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Public Spaces Protection Orders And The New Forest

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

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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Verderers Announcements & Decisions : Dogs, Brambles, Fees & New Verderers

This month’s announcements include the management and importance of brambles, controlling dogs in bird nesting season, pleas to not feed livestock, marking fees, and the appointments of the Forestry England and Natural England Verderers.

Newly Appointed Verderers – Mark Gammon & Clive Chatters

We are very pleased to welcome Mr Mark Gammon and Mr Clive Chatters to our Court today.

As announced by the Deputy Surveyor in July, Mr Gammon has been appointed by Forestry England as its representative on the Court. Today is, however, Mr Gammon’s first time in attendance. Mark is a retired senior Crown prosecutor who specialised in wildlife crime and animal cruelty offences. Previously he was a solicitor in private practice and he has a good understanding of enforcement. Mark has lived in the Forest for many years and he has a good working knowledge of local wildlife and conservation.

Mr Clive Chatters is Natural England’s newly appointed Verderer. Mr Chatters brings with him a wealth of knowledge and experience of conservation issues in the New Forest and beyond. He has a considerable understanding of the pressures arising from the need to balance the interests of agriculture, conservation, and recreation in the Forest.

We are confident both will prove to be a very valued member of the Court.

Dogs

Peter Roberts made a presentment in July, urging this Court to pressurise Forestry England into changing its bylaws so that dogs are only allowed on the Forest on short leads in the bird nesting season.

There is no doubt that ground nesting birds are under very significant pressure in the New Forest and indeed elsewhere. Loss of suitable habitat, predation and disturbance are the three key factors. All three need to be addressed satisfactorily to ensure that ground nesting birds such as curlew and lapwing can breed successfully.

Mr Roberts objects to the strapline of NFDog “on the Forest, off the lead”. However, it is right to point out that its website also says” Keep to the main tracks when birds are nesting on the ground (usually March to July)”.

The Verderers have been engaging constructively with NFDog for some time to support and encourage its work which seeks to ensure that all dog walkers exercise their dogs responsibly when on the Forest. That engagement continues and our discussions will focus on, amongst other things, the need to achieve maximum protection for ground nesting birds in the nesting season from disturbance by dogs.

The Verderers do not rule out the possibility of seeking a change in Forestry England bylaws at a future date.

Brambles

Concern was expressed by Mary Gray about the extent of brambles on the open Forest. The Verderers agree that bramble needs to be managed on the Open Forest especially where it encroaches on valuable grazing. I understand that Forestry England manage brambles and will continue to do so. Browsing by deer and commoners’ livestock contributes to that management. It may be of interest to those present to know that there are many species of bramble in the Open Forest which straddles two of the richest regional bramble floras in Britain with its heathland and pasture woodland soils.

Marking Fees For 2023

After much debate and discussion in Committee, we regret that marking fees for 2023 will have to increase.

The marking fee for ponies, cattle and donkeys on the Forest

will be increased by £2.00 to £26.00 per head.

The Common rate of marking fee, for those commoners whose animals qualify, will be £13.00 per head for ponies and donkeys and £3.25 per head for cattle, which is 1/8th of the Forest fee.

Marking fees for sheep also increase by £2.00 per head. Sheep on the Forest will therefore be £10.00 per head and on the Commons, it will be £5.00 per head.

The marking fees for pigs remain unchanged. On the Forest they are £4.00 per head and on the commons £2.00 per head.

Announcements shared with kind permission of the Verderers.
This month’s other announcement regarding Cycling is  on this link.
Image notes: Mark Gammon’s WWF Lifetime Achievement Award for his work on wildlife crimes for the Crown Prosecution Service from the 2021 Wildlife Crime Enforcers Conference,  Bramble image excerpted from : 2005-07-05 Renardeau (licensed under the Creative Commons Attribution-Share Alike 2.0 Generic), the cover of “Heathland” by Clive Chatters (one of his two current volumes for the Bloomsbury Wildlife imprint); Clive is currently Chair of the Habitat and Landscape Committee of the Friends of the New Forest.  Other image elements and collage by Brian Tarnoff.
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Tender for the operator of New Forest campsites: Our Letter to Forestry England

We were greatly heartened by the news that Forestry England and Forestry and Land Scotland had purchased Camping in the Forest (CiTF) from The Camping and Caravanning Club, because this seemed to present a great opportunity to review campsites in the New Forest with a fresh start in their management.

