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Verderer’s Announcements and Decisions September 2018

This month’s announcements include warnings about dumping apples and garden waste on the Forest as a hazard to the livestock, the upcoming Verderers Election, positive changes to the HLS Verderers Grazing Scheme subsidy, and the continuing appointment of the NFNPA Verderer.

19th September 2018

APPLES & OTHER WINDFALL FRUITS

The Verderers regularly draw attention to the problems that result from the public feeding ponies on the Forest.  At this time of year, there is often a glut of apples.  I would like to draw people’s attention to the particular dangers associated with dumping apples on the Forest. Apples in quantity, such as a bag of windfalls, can cause colic in horses. A whole apple can cause choking.  Leaving apples close to the roadside attracts animals onto the public highway and into danger from passing vehicles.

GARDEN WASTE

Dumping garden waste on the Open Forest also presents a hazard to stock as many garden plants are toxic.  In addition, it constitutes fly tipping.  We ask residents and those undertaking gardening and landscaping to please dispose of their waste responsibly – at the local tip please, not the Forest.

VERDERERS’ ELECTION

The Election of two Verderers, will be held on Friday, 30th November, when the terms of office of Dionis Macnair and David Readhead come to an end.

The deadline for registering to vote at our election was Monday, the day before yesterday.  However, as we want to give as many people as possible the opportunity to vote, registration forms will continue to be accepted until this Friday 21st September.  The Draft Electoral Register has to be finalised in time for it to be sent out to the public offices for public viewing from Monday 1st October.  The fact that you may have been registered for previous elections does not count, and therefore, to be able to vote this year, you must register now.  There are some spare registration forms on the table at the front of the Court.

I hope we will see a strong turnout at the election and I ask all those present to help spread the word so that as many people as possible are able to vote.  I very much hope the press will also help by giving publicity to this important event.

For anyone wishing to stand for election, the deadline for the delivery of nomination papers is Noon on Tuesday 6th November and I will issue a reminder at the October Court.  Anyone requiring further information, should contact the Verderers’ Office, or the Office of the Returning Officer, Mrs Rachel Brooks at the Under Sheriff’s Office in Romsey.

CHANGES TO CURRENT VGS RATES 2019

The VGS Committee & the Court of Verderers have agreed to amend the Verderers Grazing Scheme Livestock Unit rates payable in December 2019.  As the 2018 application forms have already been returned for payments due this December, these changes cannot be implemented until 2019.  Application forms will be sent out next February.  The Court felt it is important to let VGS members know of these changes before the coming winter as it may impact on their stocking level decisions.

The change to Livestock Unit (LU) rates allows the VGS to increase the incentive for Registered New Forest Mares and reduce the incentive for large numbers of cattle and non-registered equines.  The overall pot of money remains the same and the result will be that more members will gain than lose.

The following changes are to apply;

Registered New Forest Mare or Stallion from 0.8 to 1 LU (livestock unit)

No Marking Fee return for any other female equines (including donkeys).  Geldings are already excluded.

Cattle to remain at 1 LU but a payment limit introduced of 40 head of cattle per individual commoner

Copies of the amended VGS terms and conditions are available on the table at the front of the Court.

EDWARD HERON

We are pleased to announce that Cllr Edward Heron’s term of office as the New Forest National Park’s Appointed Verderer, has been extended for a further year.

We particularly welcome renewed statements on perennial issues such as mostly well meaning but entirely misguided dumping of green waste on the Forest in the mistaken notion that it helps feed the Forest livestock.  There is no positive in this, rotting greenwaste can poison livestock, and drawing livestock to roadside and other amenity locations endangers them and disrupts natural feeding patterns.  Regulated supplementary feeding is agreed at locations away from public interaction, and even this practice is questionably and may soon be phased out or reduced. The livestock are there to graze the Forest, and the habitat produced by their grazing and trampling patterns is a key part of the biodiversity of the Forest.

Along side this we also welcome changes to Commoners subsidy which should reward the stewardship provided by their livestock, but not be entirely based on headcount. capping the cattle subsidy may go some way to address areas which have possibly been over poached.

We thank the Verderers for their kind permission to occasionally include their announcements as guest posts here, as we hope we can help highlight the vital role they play on the Forest.

 

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Gasp! NFDC and Southampton Clean Air Zone Consultation

The World Health Organization named Southampton amongst the worst cities for air pollution in UK. Here’s our response to the consultation run by NFDC and Southampton on Southampton’s Clean Air Zone.  From 1 June – 13 September 2018 NFDC and Southampton have run a consultation on Southampton’s Clean Air Zone.

As is often the case, we’ve sidestepped the constraints of the online survey, which narrowly addressed a congestion charge type proposal, and prompted levels of agree / disagree to various elements. To its credit, the survey did take pains to explain its proposals within the survey (unlike the two recent National Park Recreation surveys). We did feel the need to comment beyond the proposals in the survey, particularly on the role of the New Forest District Council.

Our Response

Consultation Limitations  

Whilst clearly the policies and conditions which have triggered this Clean Air Zone consultation demand a pro forma consideration of options which include the DEFRA Charging Clean Air Zone classes and how measures related to the proposed options could be implemented – this unhelpfully limits discussion of the clean air issue to vehicle journeys that may be limited or mined for potential mitigation by a congestion charging model.  By structuring this consultation almost entirely around these narrow solutions, and there circumscribing response to levels of approval or disapproval, the consultation is skewed towards a rubber stamping exercise.

Southampton should also be considering how other industrial sources of pollution, including port activities and cruise liners running engines for generation in dock.  Broadly speaking we’d favour measures that Southampton might take, including the charging options in the consultation, but we’d consider further comment on this outside our remit.

However, New Forest District Council should have a broader scope in this, as many of their plans to allow development in the District will negatively impact air quality by increasing housing provision with its influx of cars, and allowing growth and creation of ports with an obvious uptick of HGV traffic.  Neither the NFDC, nor Southampton are taking into account their duties to the National Park, which should garner higher levels of protection.

Wider View of Clean Air for the District 

There needs to be joined up thinking here.  To have this consultation about air quality at the local city and district level, and a Government launching its 25 Year Environment Plan, promising greater protection to National Parks and both designated and undesignated habitats, is well and good, BUT to have that same Government dictating housing targets to the District and Park where more strategic planning should abide to achieve the Park’s Statutory aims, is senseless and inconsistent.

