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Public Spaces Protection Orders And The New Forest

By Brian Tarnoff 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 2^nd 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

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

By Brian Tarnoff 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.

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

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 3^rd 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.

Byelaw Watch Report 2022

By johnward 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.

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

By Brian Tarnoff on 19/10/2022 in News

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.

Byelaws Watch Survey – Preliminary Findings

By johnward 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

Damaging and Illegal Activities Revealed in the New Forest

By johnward 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.

Presentment: Commercial Dog Walking

By GaleGould on 17/04/2019 in News

Our Vice Chair, Gale Gould made this Presentment at this month’s Verderers Court, clarifying our position about Professional Dog Walkers and Commercial Exploitation of the Forest.

The Verderers may or may not know that last week the Lymington Times published a correction to their previous article about Commercial Dog Walking Charter, which incorrectly reported the position of the Friends of the New Forest (New Forest Association).

For the avoidance of doubt the views of the Friends of the New Forest are similar to those that have been expressed by the Verderers.

Friends of the New Forest does not support the charter because it does not effectively regulate a commercial activity that is taking place on the Forest.

Failing to take early control of activities that have a serious detrimental effect on the Forest results in it being very difficult to control them in the future.

Commercial dog walkers should be required to obtain permission. This would ensure reasonable controls can be put in place including, for example, restricting to four the number of dogs that an individual can walk.

Dogs should be on leads during the bird nesting season, which would bring the Forest in line with the ‘Countryside and Rights of Way Act’, as observed in many other national parks.

It is our view that all commercial activity carried out on the New Forest should be regulated and require consent on a personal and individual basis. This enables the recording and registration of the person to whom consent is given, so that scale, location and the effects of the activity may be monitored. Consent would be accompanied by conditions (for dog walking this might include the things in this charter, such as numbers of dogs on one lead and when or where dogs should be on a lead).

In contrast, simply issuing a code of behaviour in the form of a Charter for a commercial activity, with no regulation, tacitly accepts the activity as being one that has a general, blanket approval with no means to monitor numbers or have any information about those carrying it out. It would also serve as an unintentional precedent.

In his subsequent Presentment on the subject of stallions and geldings, Dr Tony Hockley, Chairman of the New Forest Commoners Defence Association, added on the spot support for our Presentment.

The Lymington Times correction printed in their 12th April 2019 issue: “it was incorrectly stated that Hampshire Police, Natural England, Friends of the New Forest and the RSPB had declared their support for a professional dog walking charter.” The reporter at fault did offer a personal apology to our vice chair at the Verderers Court.

The Forestry Commission does administer a permission system for commercial and events use of the Forest, however it is not comprehensive and does not currently include licensing or permission for commercial dog walkers.

We and other organizations, including the RSPB, Commoners Defence Association, Hampshire & Isle of Wight Wildlife Trust, and the Verderers have had input into both the Draft Professional Dog Walkers Charter and the generic Dog Walkers Code through the National Park Authority’s Dog Forum. Friends of the New Forest continue to maintain that the commercial exploitation of the Forest element must be addressed for the guidance to have any useful value. All commercial exploitation of the Forest should also be addressed more fully under any future Recreation Management Strategy.

Announcements & Decisions Verderers Court 17th April 2019

By Brian Tarnoff on 17/04/2019 in News

This month’s announcements include warnings about dumping garden waste on the Forest as a hazard to the livestock, foals on Forest roads, out of control dogs, pleas to not feed livestock, the HLS AGM and Open Evening, and the appointment of the DEFRA Verderer.

Garden Waste

We are approaching the time of year when we will all be cutting our lawns and tidying our gardens after the winter. Please may we remind residents that lawn mowings are very dangerous to ponies and donkeys and they must not be left where the animals can get to them. Tipping your grass cuttings over the fence or emptying a bag on the Open Forest may be a cheap and easy way of disposing of your garden waste, but it can result in a very sick or dead pony.

Mown grass left in a heap heats up and when eaten, the resulting gasses that accumulate in the stomach of a pony or donkey can result in a very painful death for the unfortunate animal. Many garden plants and shrubs are toxic and can also cause illness or the death of any animal which eats them. Please dispose of your garden waste responsibly. Compost it on your property or take it to the tip. Please remember if you live in an area accessible to Forest stock and your garden waste is collected by NFDC always keep the waste sacks inside your boundary for collection.

Foals On The Forest’s Roads

The time is approaching when foals will soon be born on the Forest. Like all young things, foals love to play. However, they have no road sense and will run across the road without warning, so we would like to remind drivers to please take extra care in the Forest.

Please Don’t Feed The Animals

We constantly have to remind people not to hand feed the Forest ponies and donkeys. The Forestry Commission puts up signs and the Ranger teams visit picnic sites and busy car parks talking to people and explaining why it is so important that people don’t feed the animals.

Unfortunately, however, despite all our efforts some people ignore our requests and as a result, every year we have to order ponies and donkeys off the Forest because they have become too demanding in trying to persuade people to feed them. This is not fair on the animals which face a very uncertain future and it is not fair on their owners who want their animals to be out on the Forest. Please DON’T feed the animals.

Out Of Control Dogs

Another commoner’s animal has been attacked by a dog.