However, with the publication of tender documents for campsite management the Friends of the New Forest are now gravely concerned that the process of appointment of an operator of campsites on the Crown Land is failing to have proper regard to the particular circumstances of the Forest. We have made our concerns known to the Chief Executive of Forestry England and to the Deputy Surveyor in the New Forest in the letter reprinted below.

CHAIRMAN reply to:
22nd June 2022

Mike Seddon
Chief Executive
Forestry England
620 Bristol Business Park
Coldharbour Lane
Bristol
BS16 1EJ

John Ward

[ADDRESS SUPPLIED]
chair@friendsofthenewforest.org

 

Dear Mr Seddon

Tender for the operator of New Forest campsites

We were greatly heartened by the news that Forestry England and Forestry and Land Scotland had purchased Camping in the Forest (CiTF) from The Camping and Caravanning Club, because this seemed to present a great opportunity to review campsites in the New Forest with a fresh start in their management. Likewise, Craig Harrison, Deputy Surveyor, commented, “Taking greater control of these [campsites]will allow us to continue to offer this experience and support local businesses, whilst working more closely with our local partners to plan and develop their future”; and the New Forest National Park Authority expressed the view that, “A number of these sites are located in environmentally sensitive areas and longer term, we are keen to explore with Forestry England and partner organisations whether some of these pitches could be relocated to less sensitive areas.”

However, with the publication of tender documents for campsite management the Friends of the New Forest are now gravely concerned that the process of appointment of an operator of campsites on the Crown Land is failing to have proper regard of the particular circumstances of the Forest. We question whether the proposed terms of a lease are lawful, we are certain that the process is inappropriate. There is a risk that a future operator of campsites will compound existing harms to the Forest and will find themselves in conflict with those concerned with the conservation of the Forest. We therefore request that Forest Enterprise suspend the current process of appointment and take time to work with partners to review their strategy for camping in the Forest.

Our broad areas of concern are set out below.

We question whether Forestry England, on behalf of the Secretary of State, has the lawful authority to enter into a lease with campsite operators as set out in the draft Heads of Terms. Our understanding of the tenure of the Secretary of State in the New Forest is that it is insufficient to enter into such agreements.

We had expected to see any arrangement with campsite operators being fully compliant with the laws and legislation governing the New Forest, particularly incorporating the role of the Court of Verderers and the rights of Commoners. This absence infers that Forestry England do not properly appreciate those roles and rights.

We are alarmed at specific provisions in the Heads of Terms, notably those relating to provisions for ‘year-round’ camping (rather than the limited open season in the New Forest) and provisions for removing a percentage of trees each year from the campsite without any reference to aesthetic and nature conservation obligations. Furthermore, we regret that the Heads of Terms do not set out a campsite operator’s obligations to deliver the statutory and policy commitments of Forestry England arising from designations, nor advise prospective campsite operators that they will become an ‘occupier’ of the designated sites and therefore will be regulated by the relevant authorities.

Consequently, we are concerned that the documentation accompanying the Heads of Terms fails to clearly advise prospective campsite operators of obligations arising from the status of the New Forest as a National Park, a Site of Special Scientific Interest, a Natura 2000 site (both a Special Area of Conservation and a Special Protection Area) and a site designated under the Ramsar Convention. In the past, Forestry England have recognised some of their obligations to these designations, not least in their signing the 2001 Special Area of Conservation (SAC) Management Plan together with the agreement of 1995 that the Crown Lands will be managed as if they were a National Nature Reserve.

Over twenty years have passed since the Forestry Commission recognised the need for closure of selected campsites due to the damage they have done to the internationally important habitats of the New Forest. Not only have those closures not happened but other remedial works agreed with Natural England have not been delivered, nor have the baseline surveys and monitoring of the condition of campsites been delivered. The Friends of the New Forest sought to assist the establishment of baseline surveys through our report of 2004, unfortunately Forestry England have not adopted this methodology on other sites, nor have they used our work as a baseline for monitoring. In the meantime, we have experienced a continual deterioration in the condition of campsites, with decades more attrition to their character.

Since the signing of the 2001 SAC Management Plan, the New Forest has been declared a National Park, with its own statutory obligations relating to the aesthetics and special qualities of the landscape. With National Park status comes the Sandford Principle, setting out the pre-eminence of the conservation of the Special Qualities of the National Park. We regret that this principle is not reflected in Forestry England’s appointment process.

Fifty years ago removing unfettered camping on the New Forest was a bold and essential move, although establishing some designated campsites on the open Forest perpetuated problems of conflict including with semi-feral roaming stock. And much has changed in half a century, not least a rising appreciation of environmental issues, the biodiversity crisis and our understanding of the harmful impacts arising from poor locational or management decisions for some aspects of recreation in a fragile landscape. Now could be an opportunity to review historical decisions in that context – it should not be lost. We remain committed to participating in planning a fresh start with camping and working with whoever becomes the operator in the New Forest.