NFDC plans for housing targets set to 10,500 homes in the next ten years, including the Fawley Development proposed to provide 1500 homes (within NFDC and the National Park) at the bottom of the A326, as well as the ongoing developments at the ports at Eling, Marchwood Military, and the ABP proposal for a deepwater container port at Dibden Bay, all of which the NFDC local plan welcomes with no quibbles for impacts.

10,500 new homes will produce a minimum of 13,650 more cars in the district, each making daily journeys.  The growth and establishment of a new port will have a significant impact on HGV movements.  All of this severely compromising the A326, with knock ons to the A35 and other local trunk roads. The additional traffic on the already congested A326 would lead to demand for extending dual carriage way for much of its length, however, as NFDC have allowed a hard edge of development against the road from Marchwood to Blackfield, the only room for widening would encroach onto the Crown Lands and the New Forest SSSI which should be unacceptable.

NFDC should not duck their responsibilities for clean air by limiting, as this consultation does, their part in it to merely improving the stretch from Rushington to Redbridge.  Their responsibility and remit is wider, and they should ensure their plans do not damage or undo any strides made in the narrow tranche of congestion charge consideration within this initiative.

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England Coast Path: What can I do about it?

We suggest some representations you might wish to make.  And discuss how the format of the consultation is restrictive.

In the run up to the end of the consultation on the Highcliffe-Calshot stretch, we’ve put together a series of articles about the England Coast Path.   Now with precious time to spare, you may want to respond to the consultation. (if you want to refresh your memory on everything we’ve posted so far on the subject (including this article))
http://newforestassociation.org/tag/england-coast-path/

Here’s where you can find all the proposal documents including the forms for responses:
https://www.gov.uk/government/publications/england-coast-path-from-highcliffe-to-calshot-comment-on-proposals

First, let’s hunker down on what hoops Natural England have set for us to jump through.  There are two types of response you may make, “Objections” and “Representations”, both with different forms to fill out.  We have been told that if you do not use the forms for your response, your response may by discretion be ignored (and some have informally been advised that they would be ignored).  In some instances you may do both.

Only owners/tenants/occupiers of land directly effected by the route may make “objections”, but these are limited to specific grounds:

  1. The position of any part of the proposed route shown on the map(s)
  2. Where we have proposed (or not proposed) that the route should “roll back” in response to erosion or other forms of coastal change, or the nature of our proposal
  3. Where we have proposed (or not proposed) an alternative route (in addition to the ordinary route), or the position of the alternative route or any part of it.
  4. Where we have proposed (or not proposed) that the landward boundary of the coastal margin should coincide with a physical feature such as a fence or wall, or the nature of our proposal
  5. Where we have proposed (or not proposed) an access exclusion or restriction, or the nature of our proposal
  6. Where we have proposed (or not proposed) to extend the route to any point between the open coast and the first public foot crossing point on a river.

“Representations” are not limited in subject matter / grounds, and owners/tenants/occupiers may make these as well (and are invited on the forms to identify themselves).  Anyone else may also make representations as individuals or group representatives.  In both types, multiple forms would have to be submitted if commenting on non-contiguous portions of the route.  Each form must identify a single “land parcel” or several adjoining ones.  Again, you may choose to depart from guidance, but run the risk of being ignored.

1 & 2. For our purposes here you’ll need to look through Chapters 3, 4 or 5 of the proposals.  These 3 Chapters alone propose 114 discrete sections of the route from Lymington Bridge (East) to Calshot (and that’s excluding possible Alternate Routes, which we have little to worry about as in this instance there’s only two bits along public highway from Inchmery Lane to Lepe Road, and Alternate Routes do not create additional Coastal Margin).  54 of those sections aren’t on current established Rights of Way, 21 of these sections classified as “Other existing walked” 33 sections are new “not an existing walked route”.  You can choose any of these for comment, I’d suggest an area you know well, or if you don’t know, go for one of the new ROW as these may be the most problematic.

For your additional research, I suggest looking at the Government’s Magic Map page http://magic.defra.gov.uk/MagicMap.aspx.  This lets you zoom into the area where your route sections are, you can turn off useful layers (layer menu is on the top left of the map ) under Designations / Sites of Special Scientific Interest (England) / Special Areas of Conservation (England) / Special Protection Areas (England) etc, also with useful Marine designations).  This is somewhat necessary as the consultation maps do not provide this information in any useful context or detail (there’s one map in the Overview which does not show the route and how it or Coastal Margin interact with the habitat and other designations).

3. Those listed in Schedule 1 Coastal Access reports, those with sport shooting rights and the following organizations: BASC; British Mountaineering Council; Country Land and Business Association; NFU; Open Spaces Society; Ramblers ; RSPB have to identify themselves (as if they were marked! — do you suppose they get a knock on the door asking how they were recruited to these shady organizations?).

4. “relevant interest” means that you are a legal owner / tenant / occupier of the land in question (i.e. you would also be able to make an “Objection”)

5. Here’s the real meat of the Representation, what ever concerns you about the report in such a way as to show that it “fails to strike a fair balance” between the provision of Coastal Access Duty and personal, statutory, local or National Interests.  National interests would include honouring the protections to habitat in the Wildlife and Countryside Act 1981, and other agreements and law that specify relevant habitat designations.  Either think of your own concerns that fit the bill, look through our other articles for extensive critique, and/or use almost any of the points below which sadly will apply to much of the route.

  • The Sensitive Features Appraisal fails to carry out a full Habitats Regulation Assessment to assess impact of this section of the route, route facing mitigation measures may not be presumed to work, and in the context of Coastal Margin which may allow incursion through the Margin from other directions, the proposed mitigation is flimsy.
  • Presumption that this route has no significant impact has not been proven in the absence of the full Habitats Regulation Assessment, or the possibly illegal inclusion of the proposed mitigation at the screening stage.
  • Because of the poor presentation on the maps provided it is difficult to judge the relationship between the route, potential Coastal Margin, excepted land and exclusions.
  • The Ordnance Survey’s practice of showing all potential Coastal Margin as access land will mislead many off this route section onto protected habitats and dangerous salt marshes.
  • Dogs should be on leads for all sections adjacent or through protected habitats, grazing or back-up land for livestock.
  • Using the least restrictive option principle as a standard for the Sensitive Features Appraisal is wholly inappropriate in the context of a National Park.
    • The least restrictive option principle has no basis whatsoever in the Legislation,
    • whereas within a National Park, the Sandford principle which favours conservation over recreation where they may not be reconciled is enshrined in the 1949 Act and subsequent Acts.