A donkey was found at the weekend on the Northern Commons with extremely serious injuries to her muzzle, face and neck. The vet who was called to treat the animal confirmed the injuries were definitely been caused by a large dog. The donkey’s owner is now incurring costly veterinary fees and the animal is badly traumatised, in a lot of pain and struggling to eat. It is quite possible that the donkey will not survive.

The New Forest is a wonderful place to take a dog for a walk but it is irresponsible and unfair to allow a dog to inflict injury on another animal. Every year several Forest animals are either badly injured or die as a result of dog attacks. Anyone who cannot be certain of keeping a dog in their charge under proper control, should not let it off the lead.

Defra’s Appointed Verderer

I am sorry to have to report that Hallam Mills, who has served the Court as Defra’s appointed Verderer for the past six years, has decided not to seek appointment for a further three years.

Hallam has made a valuable contribution to the running of the Verderers’ Court and we will miss his knowledge and wise counsel.

As a result of Hallam deciding to step down in July, Defra is seeking his replacement. An advertisement will appear shortly in the New Milton Advertiser and Lymington Times and a copy of the advert will also be available on our website.

Applicants for this unpaid position should have a good knowledge of animal welfare and in addition, ideally both a working knowledge of livestock and experience of the New Forest’s unique system of depasturing stock. In addition, they should have an understanding of the pressures arising from the need to balance the interests of agriculture, conservation, and recreation in the Forest.

Please note that whilst we are happy to answer general queries about the duties of a Verderer, Defra is handling the actual appointment process. Details of how to apply will be contained in the advertisement. Completed applications must be returned to Defra by 31st May 2019.

HLS 2019 Celebration Evening

Please join us on Wednesday 22nd May from 6pm at Minstead Village Hall for an evening celebrating the work taking place to protect and enhance the internationally important habitats of the New Forest. It will be a great opportunity to look back at the achievements of the HLS scheme over the last 9 years. It is also an opportunity to thank our volunteers who have contributed so much of their time to help deliver the scheme’s objectives. The Verderers HLS Scheme is due to expire at the end of February 2020. A great deal of effort is going into trying to secure a future scheme to provide funding for commoning and other environmental support for the Forest. There has been extensive contact with politicians, Defra officials and Natural England. However it is too soon to predict with any certainty what the outcome of those discussions will be.

Verderers View: Dog Attacks / Presentments

By Brian Tarnoff on 21/09/2016 in News

At September’s Verderers Court, in his Announcements and Decisions, the Official Verderer, Dominic May, spoke of a recent successfully prosecuted dog attack, and affirmed the rules for length and relevance of Presentments to the Court.

Dog Attack

On April 21st, two bull mastiff dogs, owned by a visitor to Holland’s Wood Campsite, chased and viciously attacked a Shetland pony. The pony was chased so far from the campsite that she was not found until the next day. At first it was hoped she could be saved, but due to the severity of the injuries inflicted by the dogs, a vet recommended that she should be destroyed.

The owner of the dogs, Thomas Allen from Slough, was successfully prosecuted and has been fined £1,000 and ordered to pay £884 compensation to the pony’s owner and costs of £250.

Northern end of
Hollands Wood camp site, New Forest.

We are very grateful to the staff at the campsite, to Forestry Commission Keeper Jonathan Cook, and to the police, for their actions and evidence which resulted in this successful prosecution.

We also thank the campers and staff at Holland’s Wood for their brave efforts in trying to drive off the dogs. In doing so they undoubtedly risked being seriously injured themselves.

One of the dogs suffered a broken nose as a result of being kicked during the incident.

This successful prosecution sends a clear message to all dog owners that they must keep their animals under close control at all times when in the Forest.

Presentments

We have recently suffered some irrelevant or over-long presentments from the public, so please may I remind the Court of our rules.

Presentments must be relevant, and should only address matters that are the responsibility of the Verderers or the Forestry Commission as set out in the various New Forest Acts and Forestry Acts, namely Conservation, Landscape, Governance, Management and Animal Health.

Secondly, presentments must be brief: no longer than five minutes.

Thirdly, presentments must be moderately phrased and free of any express or implied abuse.

As chairman of the Court, I will stop any presentment from the public which is not relevant, brief or moderate.

Thank you.

Dominic May
Official Verderer
21st September 2016

— used with permission with our thanks.

This is part of the NFA’s initiative to publicise good works on the Forest. Announcements and Decisions by the Verderers ordinarily do not enter the public record until the minutes of the whole Court, including the in camera sessions, are approved at the subsequent month’s sitting, unless directly reported by the local papers.

Here is the dog attack as covered by the Daily Echo.

Many visitors to the Forest do not take account of both the unpredictability of the Forest’s livestock, nor their own dogs facing their novelty. Even though you are your dogs are allowed off lead, that does not make it always appropriate. All are requested to have dogs under “close control” which may include use of the lead. The FC Byelaws state: “No person shall in or on the lands of the Commissioners:-…(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;”.

Here is the National Park’s page on the New Forest Dog Walking Code.

It should be noted that an NFA representative swiftly tested the five minute limit on Presentments, and was duly cut short, as was one other presentment at Wednesday’s Court.

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