Yours sincerely

 

John Ward

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Presentment: New Forest Crown Freehold Properties

Here we welcome a guest post from Dr Tony Hockley, Chairman of the New Forest Commoners Defence Association, who gave this Presentment in this month’s Verderers Court.

I would like to begin with a quotation from the only person I have yet encountered with 100% confidence in their own knowledge of this landscape:

“It is not the flowers, not the birds or the deer or the badgers or the butterflies that are in most urgent need of conservation here but the people, the real people of this place.” *

Chris Packham’s wise words are deeply relevant to what I have to say.

It is now more than two years after I succeeded Dr Ferris as Chair of the CDA. Since then nothing has caused me greater and more consistent concern than the challenge of ensuring that there will be affordable land and homes available for the next generation of commoners – in Britain’s least affordable National Park ** .

We are fortunate that we have a keen and active young commoners group in the CDA. Young people who are willing to commit their lives to sustaining the grazing of the New Forest – An incredible vocational commitment, amongst all the other pressures of modern life, upon which everything that is so special about this landscape depends.

In 1991, after a thorough review of the challenges and all options to sustain grazing, the Secretary of State determined that the 65 Crown holdings should be prioritised for those who would commit to New Forest grazing, and that they should be kept truly affordable to them. Since the time of the Illingworth Report these holdings have enabled families with a long history of commoning to maintain the practice, from one generation to the next. We all benefit from their love of the New Forest, their deep knowledge of the livestock and the landscape, and their lifelong commitment to commoning. The Crown holdings have been crucial in this.

In 2016 all that changed – on a whim. The Forestry Commission simply decided that market rents would help fill the coffers: To cash in on property values in Britain’s most expensive and least affordable National Park. In 2017 Sir Desmond Swayne prompted ministers to remind the Commission that such a change of policy would require a formal and inclusive review, and a decision by ministers. Since then we have caught the Commission advertising cottages to the highest bidder, with no mention of grazing, and allocating them to its own managers however it sees fit.

Forestry England is now attempting to entrap this Court in its disgraceful strategy of privatisation by stealth. By selecting just one small part of the Government policy, for one cottage at New Park; this is the involvement of Verderers in tenant selection. Clearly, it hopes that the Court will not notice:

  1. Every other holding has been auctioned or allocated to staff. With no consultation with this Court: Powdermill, Kings Hat, Longbeech, Springfield.
  2. The rent for Little New Park has been fixed at more than 100% of many young commoners’ household income. Not the 15% stipulated by Government. With no consultation with this Court.
  3. An arbitrary qualification has been set, that at least 10 ponies will be turned out from Little New Park’s 1.3 acres of back-up land. With no consultation with this Court
  4. It has separated the barn from the property: Again with no consultation with this Court.
  5. For Little New Park it is demanding income statements from anyone interested, to check they can afford £18,000 a year in rent alone and to deter all those commoners who cannot.

Tenant selection is, therefore, just a trap that the Court would be wise to avoid. This is simply a diversion along the route to effective privatisation of the Crown freeholds; removing them from support for commoning.

This open defiance of government policy for Crown property is shameful from a public body. It not only defies policies that have worked well to sustain Forest grazing over a quarter century. It also defies the Ministers Mandate to the Commission; that it should put the Forest first, ahead of its corporate financial interests. And it defies the 2018 Accord with National Parks England. I am very sorry to say that we no longer have confidence in the Deputy Surveyor to put the Forest first in this regard.

This is a matter of the utmost gravity for the future of commoning in the New Forest. We have tried for three years to work with the Forestry Commission – willing to discuss update the Illingworth policies, but their ears are deaf to the voice of the Forest. They will push on regardless of all due process. Standing idly by whilst Forestry England misappropriates these Crown properties, so that tenancy is a matter of income rather than the good of the Forest, will have lasting consequences for the conservation of this precious landscape. We are very grateful to the Friends of the New Forest for their support.

I have written to the Secretary of State to ask him to put a stop to this disgraceful episode. I would urge the Court and the National Park Authority to do likewise.

Dr Tony Hockley is a Practicing Commoner and Chairman of the New Forest Commoners Defence Association. This has been shared with his express permission, and represents the view of the CDA.

The Friends of the New Forest fully support this position, and have and will continue to stress the importance of all initiatives to maintain affordable housing stock for practicing commoners which is essential to commoning’s continuing service to the Forest.