6 & 7. Self Explanatory, note because you are expected to submit separate forms for each contiguous stretch you criticise, you may have made other representations about the same report.  8. Again, harking back to #4. If you are and owner/tenant/occupier, have you also made out an “objection” form for between 1 and 6 statutorily granted reasons.

9 & 10. Tell them who you are, and send it in.  At this late date, you’ll want to use the email. (southcoastalaccess@naturalengland.org.uk)

Now I think it’s worth noting, if you haven’t already caught on, but the format of this consultation is onerous.  Some of the questions on the forms themselves require specialist knowledge, or a visit to a separate document that explains some, but not all of the questions.  You are told to submit multiple forms for multiple sections.

By virtue of the fact that the forms are geared around references to sections of the route, there is no way to identify portions of the Coastal Margin you may wish to comment on,  the seaward portion of the Margin is never explicitly delineated on the maps, although there is a useless box, often sitting on the map obscuring features that explains the Margin is the whole seaward side but for Excepted Land and Exclusions, and the maps do not depict these either for reference.  The maps do not show the boundaries of legally protected designated habitats, so it is not easy to judge whether the section has an impact.  There is no direct way to reference any of the supporting documents.  There’s much wrong with the Sensitive Features Appraisal itself, the forms don’t really offer you a way to make those comments.

So, if you’ve any spare time between now and Midnight Wednesday 8th of May 2018.  Download and fill out the form and email it in.  Even if you miss the deadline, keep sending them in with the complaint that an extension to the consultation should have been granted as Natural England have produced a report of much greater size and complexity than any to date, with unhelpful maps to judge the proposals by, and they took more than an extra year to do it : they should be obligated to produce useable maps and allow another four weeks.

Finally, while you’re at it, go to the link to this article on our Facebook page and just leave the reference to the section on which you commented.  Thanks for your help!

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England Coast Path: MisGuidance

Natural England’s Playbook for Coastal Access has problems.  The least of which is its ignorance of National Parks.

The Coastal Access Scheme 2010 / 2013

This guidance document was mandated under the Marine and Coastal Access Act 2009 Section 298 The coastal access scheme. The first version of the Scheme (NE268) was approved on 23rd March 2010. Section 298(2) of the 2009 Act. Section 299(2) of the Act required Natural England to complete an initial review of the Scheme within three years, which they did, publishing that result 11th July 2013 (NE446).  It sets out all the procedures and rules for creating, consulting and implementing the England Coast Path and related Coastal Margin.

By the time they performed the first and only review to date on the guidance, Natural England had only had three stretches published [*], and only one of those approved. None of these stretches were in or adjacent to National Parks [†], the first relevant stretch coming on line over 2 years after the guidance was revised.  None of the three stretches had had a full Habitats Regulation Assessment, none of them had exclusion directions from Natural England under either S25a Salt marsh and Flats or S26 Habitat Conservation.  Only two had notable conservation issues of any kind.  The first had an important site for Natterjack Toads, whose breeding cycle can be severely impacted by as little as one dog in their ponds, “breaking up spawn strings, flattening emergent vegetation and muddying the water” (Hesketh Ecology, 2013); Natural England’s solution:  An Interpretation Panel, asking owners to put dogs on lead (just imagine how effective that would be).  The second had one specific measure to avoid impact on a colony of little terns, instead of using an existing public footpath near the colony, the route briefly diverted landward the other side of a sand dune, at the same time including the lot in Coastal Margin and leaving the public foot path open.  The rest of management measures on the three stretches included keeping people off a wind farm, portions of a camping park, away from boat cranes, and away from temporary events, including areas used for the 2012 Olympics.

The guidance generally favours recreation including principles such as “the least restrictive option” (pg 46) wherever public access may be curtailed. Within a National Park this flies in the face of the Sandford Principle. Although the guidance suggests that NE may hand over responsibilities for the route, and local exclusions to relevant National Park Authorities “once rights have been established”, there is no mention of either the park’s special qualities or of Sandford. It is unclear whether Natural England have ever exercised the option to make a National Park the “relevant authority” for the route beyond the expectation that the Park will become responsible for the maintenance of their portion of the stretch which falls under their separate duty as “access authority”.

Only two of the eight worked examples illustrated in Chapter 9 of the guidance imagine scenarios with sensitive wildlife, neither especially large. The first (Figure 28, pg 160) suggests the S25a Public Safety exclusion for Salt Marsh and Mudflats, yet offers “small areas of spreading room on flats and rock at either end of the section, which local people traditionally use as a beach and which are suitable for access.” without any concern over the effects of increased use as part of a section of a National Trail. The second (Figure 29 pg 161, and here on the right) shows a route around a wetland to prevent disturbance to birds, yet offers as an alternative a seaward section of shingle beach as allowable with small sections fenced for nesting birds, but no obstruction to anyone walking past. If the area were comparable to the wetlands and shingle beaches designated within this Park, this would not be advisable on our undisturbed shingle.

Sensitive Features Appraisal

A full Habitats Regulation Assessment should be carried out as a matter of course where new Rights of Way are proposed that lie adjacent or through designated habitats, with similar evaluation to existing ROW on the route where a National Trail is likely to increase traffic.

This appraisal, which includes heritage and other designations along those of habitat, potentially would include a Habitats Regulation Assessment, however, the guidance creates a loophole. Natural England (4.9.12. pg 45) self-determine whether their proposal including planned mitigation “is not likely to have a significant effect,” and then “this concludes the necessary Habitat Regulations tests”. This sort of self-determination of the effects of proposed mitigation at the screening stage has just been ruled against in the European Court. []

Although the Making Space For Nature 2010 “Lawton” report was issued before the 2013 revision of guidance, it’s respect and concepts for nature conservation do not seem to have been inculcated appropriately in the first review.   In particular, the very relevant concept of “coastal squeeze” where sea rise may force marshland inland has not been added to “Roll Back Provision” (Although NE Report Coastal squeeze, saltmarsh loss and Special Protection Areas (ENRR710) was published in 2006). Roll Back applies almost entirely to cliff edge erosion and coastal landslip, but should include other scenarios of sea rise and climate change which would squeeze habitats between advancing sea and an inland route.

