 15/11/2017 in Habitat


Last month the Commoners Defence Association noted problems with the planned 2nd December, Hampshire Maverick Silva Dark Series trail running event.  It is in early evening, but in hours of full darkness (starts an hour after sundown, and a quarter hour after end of twilight). It is sponsored by a headlamp manufacturer promoting a range of LED headlamps that emit 250 lumens over 65 metres [1] (The top of their current range outputs 1500-2000 lumens over 175 metres! [2]).

The nocturnal disturbance of both livestock (as noted by the CDA) and wildlife by a mass event on the Forest, alone, is of concern, but use of high powered LEDs will greatly compound that disturbance. The NFA object to the event as an inappropriate precedent for both reasons. This is, as well, a fundamental conflict with all aspirations to maintain tranquility within the Forest and night-time dark skies above it.

Research on light disturbance has shown bats, amphibians and plants affected by relatively low levels of light. The route comes as close to the A337 as 1500 metres, which could prove fatal to motorists if easily spooked deer bolt towards the road.

This event, if held in daytime, or more appropriately off the SSSI, would be relatively benign [3]. The Forestry Commission have clearly worked hard to mitigate a bad situation created by the event’s organizers, and their permission [4] explicitly states that this is a one-off and that “any future night time events would need to be run at other venues off the New Forest” suggesting Moors Valley as an alternative. Head torches are restricted to Max 250 lumens, max beam length 50m, and must be angled downwards.

A FC spokesperson informed me that the permission would not have been granted if the event were a later time in the evening, or if it was outside the short window of hibernation for many local species. Unfortunately, nature isn’t that simple. At least 11 bat species have been recorded in the route area, including some of the most light-averse. All these bats move in and out of hibernation November to March, rousing to feed when the weather is mild, with early evening as their peak time in winter [5].

The media have lost all the nuances: the route restricted to the gravel tracks in Inclosures (from original plan on open forest), limitations on lighting, and that the FC regard this as a one-off.  The reporting has oversimplified the FC assessment to suggest it “poses no negative impact on the SSSI”. A hard to support statement, which without the context of the prescribed restrictions, sends an erroneous, dangerous message.

This official FC permission will beget the expectation for more large scale after dark events, from the public unaware of even minimal limitations which should be observed, and encourage greater after dark usage both organized and unorganized, at even more damaging times of the year. Creating new unprecedented levels of disturbance on protected habitat at a time where there would be little or none is simply unacceptable.

The NFA hope the Verderers will join us in asking the Forestry Commission, and those who would sensibly enjoy the Forest, to let it, in the name of tranquillity, the livestock, and the wildlife, have a well deserved rest.

Annotations below refer to the bracketed numbers in bold above [n]….

[1] The event offers participants free test use of their previous slightly weaker range (170 lumens over 50 metres), which they no longer produce. The route starts and ends at Foxlease, goes through Clayhill and deep into Denny Wood, Parkhill and Standing Hat inclosures.
[2] That’s roughly the same as a single standard H1 Car head lamp on main beam. 12 Runners with the highest permitted beams will emit approximately as much light as a single car.
[3] …presuming it is well run, safe and considerate to other Forest users, and tidies up after itself.
[4] The Permission includes the following non-boiler plate requirements:

  • “Competitors will be restricted to using head torches with Led bulbs, Max lumens 250, max beam length 50m. All torches must be angled down. Marshals must keep lighting to a minimum as well as per runners.”
  •  “The permit is for this event only please note any future night time events would need to be run at other venues off the New Forest – we will look to offer Moors Valley as an alternative.”
  • “The route as agreed…. It is vital to keep to the tracks and paths as details on the maps provided.”
  • “All gates must be manned to prevent ponies and cattle going through and to ensure that there is no access by vehicles. Gate must be closed after use.”
  • “All litter must be cleared up and signs removed by the following day at the latest.”

[5] from nearby Busketts Lawn there have been records of at least 5 species in late December.
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