The CDA Blog post detailing more of the history including the Illingworth report may be read here.

* Chris Packham, Foreword to Clive Chatters “Flowers of the New Forest” WildGuides (2009), p9
** Average property values within the National Park boundary are now 15.9 times average local income.

 

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Presentment: Don’t Feed Our Ponies

Presenting a guest blog from Wednesday’s Verderers Court, a Presentment from Kathy Clarke on the consequences of visitors feeding or petting New Forest livestock.

I have recently removed a pony of mine from the Forest because she has developed a habit of searching out people who look likely to be carrying food & chasing them. She used to be a very gentle well-behaved pony.

The pony is a very good doer (even without being fed sandwiches!). She was bred for the forest, is successful at living on the forest and it is not her fault that she has learned bad behaviour due to people feeding her (and breaking forest bye-laws).
I take the safety of the public seriously & have taken my pony home to prevent any more problems. I will now have to try to relocate this pony to a different part of the Forest, away from popular tourist areas but also away from what is her home. I plan to keep her at home with my young stallion for a while, to give her a chance to hopefully unlearn this behaviour.

I’d like to make the point that it is increasingly difficult to run stock on the forest because visitor numbers have increased so much. The public need to know that by feeding & petting the animals they are destroying the environment that they come to enjoy. I have seen people actually sitting their children on Forest ponies!

They also need to know that in instances like this, visitors are actually condemning ponies to a very uncertain future – if this pony was not of prime breeding age & a particularly good specimen, I would seriously consider having her euthanised or taking her to Beaulieu Road where, with a forest ban, she would likely be sold for meat.

I am grateful for the efforts of fellow commoners & others who spend time trying to educate visitors about these issues but feel that without a higher profile & enforcement of the existing bye-laws this problem will get much worse.

We thank Kathy for permission to share this presentment to the Verderers. It really shows the burden that the commoners running Forest livestock face, and the peril their ponies are put in by those who may be well meaning, ignorant, or thoughtless.
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Presentment: Ashurst Hospital Site

1909 Map including the layout of the Ashurst Workhouse

 

We welcome a guest post from our former chair, Peter Roberts, who gave this Presentment in this month’s Verderers Court.

Ashurst workhouse from the west c.1907.

My name is Peter Roberts. I am a former Verderer and a former resident of Ashurst.

Yesterday the National Park Authority published their Plan Amendments which includes the use of of land at Ashurst for housing. This land is the former Workhouse Site, which was taken from the open Forest in 1836. When the grant for the land was made there was a specific reservation that in the event of the workhouse no longer being required it should revert to the Forest. Seven acres of the site were returned to the Forest in 1988, thanks mainly to the work of the late Verderer David Stagg.

The remaining land is commonable land from which the common rights have never been removed. It should be returned to the open Forest for grazing for the commoners stock. I implore you to object most strongly to the National Park Proposed Main Modifications and work towards returning this land to the rightful users.


1836 Site Plan

Notes:
The grant was made on 31st December 1836 and may be found in the Wood Lease Books now held by the Forestry Commission in Queen’s House (Vol 4 pp 279-285). The original is at Kew: NRA ‘Grants of land for Workhouse 1836-1915’, F10/52 4079/1.

We thank Peter for permission to share this Presentment, and his notes.  For the 150th Anniversary of the New Forest Association (aka Friends of the New Forest) he wrote our history in Saving the New Forest.

At last month’s court, in a short, off the cuff, two sentence presentment, one of our trustees similarly urged the Verderers to assert the Forest’s rights to the land in question. Our planning committee had made a representation to the New Forest National Park Local Plan Inspectors regarding the site.  Notes from both Peter Roberts and Richard Reeves regarding the site were shared privately with the Verderers at that time.

New Forest Local Plan Modifications are open to consultation until 31st May 2019.  More information, including the additional Ashurst Workhouse allocation, which does NOT recognize nor even mentions the Forest rights of the portion not returned to the Forest, may be found here.

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Chris Packham Pushes For Unicorn Rewilding in the New Forest

Unicorn in Puckpitts Inclosure drift pound circa 1700.

This article originally appeared in the 1st April, 2019 edition of the Lymington Tomes / Miltonian Adverteaser and is reprinted without any regard to their permission.

Miltonian Adverteaser / Lymington Tomes correspondent Olivia Narwhall.

Celebrity naturalist, and tadpole tapas enthusiast, Chris Packham has demanded that Natural England reintroduce unicorns to the New Forest.