The 25 Year Environment Plan (A Green Future: Our 25 Year Plan to Improve the Environment), which promises greater protection for both designated and un-designated sites. These initiatives, along with the recent case which will effect Sensitive Features Appraisal (above), taken together, indicate that the slimmer or absent protections offered in the guidance should be reviewed and appropriately updated.

We’ll examine the deficits of the Sensitive Features Appraisal in more detail in:

Sense and Insensitivity : What happens when Sensitive Features Appraisal doesn’t live up to its title? (coming soon)

[*] Rufus Castle on Portland to Lulworth Cove approved 26/01/2012
Allonby to Whitehaven and North Gare to South Bents approved 18/07/2013

[] National Park included or adjacent stretches of the England Coast Path:
25 September 2015 both Hopton-on-Sea to Sea Palling (adjacent to the Broads) and Whitehaven to Silecroft (Lake District) were Approved, but only the first is fully open, the other pending new river crossings for the Irt and the Esk and approval of nearby sections. Filey Brigg to Newport Bridge (North York Moors) was approved 15th Jan 2016 and is fully open. Minehead to Combe Martin (Exmoor) closed consultation 15th Aug 2017, approval pending. Highcliffe-Calshot (New Forest) will currently have consultation closing 9th May 2018, should requests to extend go unanswered. Silecroft to Silverdale (Lake District) and Shoreham-by-Sea to Eastbourne (South Downs) are still having their proposals developed (currently mooted 2018).]
[] “European court upholds claims of Laois wind farm objectors – Irish Times” https://www.irishtimes.com/news/environment/european-court-upholds-claims-of-laois-wind-farm-objectors-1.3465503
“Opponents to Laois windfarm receive boost with EU court ruling – Irish Examiner” https://www.irishexaminer.com/breakingnews/ireland/opponents-to-laois-windfarm-receive-boost-with-eu-court-ruling-837809.html
“Court Ruling 12 April 2018 ECLI:EU:C:2018:244” http://curia.europa.eu/juris/document/document.jsf?text=&docid=200970&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=619449

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England Coast Path: What you need to know

The consultation on the Highcliffe to Calshot stretch of the England Coast Path closes on Wednesday 9th May.  We’ve been discussing the possible negative impacts of the proposed route since 2016 when it was mooted that this Consultation would happen in March 2017.  We’ve shared some aspects here through presentments to the Verderers, statements to the National Park Authority, and our letter to the Access Forum.  However, it’s worth putting the project into perspective, what it is and why we’re concerned.  We’ll start with this overview of the bare basics.

Marine and Coastal Access Act 2009

The Marine and Coastal Access Act 2009 mandated the The England Coast Path (ECP).  The Act’s other aims created a new Marine Management Organisation, made alterations to marine licensing and fisheries management, and provided the set up for marine conservation zones.  In addition to the establishment of an English coastal walking route, it also included rights of access to land near the English coast.

So far, so benign.  There are existing Coastal Routes, the South West Coast Path, Norfolk Coast Path, Wales, etc. and here the Solent Way.  To a certain extent it hardly seems necessary.  The key problem comes from the creation of requirement known as “Coastal Access Duty”,  including not just providing the route, but also the creation of new access land called “Coastal Margin”.  Coastal Margin was left undefined in the 2009 legislation, but since has come to be broadly defined as the entire seaward side of the route (with certain exceptions, and possible discretionary landward additions).  That definition encourages land owners to allow the path placed as close to the coast as is practical.

This becomes problematic as our coast includes a nearly uninterrupted series of highly designated and protected habitats of international importance alongside which the route will necessarily skew inland.  Sending the route inland to avoid habitat, has the simultaneous effect of designating that habitat, seaward of the route, as access land, which defeats the purpose of avoidance.  Some land, such as arable, private buildings and their curtilage, are considered “Excepted Land”, and Natural England have the discretion of creating “directions to Exclude” on the basis of habitat or public safety, together these are the slim protections from Coastal Margin access.

Increased use and disturbance

Creation new non-historically based Rights of Way and joining up of existing routes, increasing their use will impact on tranquility and habitat disturbance.  There is funding for path upgrades, signs and rudimentary barriers, but no funding for parking, other infrastructure, or any other mitigation measures (as a developer creating the same access would be required to provide).  Some stretches, near or on small country lanes in the most remote parts of our coast would exacerbate the verge parking problem.

Signs explaining exclusions will not make up for the Ordnance Survey’s decision (with the alleged fiat of a “stakeholder group”) to show all potential Coastal Margin as Access Land, disregarding whatever Excepted Land, or Exclusions may be in place.  A conservative estimate of the current proposal would have 75% of our Coastal Margin fall under these prohibitions, but the Ordnance Survey will show them as access anyway, despite their standing as providers of a definitive map.

Sensitive Features

In the current proposal Natural England have not sufficient excluded our designated habitats and have created new Rights of Way adjacent and through SSSI designated land.  They have not made directions for dogs on lead aside or through habitats, or land used for livestock including back-up land vital to commoning.  They have not provided maps that show the vital spatial relationships of the route to protected, vulnerable or excepted land.

The Sensitive Features Assessment for our coast is the largest of the 31 stretches published to date.  At 222 pages it is twice the size of the next largest, and five times larger than the average (excluding itself).  The report is fraught with inaccuracies and errors, including misquotes from some of our ecologists.  Natural England have not performed a full Habitats Regulation Assessment to judge the impacts, they use a get out from their own guidance which allows them to conclude that their own mitigation proposals (signage, willow screens) are sufficient. That self determining logic was just slammed in the European Court in April (the judgement required that full HRA be performed).

The guidance creates a principle, not based in the legislation of “least restrictive option” for conflicts between Coastal Access Duty and other interests, including habitat, favouring recreation, where in a National Park, the Sandford Principle, enshrined in the legislation would indicate the opposite.  The over interpretation of Coastal Access Duty, particularly the Margin, by Natural England shows no regard for the National Park Purposes or Special Qualities.  It also fall far short of subsequent policies, including the Government’s flagship 25 Year Environment Plan.

Conclusion

The particularly large size and sensitivity of the New Forest Coast was clearly not foreseen by those framing the legislation, which is ill suited to application of its subsequent all encompassing Coastal Margin definition.  Natural England have not provided adequate proposal for consultation, including poor mapping, inaccurate and incomplete Assessments. The poor decision by the Ordnance Survey to serve up protected areas as accessible is a gross misrepresentation.  Taken together, and in some cases separately, this will lead to unacceptable damage to habitats.  All the worse, as it should be avoidable, not intentionally planned.

Coming Soon:

We will be fleshing out many of the points made above, for those who may doubt any of our claims, or if you just want to dig deeper to see what should have been a harmless, if unnecessary project, put through the legislative and government grinder to become a fiasco, warning, some of this will illicit anger.  (Links will go live as each article is posted, watch this space and/or our facebook page)

England Coast Path:
What’s At Stake : Our Coastal Habitat, how precious it is, how you might not have known that.
Consultation and Complexity : How is our stretch more difficult?
MisGuidance : Natural England’s Playbook for Coastal Access has problems.  LIVE
Out of Order : One of the worst features of this was not consulted on publicly.  Ever.  LIVE
Margin of Error : When is something inland somehow part of the Coast?
Not A Whitewash (Magenta, Actually) : The Ordnance Survey’s Rubberstamping of a Bad Idea  LIVE
Up An Estuary, Without a Paddle : No one really knows what to do about an Estuary.
Sense and Insensitivity : What happens when Sensitive Features Appraisal doesn’t live up to its title?
Do we need it? : In which we might have to argue with a Rambler (no one wants to do that).
What can I do about it? : We suggest some representations you might wish to make. LIVE

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CDA Letter to Members Relating to Localised Excessive Poaching

This letter was written by New Forest Commoners Defence Association Chair Tony Hockley to CDA members, following concerns during the wet winter of 2017-2018.

Dear Member

You should by now have received letters from the Official Verderer and Deputy Surveyor relating to localised excessive poaching. The CDA welcomes these interventions. Commoning rests on the principle that we share a responsibility to exercise our rights in ways that are mutually beneficial.

The CDA is working hard to ensure that we have a system of financial support after Brexit that It is locally designed and locally led, unlike the BPS. For the next few years, however, we must work within the existing system. We must demonstrate that the New Forest is up to the task of leading a future bespoke scheme and to take full responsibility for its implementation.

It is clear that the vast majority of commoners take these responsibilities to each other and to the Forest very seriously indeed. We cannot, therefore, allow the actions of a very small number to destroy what we are achieving and what we hope to achieve in the future (In the short term we also face the risk of removal of approval for cattle feeding areas on the Open Forest). The letters from the Official Verderer and the Deputy Surveyor set out some of the powers that can be used by them to ensure good grazing practice. Our own CDA Rule 33 states that: “The committee may suspend or terminate the membership of any member who is deemed to have acted in a way which is prejudicial to the interests of the commoners or the Association”. Wilful and unnecessary damage to the grazing would be prejudicial to all of our interests.

The CDA will be calling on the Verderers to use their powers to support good grazing practice and compliance with existing regulations. We will also be asking for the Verderers Grazing Scheme Advisory Group to be convened to discuss the general topic of grazing levels and policies.

Our partnership work on a future support scheme for the New Forest is generating significant goodwill for commoning. i am very confident that if we continue to demonstrate the best of commoning over the next two or three years, based on our genuine concern for the Forest, we will be able to achieve a sustainable and lasting solution.

Yours faithfully

Tony Hockley

Chairman

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Presentment April: England Coast Path

England Coast Path proposal shows new Rights of Way on one map (middle right), Habitat Exclusions on another in a different document (top), and both maps do not show the relevant Site of Special Scientific Interest (bottom), a small fraction of which is in the Exclusion.

I’d hoped that my previous presentment on the England Coast Path would be the last, and thank the court yet again for its inclusion in unusual circumstances.

The complexity of the proposal demands a bit more, the longest of the 31 (of 66) published to date, including a Sensitive Features Appraisal running 222 pages, nearly 5 times larger than the average (excluding itself), and twice the size of the next largest (Burnham-on-Crouch to Maldon). The maps Natural England provide are misleading as they do not adequately reflect the key spatial relationships between the path, protected habitats and coastal margin. At a minimum Natural England should provide useable maps for comment, and extend the consultation proportionately to reflect the scale of the proposal. They should also be at pains to perform a complete Habitat Regulation Assessment and resolve the rife inaccuracies in the features appraisal.

As for issues under the Verderer’s remit: fields that may come into or out of management as backup grazing are not excepted land (as it is not arable), but Natural England have not required dogs on leads on the route adjacent or through potential backup land. They have not followed their own guidance from the Coastal Access Scheme [*]:

Guidance 2.4.6 As on other land with access rights under Part 1 of CROW, a person with a dog must keep it on a short lead in the vicinity of livestock. The purpose of this provision is to prevent dogs from approaching livestock.

We hope the Verderers, in their statutory role on behalf of commoning, will request that this is applied in all possible instances. The NFA, for our part, will go further asking that dogs be kept on leads for any portion of the route that is adjacent to protected habitat, grazing which may be used by livestock, or spreading room leading to either habitat or grazing.


[*] The Coastal Access Scheme 2013, page 14 – this guidance document was mandated under the Marine and Coastal Access Act 2009 Section 298 The coastal access scheme. The first version of the Scheme (NE268) was approved on 23rd March 2010, under section 298(2) of the 2009 Act. Section 299(2) of the Act required Natural England to complete an initial review of the Scheme within three years, which they did, publishing that result 11th July 2013. However, by that time they had only had three stretches published, and one of those approved.


ADDENDUM:

We have secured an agreement with one of the statutory consultees that we will request that the Ordnance Survey not depict “coastal margin” the spreading room associated with the route at all for our stretch of the coast. As noted previously, the OS policy would be to show the entirety of the area seaward of the route, which is potentially coastal margin, under a “magenta wash”.