“We are living at a time when there is catastrophic species decline, loss of habitat, and still no definitive method for eating Cadbury’s Creme Eggs and although I can find no correlation between those problems and the absence of unicorns, I feel this is a solution that will really work.

“Unlike the marauding ponies which have turned the Forest into a hellscape which SSSI * condition Natural England have rated as 10% above average, the unicorn’s horns prevent them from browsing trees. The rainbows they emit will be a welcome additional benefit in climate change drought periods.

The Forestry Commission was sympathetic, “our attempt to breed Gruffalo at Bolderwood did not go well, and could have made us elf-shelve our literary mission to fictionalize 20% of the Crown Lands by 2022. Many members of the public support this unfounded reintroduction because unicorns are ‘Shiny!’.

Official Verderer, and syndicated advice columnist, Lord Willie Manners expressed concerns over DEFRA’s handling of the issue. “At this time we have little confidence that DEFRA could resolve the unicorn subsidy post-Brexit, although they have submitted one proposal by tapestry. Also, despite having the requisite stature, our Head Agister is unwilling to undergo species reassignment to become a Centaur.”

Commoners Defence Association head, Tony Hockley, who once successfully talked a leprechaun out of his gold, “Packham continues to undervalue the contribution that Commoning makes to the Forest. He has made similar claims before. In 2008 he suggested overgrazing was responsible for the disappearance of faerie rings, that was shown to be commercial fungi foragers, in 2016 incidents blamed on ponies of barking of beech trees were traced to a donkey possessed by the conifer goddess Pitthea.

“On the other hand, the Commoning community is fully up to the challenge of Forest run unicorns, which will require its own set of breeding and stallion programmes and drifts. We can certainly see the promise of future Beaulieu Road sales with Fantastic Beasts.

Eleanor of Castille and Unicorn at Queen’s Bower, New Park circa 1340

Local historian who’s never been mistaken for a warlock, Richard Reeves, blames the media. “Those documentary makers kept goading me for a soundbite, I told them the Forest was ‘Magical’, townie middleclass idiots literally didn’t understand that was figurative.” Then, citing dozens of primary sources, including Borges , Richard regaled the room with a complete cryptozoology of the New Forest, which caused one of our reporter’s heads to explode with the rapid influx of information.

The Freshwater Habitats Trust has opposed “Unfortunately, the glitter unicorns produce, in the same ways cattle exude methane, degrades into microplastics which would sully the otherwise pristine waters of the New Forest Catchments.”

Friends of the New Forest Chair, John Ward sighed, “It is disappointing that this proposal seems slightly less mythical than the Park Authority’s Strategy for Recreation Management.”

New Forest Association Habitat Committee Chair, and man who continues talking 30 seconds after you stopped listening, Brian Tarnoff objected, “We are appalled that this should be a priority when New Forest District Council are in the process of destroying the green belt, which will harm biodiverse network connectivity, this will deter visitors such as the Pegasus on its migration between Greece and Iceland. §” He then outlined the generational crisis which will be caused by the NFDC Local Plan, but we thought that unimportant to our vital stoking of this celebrity unicorn controversy.

Ministry of Magic Appointed Verderer Anthony Pasmore, hastily shuffling parchment maps of leylines between New Forest barrows, tumuli and boiling mounds to the bottom of the pile, called the move “too little, too late! There was a time when visitor numbers were kept in check by simple warding spells and the Forestry Commission’s Werewolf Keepers. The disturbance by dog walkers, spread of monkshood, decline in leeches and ban on newt harvest have put paid to those hallowed traditions.”

“A few impalings might also warn off detectorists, once they learn how sensitive unicorns are about ancient monuments.” Pasmore added with a wry, withering look.

Brockenhurst resident, Observer Film Critic, and ex-member of The Railtown Bottlers, Mark Kermode, who often refers to the New Forest as “Narnia”, did not comment, but cryptically offered greetings to Lucius Malfoy.

In other news: Worshippers erect Pylon Sized Wicker Man at Hale Purlieu and invite a National Grid representative to assist search for missing schoolgirl. National Park one step closer to creating Green Halo after radiation leak. ABP Withdraw Application For Deep Water Port at Dibden Bay, submit Plan for Affordable Housing For Mer-people in its place. Man engaged in recreational activity on the Forest annoys other people doing other recreational activities on Forest. Film at 11.

Whilst the provenance of this article is without question at the time of its original publication, doubt may be cast on its validity when the noonday gun has sounded.

UPDATE (12 am 1st April) : This just in, Science says unicorns don’t exist, so apparently this article has been the act of a fabulist, and just in time for the closing of the HLS (High Level Sorcery) scheme.  Thanks to all those who have been good sports, and hope we’ve not spawned any basilisks.  Those responsible have not been sacked, but those who were responsible for sacking those responsible have been sacked.