A conservative estimate of the proposal shows that at least 75% of the potential margin will fall either under excepted land (arable, buildings and their curtilage, etc) or excluded land designated by Natural England for either Public Safety reasons (S25) or Habitat Protection (S26). This would make the OS default depiction grossly inaccurate.

Consultation Map Issues

The maps provided do not adequately reflect the key spatial relationships between the path, protected habitats and coastal margin, and make it exceedingly difficult to make judgements. There is only one map that depicts the entire route (index map), within each chapter separate maps show sections numbered for comment, no map showing the route for each entire chapter is provided, and only landward spreading room is depicted, no excepted or excluded areas are shown. Maps of exclusions appear in the separate Overview document and don’t show path or even other exclusions that overlap the map area depicted. None of the maps of paths or exclusions show the relevant areas of habitat designation (SSSI, Nature Reserves, SAC, SPA, Areas of Special Protection and Ramsar Wetlands).

ECP with Exclusions, SSSI, SAC
As an example of what would be useful, you’ll find attached my approximate overlay map of the route shown in orange (part of Chapter 3, and all of Chapters 4 and 5 of the proposal, the Orange diamonds showing the chapter divisions). The North Solent Site of Special Scientific Interest is outlined in magenta pink with diagonal hatch, and the Solent & Southampton Water SPA is shown in orange with vertical pinstripe. Areas wholly excluded from Coastal Margin year round under Section 26 Nature Conservation are depicted with a grey overlay. Section 25a Exclusions under Public Safety are not depicted, but to the Salt Marsh and Flats portion of the SSSI along the Beaulieu estuary (but not its terra firma), and similar areas from the mouth of the Lymington river and including Keyhaven (not on the map) and Solent shore. It would also be useful to have maps in each chapter clearly delineating which sections are “new” as opposed to those that are part of existing Rights of Way, Highways etc.

Coastal Margin

Throughout the documentation and guidance Natural England refers to coastal margin including the entire seaward side of the route, however this definition does not exist in the primary legislation, but is created by a subsequent statutory instrument. This means the definition of coastal margin was never consulted upon leading to the legislation. The Countryside and Rights of Way Act 2000 Section 3(3) defines “coastal land” as “the foreshore, and land adjacent to the foreshore (including in particular any cliff, bank, barrier, dune, beach or flat which is adjacent to the foreshore).” Section 3A(1) (inserted by the 2009 Act) specifies “The Secretary of State may by order specify the descriptions of land in England which are coastal margin for the purposes of this Part.”

That order “The Access to the Countryside (Coastal Margin) (England) Order 2010 No. 558” was discussed by the Delegated Legislation Committee by 17 MPs on 23 February 2010 for twenty minutes, and was discussed at unspecified length by the Lords Grand Committee on 9 February 2010 during a 3 hour meeting which included five other items of legislation. Here’s the definition from the Order:

Descriptions of coastal margin
3.—(1) Land in England is coastal margin for the purposes of Part 1 of the CROW Act (access to the countryside) if it falls within one or more of the following descriptions.
(2) The first description of land is—

(a) land over which the line of an approved section of the English coastal route passes,
(b) land which is adjacent to and within 2 metres either side of that line, and
(c) land which is seaward of the line of an approved section of the English coastal route and lies between land within sub-paragraph (b) in relation to that approved section and the seaward extremity of the foreshore, if the land within sub-paragraphs (a) to (c), taken as a whole, is coastal land.

(3) The second description of land is land which—

(a) is landward of the line of an approved section of the English coastal route,
(b) is—

(i) foreshore, cliff, bank, barrier, dune, beach or flat, or
(ii) land of any other kind, which is treated by section 15(1) as being accessible to the public apart from the CROW Act, and

(c) when taken together with land within the first description in relation to the approved section, is coastal land.

(4) The third description of land is—

(a) land over which the line of an official alternative route which is for the time being in operation passes, and
(b) land which is adjacent to and within 2 metres either side of that line.

(5) The fourth description of land is—

(a) land over which the line of a temporary route passes, and
(b) land which is adjacent to and within 2 metres either side of that line, to the extent that the land is within section 55I(4)(d) of the 1949 Act(b) (land over which the owner has agreed the temporary route may pass).

We believe that Natural England have been overly inclusive in their interpretation, 1) the order has no scenario to reflect what to do with the coastal margin should the “coastal land” the foreshore etc., be excluded for habitat or safety reasons, it should not follow that the margin leading up to excluded areas should be included 2) this becomes even murkier where the path must travel away from the coast up an estuary to the first foot crossing, particularly one so protected as the Beaulieu – Natural England have the option to terminate the path either side, but avoid this to keep the route contiguous and not create demands for honey pot infrastructure and the terminal points.

The Natural England consultation on this stretch runs until 9 May 2018, more information, criticism and analysis may be found on our website newforestassociation.org.

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NFA Habitat and Landscape 2017-18

RSPB Franchises Lodge - credit Terry Bagley

Habitat and Landscape Chair, Brian Tarnoff reviews with uncharacteristic brevity the past year on the Forest Design Plan, Recreation Management Strategy and the England Coast Path.  Part of our series of Annual Reports relevant to our AGM on Saturday 21st April 2018.  Updates since original publication, reflecting these ever changing issues, are provided below each section.

Once again I am full of gratitude and amazement at the generous contributions of our committee members this year. This included countless hours volunteered to pour over one of the most vital consultations we’ve seen in some time, and days spent trudging the Forest in all weathers on site visits for works proposed by the Forestry Commission on the open Forest.

The Forest Design Plan

Consultation continued this year. Our ecologists took part in round table discussions on this year’s draft, a palpable improvement over the March 2016 version. The detail, which had concerned us previously, now was much more in line with the commitment from the 1999 Minister’s Mandate (strongly supported by subsequent policy) to restore pasture woodlands, heathlands, valley mires and Ancient and Semi-Natural native woodland, and favour broadleaves over conifer. In these meetings, Forestry Commission staff expressed sound underlying principles that would serve this plan, both in its current form, and going forward, to manage towards these goals.