Here’s a taste of last year’s silliness, a report on leaked plans for the Recreation Management Strategy.

* SSSI — Site of Special Speculative Imagination
Manual de zoología fantástica (later El libro de los seres imaginarios, Book of Imaginary Beings), Jorge Luis Borges with Margarita Guerrero, Fondo de Cultura Económica (1957); Dutton (1969)
Literally. Richard still refuses to pay the dry cleaning bill.
§ Olympus, Greece to Eyjafjallajökull, Iceland, often stopping en route to chat to The Bisterne Dragon at Burley Beacon.

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Rewilding The New Forest?

Sir Charles Burrell, Diana Westerhoff, Debbie Tann and Oliver Crosthwaite-Eyre

The growl of a large grizzly bear filled the hall at Lyndhurst Community Centre and the audience of two hundred people gasped. As curtains drew back and they were confronted with a huge picture of the bear, they listened attentively to Sir Charles Burrell’s description of his pioneering rewilding project at his family estate, Knepp, in West Sussex. At the event organised by the Friends of the New Forest, Sir Charles explained that rewilding is not currently about bringing back such major predators as we don’t have the right eco-systems. He showed how Britain has only tiny pockets of true ‘nature’, and we need to care for these but also need more, bigger, better and more joined-up areas if we are to have a real impact on nature conservation.

Sir Charles went on to describe how over a period of six years, the Knepp estate moved away from traditional arable and pastoral farming on what he said was very poor quality Wealden Clay land, whose production capacity was falling short of national averages. He divided the estate into three main areas, which were treated differently. In the southern block, formerly mainly arable land, field hedges were removed, and the land was stocked with Tamworth pigs, Old English Longhorn cattle and Exmoor ponies, while three species of deer soon made themselves at home.  Scrub developed quickly, though each former field responded differently.

The middle block where the old Knepp Castle had been was believed to be a cultural landscape, a park with a large hammer pond designed by Repton. It was re-seeded with grass and wildflowers, which deterred an exuberant explosion of scrub. The resulting grassland is stocked with ponies, cattle and deer but no pigs.

The northern block had been farmed for dairy cattle, and was re-seeded with grasses but no wildflowers, and is now stocked just with cattle. The resulting open farmscape is slowly developing a little scrub. Sir Charles explained how he had been criticised for creating scrubland, and pointed out that pollen data from 6,000 years ago reveals that only one third of Britain was covered by woodland, contrary to the popular myth that a squirrel could once pass from tree to tree without touching the ground from Lands End to John O’Groats.

The Knepp project is steered by an advisory board of international experts from many relevant fields,. In order to have a more convenient term for a ‘long-term, minimum intervention, natural process-led area’, which although accurate would hardly inspire anyone,  ‘rewilding’ was adopted. This team looked at the UK’s extinct animals and selected proxies which would be appropriate, for example, cattle to replace aurochs. Sir Charles enthusiastically described how the animals seem to complement each other, and the new habitats have drawn in huge numbers and varieties of insects, birds and animals as well as plants, many more than when the estate was farmed traditionally. The estate employs a full-time ecologist to survey, monitor and record these. They have also found that their soil biodiversity and function have improved significantly.

Perhaps surprisingly Sir Charles then demonstrated how the changes have also benefitted the estate financially. Even excluding the tourism, camping and glamping activities which he has developed, the income from the farming side of the estate now well exceeds the national average by some 30%.

Sir Charles was then joined on the platform by Debbie Tann, Chief Executive of the Hampshire and Isle of Wight Wildlife Trust, and Diana Westerhoff, a Verderer, to answer questions from the floor. Debbie Tann said that she has visited Knepp and been most impressed by what the estate is doing. She said that wildlife in Britain is disappearing at an alarming rate and we need imagination and new bold thinking to put nature into recovery. She reported that the Trust is looking for opportunities in Hampshire and the Isle of Wight to create larger scale reserves and one or two ‘Knepps’.

Diana Westerhoff commented that while the New Forest is very different to Knepp, there have been some efforts at rewilding. The Forest Design Plan is resulting in restoration to traditional land use in some areas, while the wetland restoration programme is returning lost habitats to a favourable condition.

Oliver Crosthwaite Eyre, President of the Friends of the New Forest, noted that one of the six reasons for rewilding listed on the Knepp website was the revitalisation of communities, and wondered how this could be achieved where farms are smaller. To this question, Sir Charles responded with news of an upland farmer he had met at the Oxford farming conference. By changing his pattern of sheep farming including actually reducing stock numbers, and diversifying into holiday lets, he had managed to make his business much more sustainable.