Our main quibble is that the documentation of the plan does not adequately express those principles. This may seem a small thing, given how close the detail plan is to delivering many of our Association’s goals, but without them in place the plan may not be able to show its logic adequately to stand on its own against Habitats Regulations Assessment, or possible changes in future management of the Forest which could veer away from the promise this plan holds.

After the public consultation on the plan, the Forest Services review determined that consent under EIA regulations is required for the deforestation proposals (some areas being returned to open Forest habitats). Forest Enterprise has been tasked with producing an Environmental Statement for consideration, and we are amongst the stakeholders invited to a scoping exercise in January 2018. DEFRA have agreed to roll forward some elements of the FC’s expired felling license, which was dependent on the now unknown date for approval of the plan by the Inspectorate for renewal.

The Forestry Commission have opened up the next stage of consultation which runs for eight weeks from 11 Apr 2016 to 6 Jun 2016. This will produce the version of the plan which will be submitted for the inspectorate, and final consultation later this year. The NFA will argue that the planned eight weeks may not be sufficient for less nimble organizations (those that meet less frequently, such as Parish Councils, or those larger whose relevant knowledge is spread across expert and consequentially busy staff); we would prefer ten to twelve weeks. When the timeframe was sprung upon the great breadth of Forest organizations in attendance at a special launch day on March 22nd, the FC suggested that they may be “flexible” about the length of the consultation. We will be making our case later this month.

Wetland Restoration Strategy

In a similar spirit of openness the Forestry Commission proposed a Wetland Restoration Strategy at a well-attended December workshop including representatives across the spectrum of the debate. In addition to more constructive engagement with all stakeholders, we hope this will lead to a monitoring program that is apt, affordable and will adequately support future efforts.

The FC have just updated us (12/04/2018) with a view of present and future monitoring plans. We believe these will be robust and adequately adapt and augment standard river monitoring techniques to the unique challenges of the New Forest’s streams and wetlands.  We hope sufficient funding will be allowed to cover a range of catchments including both restored and untouched.

England Coast Path

Understandably our section of Coast, with a nearly uninterrupted series of very protected habitats (some garnering between four and five layers of designation, nationally and internationally), has been a very thorny problem for Natural England, who have nudged the consultation forward throughout the year. Once mooted for March 2017, now February 2018 (the original target date for implementation was March 2018).

Although a habitat adjacent inland route may be viable, the coastal margin created by the default spreading room designated in the Marine and Coastal Access Act 2009 would potentially create up to 3,500 acres of new access land on these easily disturbed habitats, where it would cause irreparable damage. We hope that Natural England will exclude these, but even if they do, the Ordnance Survey will not show those exclusions. Our main role currently seems to be to remind one and all of the immense importance of our Coast with greater fragility and importance than the precious habitats of the Crown Lands that typically draw our focus.

The eight week consultation on the Highcliffe-Calshot stretch finally began on 14th March 2018 and is due to run until 9th of May 2018. The route itself (barring some quibbles) is reasonable, however the exclusions for spreading room are either incomplete or lacking classification for habitat protection.  The consultation documents themselves are of greater scale and complexity (the sensitive features appraisal alone, at 215 pages is three times larger than the equivalent document for any of the other published stretches), and yet we’re expected to comment on them within the standard 8 week consultation window.  The Sensitive Features Appraisal is rife with error and stops short of a full Habitats Regulation Assessment (relying on flimsy mitigation measures which have failed elsewhere).  We could go on (and we will elsewhere….), but in short, the needs of our habitat point up severe flaws in the legislation, specification and consultation processes.

Recreation Management Strategy

The welcome review of the NPA’s Recreation Management Strategy has been mentioned above in this annual report. Unfortunately the public survey reiterated paragraphs from the current strategy alongside each potential subject heading, leaving some confused as to whether to respond to these remarks or implicitly approve them? For our response we asked that the next RMS should feature priority projects with clear objectives and timeframes. We proposed a comprehensive review of recreation infrastructure within the park, including surveys of habitats, campsites and parking, with actions leading to a provision that is ‘Fit for Purpose’. We proposed initiatives to raise the profile of the National Park so the decision makers of adjacent Authorities and communities become more aware of their impacts on the Forest and ‘Section 62 Duties’, create adequate, proportional mitigation, and petition Central Government for more strategic targets to take pressure off the Forest. We also asked for clearer messages in Education that would easily highlight the Forest’s need for protection as a National Nature Reserve, Working Farm and Working Forest.

Our full response to the RMS survey is here. Subsequent remarks on the Park Authority’s flawed draft interpretation here.

Going Forward — Other areas of concern to address in 2018:

Dibden Bay (ABP) / Fawley Power Station (Fawley Waterside Ltd)

Along with Associated British Ports revisiting their goal of a deep-water container port at Dibden Bay, our Association and the whole of the Forest will be facing many challenges for renewed development of the already heavily urbanised Waterside. This includes the proposal by Fawley Waterside Ltd for the development of a new town, with an estimated population of 3,500 on the site of the Fawley Power Station. The development on the brownfield portion of the site, originally exempted from the National Park, might be hard to resist, but the current proposal includes a ‘village’ built out into the National Park on Tom Tiddler’s Ground*, which is a young coastal grazing marsh and forms a rough habitat that is prime for rehabilitation.

— excerpted with updates and links from the NFA Habitat and Landscape Committee Annual report, by Committee Chair, Brian Tarnoff

* Tom Tiddler’s Ground is considered over several pages in committee member Clive Chatter’s tome Flowers of the Forest.

Finally, we should note that many of our committee members were involved in steering the process which led to the purchase by the RSPB of a major landholding in the Forest, now to be known as RSPB Franchises Lodge.  We’ve been embargoed from discussing this effort as it has unfolded over the years (and at long last announced on 23 Mar 2018).  I wish to thank the RSPB for the purchase, and the members of our committee who identified and shepherded this opportunity to fruition.

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Friends of the New Forest help to purchase ‘a secret forest’ in the north of the New Forest National Park.

RSPB Franchises Lodge - credit Terry Bagley

The trustees, members and supporters of the Friends of the New Forest (New Forest Association) are celebrating the purchase of a nature reserve, near Nomansland in Wiltshire, which is being hailed as a significant opportunity to create a nature rich bridge between two already internationally important areas.