In reply to a question about the impact of global warming on wildlife habitats, Debbie Tann agreed that there is some impact on habitats but possibly more on the food needed by wildlife. She gave the examples of a crash in insect numbers and changes in timing of bird migration having severe effects. Diana Westerhoff added an example of the falcon species, the hobby, declining in the Forest because of a decline in the numbers of house martins, a favoured food of their young. And Sir Charles gave his own example of cuckoos, which have returned to Knepp in good numbers. However they feed with swifts in sub-Saharan Africa, and if it doesn’t rain there for five weeks and there are no insects, they never arrive in Britain.

Another audience member proposed that people are increasingly intolerant of wild landscapes and incapable of being sensible round large herbivores, and wondered if rewilding as a concept would help. Maybe because visitors to Knepp understand they are visiting a ‘rewilded’ landscape, they are more respectful of the large grazing herbivores than visitors to the New Forest are with the free-roaming livestock. Sir Charles recalled a neighbouring farmer who runs educational visits finding that even young farmers could not name common trees, and he suggested that we need more nature education as part of the curriculum. Debbie Tann suggested that we need to rewild people and regretted that many children have never known the fun of running around in long grass.

Questioned about the complexities of environmental stewardship schemes, Sir Charles noted that the Rural Payments Agency uses Google satellite images to categorise landscape, resulting in confused and contradictory definitions which need to be sorted out soon. Diana Westerhoff reported that the Higher Level Stewardship scheme includes more or less all grazed land but the Rural Payments Agency excludes gorse as non-grazing land even though ponies happily eat it in winter.

Comparing the New Forest to Knepp, the next questioner noted that while Knepp has withdrawn from management, in the New Forest we manage both land and stock much more. Diana Westerhoff pointed out that the Forest starts from a very different position, resulting from biodiversity developed over thousands of years. It would be good to have other Knepps around the Forest but we could lose from emulating it in the Forest itself. Debbie Tann added that only 55% of Sites of Special Scientific Interest in the Forest are classified as in a ‘favourable’ condition, little better than  compared with 45% across the whole of Hampshire, and some extra wilding activity might be helpful to improve this. Sir Charles picked up the point of rewilding people and felt that this arises from inspirational things in the landscape – think beyond the box. What about bison?

Focusing on the Forest, it was suggested that the grazed areas of the forest do not enjoy the abundance of wildlife described at Knepp and the questioner asked what impact animal density has on this. Sir Charles felt that it was not necessary to worry about it. This is just a moment in time, and livestock numbers wax and wane over long periods. Diana Westerhoff endorsed this and added that even short-grazed turf may be home to species missing from other habitats. The woodlands are rich in insects like moths and in bats but we just don’t often see them.

Sir Charles was asked to explain the term ‘pop-up Knepps’ mentioned in his talk. He pointed out that farms and estates pass down the generations and landowners may not wish to tie the land forever to specific conservation designations like SSSIs. So a commitment to plan for 10 or 20 years would enable people to choose to return to conventional farming in the future. The Knepp estate has footpaths crossing it and Sir Charles was asked how he manages the public. He stated that longhorn cattle were useful in deterring people from straying from paths, but that dog-walkers were a problem for ground-nesting birds.  He suggested that good paths, routes, maps and signs were all needed.

Thinking again of the Forest, two questions raised the effect of grazing levels on the possible decline in wildlife and growth of new trees, issues welcomed by the audience with applause. Diana Westerhoff noted that studies on the impact of grazing on ground-nesting birds showed that it was hard to separate it from other factors like deer numbers, dog-walking, predators and climate change. But she commented that it was hard to control over-grazing. Tree regeneration is a long-term business and the Forest includes pasture woodland rather than dense canopy woodland.

At this point John Ward, Chairman of the Friends of the New Forest, said that he did not feel comfortable at being told we don’t have enough information so cannot take action, and asked the panel whether, nonetheless, it might be possible to divide the Forest into areas and exclude recreational access to part of it in order to test rewilding. Sir Charles responded positively, saying that the Forest is large enough to do this. Joking, he even suggested bringing back wolves to control the deer! But he felt that it was possible to amend stock intensity and deer density. He also pointed out the value of thorn bushes which protect young trees, quoting an ancient forestry saying: ‘the thorn is the mother of the oak’. An audience member added that a 400-year old oak only needs one seedling produced during its lifetime to replace itself.

The next question raised the issue of recreational pressure. Debbie Tann agreed that for the New Forest this is the greatest current problem. The words ‘National Park’ mislead the public, and some rewilding might make the nature and purpose of the Forest clearer. We need to be braver, for example in challenging plans for housing development, and local authorities should be providing alternative green space for recreation outside the Forest.

Finally Peter Roberts, previous Chairman of the Friends of the New Forest, enquired what would be the smallest area which could engage in rewilding, with the large estates around the Forest and the Forestry Commission in mind. Sir Charles gave examples of the area which a pig needs per week, because scale matters. The smaller the area, the more management you have to do. The bigger you get, the more you can sit back and leave it alone.

At the end of a stimulating and wide-ranging discussion, Oliver Crosthwaite Eyre thanked Sir Charles for his talk and admired his courage in rewilding Knepp, also thanking Debbie Tann and Diana Westerhoff for their contribution and finally urging the audience to join the Friends of the New Forest to support its fight for the Forest’s sustainable future.

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Verderers response to BBC Inside Out South

This is the Verderers of the New Forest Press Release in response to claims made on a segment of BBC’s Inside Out South aired on Monday, 28th January, 2019.

It is a great shame that Mr Packham declines to talk to the organisations which manage the New Forest. Some of his statements are, unfortunately, quite wrong. For example, he assumes that every animal for which the Verderers receive marking fees is actually turned out on the Forest for the entire year. We know that is not correct. Commoners generally turn their cattle out in summer but take them home for the winter. Some cattle are never turned out onto the forest.

Some ponies spend most of their lives on the Forest but others are also taken home for the winter. The animal population varies throughout the year.

An excellent indicator of the grazing pressure is the condition of stock. There has been no deterioration in the condition of the stock overall. The Verderers, through the Agisters, monitor the welfare of the stock closely. The Agisters report regularly to the Verderers on the condition of the stock out in the Forest. Any report to the Verderers’ Office of an animal in poor condition is promptly investigated by an Agister. Any animal found to be in poor condition is removed from the Forest.

The Verderers host two Welfare Tours every year which are attended by a number of organisations including the RSPCA, World Horse Welfare, the Donkey Sanctuary, British Horse Society, Blue Cross, Defra and Animal Health/Trading Standards in order that the condition of the stock can be independently monitored and assessed.

In 2016, a small number of ponies were found to be stripping trees of their bark in Mark Ash Wood. Other ponies in the area were not touching the trees. All the ponies in the area were in excellent condition. Ponies do sometimes eat woody material but it is not an indication of hunger. Because it can be a learnt behaviour, the animals responsible were identified and removed from the Forest. We and the Forestry Commission are continuing to monitor the situation.

Over the last eight years, the Verderers of the New Forest Higher Level Stewardship Scheme (a partnership between the Forestry Commission, the New Forest National Park Authority and the Verderers working with Natural England) has restored over 10 miles of drainage channels, which were artificially straightened by the Victorians The work has resulted in more natural wetland systems which help to support the unique biodiversity of the New Forest.

In 2017 the Wootton stream restoration was shortlisted for the Royal Town Planning Institute’s (RTPI) Awards for Planning Excellence award – the Natural Environment category. It’s a credit to the team and Mott MacDonald who were involved in the planning to restore Wootton Riverine back to its natural meandering route. It’s a truly collaborative project between many partner organisations, who are working towards conserving the New Forest’s unique natural environment.

The Forestry Commission burns about 250 hectares – which is only 2% of the total heathland area across the Crown lands. Even though this is a relatively small proportion of the heath, it ensures we have a healthy and vigorous range of heather heights and ages, which as well as providing diversity also provides us with effective firebreaks to protect large areas of heathland, woodland and private property from wildfire.

There are a number of very rare species in the New Forest whose very existence is due entirely to the hard grazing and the poaching by animals that occurs in some parts of the Forest.

The present high number of animals for which marking fees have been received is, we believe, due wholly to the present farming subsidy scheme. We hope the Basic Payment Scheme, which we do agree with Mr Packham, is not appropriate to the Forest, will change after BREXIT, and we are calling for a bespoke subsidy scheme for the New Forest run by the Verderers, the Forestry Commission and the National Park Authority with the invaluable input from Natural England. These are the organisations which, together with the commoners, have managed and protected the Forest and will continue to do so for many years to come.

The Forest is facing ever more pressures, especially from increasing recreational use. The best way to ensure its survival is for the organisations responsible for its management to continue to work in partnership. Those who disagree with their management should engage constructively with them.

30th January 2019

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