Franchises Lodge, is a 386 hectare (almost 1,000 acres) woodland of deciduous and conifer trees. National wildlife charity RSPB, which has been the lead organisation for the project, describes it as a “secret forest” that – because it has largely been inaccessible to the public for many years – is home to a wide range of birds, invertebrates and plant life. The acquisition has been facilitated through a gift in respect of a settlement between the previous owners and HMRC, a generous legacy, and support from the New Forest National Park Authority and the Friends of the New Forest.

Mike Clarke, the RSPB’s Chief Executive said: “This is one of the most significant purchases in our 129 year history.  It is also our first nature reserve in the New Forest. We are delighted to take on the land from its previous owners who we know are passionate about the site, its woodlands and wildlife and we hope to build on their work over the years, safeguarding it for future generations.”

In its vision for the near 1000-acre site the RSPB will be focusing on maintaining the existing broadleaf woodland, enhancing areas of wood pasture and recreating open heath.

To date, the site has been under the careful stewardship of the previous owners.  Initial surveys confirm the site has a good woodland bird community, including wood warbler, hawfinch, spotted flycatcher, firecrest and redstart.  These woods are also known to be fascinating botanically, with an internationally important lichen community. It’s also good for a range of invertebrates, from beetles to butterflies.

John Ward, Chairman of the Friends of the New Forest said:

“I am delighted to see the successful outcome to a process which we helped inaugurate.

The Friends of the New Forest were a primary influence in initiating and motivating the project.  Some of our Council members were able to provide expertise and guidance to the partnership group that was set up under the leadership of the RSPB. The team at the RSPB has put in a tremendous amount of work over the past five years. We are inordinately grateful to them for managing the project and achieving the significant result we are celebrating today.

The Friends of the New Forest could immediately see the benefit from an extended ‘New Forest’ on several grounds, including heathland habitat restoration, potential to reduce pressure on existing lands, and an opportunity for links with other areas through wildlife corridors and were able to contribute £25,000 towards the purchase of the site.

I would like to thank our members and pay tribute to those who have given donations and gifts in their wills that have enabled us to support this worthy project. We feel this justifies their faith in our work of protecting and restoring the unique character of the New Forest. This is a great day for the New Forest and I am exceedingly proud of what has been achieved by collaborative working.”

The RSPB is now working with partners on an ambitious 25 year vision for Franchises Lodge. To realise the site’s full potential for people and wildlife the RSPB will be launching a major public appeal in May.

Although there are public rights of way through the site, there is no car parking or facilities on the reserve and these are limited nearby. The RSPB is therefore not encouraging visitors at this time.

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Presentment: England Coast Path Consultation

ECP with Exclusions, SSSI, SACWe are now one week into the consultation on the Highcliffe to Calshot stretch of the England Coast Path. This well meaning but unnecessary project will create non-historic rights of way with new access rights to the seaward side of the route. This will bring disturbance to the most remote areas of the National Park, will exacerbate the verge parking problem, and potentially threatens to convert over 3500 acres of protected habitats into coastal access.

Natural England has the power to exclude sensitive habitat from automatic inclusion in coastal margin access, but their proposed exclusions are incomplete. There are gaps such as one through National Nature Reserve at Simm’s Wood and Steerley’s Copse where walkers emerging suddenly onto the Beaulieu estuary from the woodland screen would cause a widespread startle response, serious disturbance to the wintering birds on the eastern shore, where surveys have shown nearly double the population of the west side, likely due to less disturbance. Salt Marshes and Flats are excluded under Section 25 Public Safety where Section 26 Nature Conservation exclusions should have priority and permanence. Elsewhere, vulnerable wader roosts on vegetated shingle beaches, including one of the most provably undisturbed, have not been excluded. In the context of the Government’s 25 Year Environment Plan which promises stronger conservation of both designated and undesignated habitats, not enough has been excluded to fully protect these fragile areas.

Worse, any exclusions are made a nonsense by the Ordnance Survey decision to show all potential spreading room in coastal margin as access land [under a purple “wash”]. Estimate of the current proposal excludes at least 75% of this area. As many online and smartphone apps license the OS data, this grotesque misrepresentation will mislead visitors into those areas we most need to protect. It is vitally important that all interested parties deter the Ordnance Survey from inaccurately depicting our coastal protected habitats as access land on the allegedly definitive map.

Whilst many of its problems do not directly fall under the Verderer’s remit, So far, one commoner has noted the Path route cuts through fields used both for back up grazing and seasonal running of stallions with mares. This finds the route and seaward coastal margin access unwelcome and unsafe. We hope the Verderers, not just through their direct responsibilities on the Crown Lands, but as supporters of commoning and as a member of the National Park’s Recreation Management Strategy Steering Group, will call for resolution of these problems before the route is approved and implemented.

The Natural England consultation on this stretch runs until 9 May 2018, more information, criticism and analysis may be found on our website newforestassociation.org.

On the above map the approximate ECP consultation route is shown in orange (part of Chapter 3, and all of Chapters 4 and 5 of the proposal, the Orange diamonds showing the chapter divisions).  The North Solent Site of Special Scientific Interest is outlined in magenta pink with diagonal hatch, and the Solent & Southampton Water SPA is shown in orange with vertical pinstripe.  Areas wholly excluded from Coastal Margin year round under Section 26 Nature Conservation are depicted with a grey overlay.  Section 25a Exclusions under Public Safety  are not depicted, but apply only to the Salt Marsh and Flats portion of the SSSI along the Beaulieu estuary (but not its terra firma), and the similar area from the mouth of the Lymington river and including Keyhaven (not on this map).

This presentment was given unusual consideration by the Verderers, as the Court had opened with no announcements, the brief report on animal accidents, and no other presentments, and was closed in record time, just as our presenter appeared.  It was suggested that perhaps the Court had started early (before the 10 am chimes from the  Church of St Michael and All Angels, Lyndhurst), so the Official Verderer allowed the late entry.

We thank the Court once again for that kind indulgence, and wish to convey our suitable mortification to all those present in the court who bore with the ensuing delay as one of the Elected Verderers was then recalled from his hasty exit to the Queen’s House Library.  A similar, but less dramatically sited, statement about the England Coast Path was given the following day at the New Forest National Park’s Authority Meeting under its Public Questions agenda item.

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