Top Menu

Tag Archives | Verderers

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

0

Guest Post: High Level Stewardship AGM 2018 — Official Verderer

The New Forest HLS is England’s largest environmental improvement scheme, launched in 2010.  The scheme is managed through a formal partnership between the relevant statutory bodies for the Crown Lands: the Verderers, the Forestry Commission and the New Forest National Park Authority.

This year the AGM was preceded by an Open Day afternoon in the Garden of Queen’s House, featuring stands and displays from representatives of various HLS projects, festive New Forest Marque nibbles, and a mare and young foal (perhaps one of the first many had seen for the year).  Here Lord Manners, the Official Verderer, reflects on this year’s achievements.

Today

I hope you have all had an opportunity to visit the open day and enjoy the new format. Do please give us your feed back on what you thought worked and on any areas where you think we could have done things better or differently.

As we have had an open day there are no speakers or presentations this evening apart from me. In the next few minutes I propose to run over some of the highlights of the past year.

Education

I would like to start by mentioning the educational aspect of the HLS. It is vital that we do as much as we can to educate our school children about the special qualities of the Forest.

2136 pupils from 47 schools were able to take part in educational visits this year, thanks to HLS education access funding. The slight decrease in numbers is due to curriculum changes at GCSE level. Schools visited all through the year. Human impacts and activities, and investigation of the special qualities of the Forest have remained the most requested teaching sessions. HLS funding ensures that the schoolchildren visiting the Forest not only enjoy their visit, but leave with a much greater understanding of its heritage and landscape.

Lost Lawns Restoration – Tree and scrub management

Consultation site visits took place in March to view the following lost lawn locations: Bramshaw, Brook Wood, Broomy/Splash Bridge and Milking Pound Bottom. Following the issue of a felling licence in September works commenced at 2 out 4 sites – Splash Bridge/Broomy (Dockens Water) and Milking Pound Bottom. At Elkhams Grave, Trenley Lawn, Red Rise tree and scrub felling took place as agreed with consultees. At Bolderwood hollies habitat restoration and pine clearance of some mature trees was carried out. Slender Cotton Grass habitat at Holmsley bog was cleared of willow and birch encroachment. A total area of 66 Ha was achieved.

Wetland Restoration

In Summary the following wetland restoration areas were achieved:-

  • 2532m of meanders were restored.
  • 1078m of drain was in-filled
  • 1079m of channel was bed-level raised

Two planning application sites were part completed:

  • Wootton Riverine Woodland Phase 1 was completed following the work that was undertaken last year.
  • Pondhead (Parkhill Lawn, Matley) was part completed. Weather and seasonal constraints limited full completion in 2017.

Noads Mire This site has been re-programmed into the summer 2018 wetland restoration works and will be completed by George Farwell.

Ferny Crofts South was also partially completed this year.  However due to the weather delays experienced on site through August and September 2017 it was decided that the completion of this site should be delayed until August/September 2018.

Coxlease Lawn. The site was subject to wet weather delays for seven days. The site became too wet to continue work within the 2017 wetland restoration season and it is proposed that this work will be completed in 2018.

The short wetland restoration season was curtailed further by wet weather causing many of the sites being too wet to work for large periods of the summer. Work was not possible due to wet ground conditions on approximately 45 days out of a possible 105.

Bracken Management

This was carried out by two local contractors MJ Hoare and Dan Shutler. 33 days of bracken forage harvesting was carried out between them covering a total area of 69 Ha.

The bracken sprayer covered an area of 134Ha over the following sites: Bolderwood, Turfhill, Sloden and Milkham.

Control of Non native species

Non-native plant management was carried out across the Forest, thanks to the hard work and dedication of Catherine Chatters and her hardworking team of volunteers. This involves control of Pitcher Plants, monitoring and controlling Cotoneaster, Control of Parrot’s Feather, Japanese knotweed, Pickerel weed, Yellow Azalea and Golden Club.
Rhododendron. Cut & burn areas were tackled in January on the beat of Patrick Cook, site locations covered include the following SSSI units: Busketts, Ironshill, Rhinefield, Bolderwood, Burley through to Anderwood, Knightwood, Gritnam, Allum Green, Acres Down & Lucy Hill. Total time spent equivalent to 80 man days. Rhododendron spraying was carried out at Acres Down, Burley, Minstead and Allum Green, Bolderwood.

Gemma Stride, HLS Monitoring Officer

Riverfly Partnership

Volunteer rangers have been carrying out surveying of specific wetland restoration stream sites for riverflies, since 2015. All of their collected data has been input into the National riverfly database, and used locally to see abundance scores of riverflies and how they have re-acted before and after restoration. I would like to express particular thanks to those volunteers for participating in what is an extremely valuable but painstaking process.

Programme of Data Processing and Ground Surveys for Historical Features

2017 saw a successful survey season with the target coverage of 2,013 hectares reached. This work involved 131 volunteer days. Again I would like to express my thanks to the volunteers. During these days the volunteers helped to record archaeological sites, undertake detailed geophysical surveys of specific sites identified during the Lidar surveys and clear vegetation from scheduled monuments. During 2017, work also continued to clean survey data and submit records to the County Historic Environment Records Office. All the above work continued to feed into wetland restoration, lost lawn, verge restoration and ridge and furrow proposed schemes. Of the 20,130 hectares to be surveyed during the HLS scheme, only 3,342 hectares remain to be surveyed. This leaves 1,671 hectares to be surveyed during 2018. This work started in January. Work will also continue to identify monuments that require restoration works and collaboration between the appropriate parties to ensure the best results for the monuments and the habitats they are found in.

Beaulieu Road Sales Yard

Grazing Management

The HLS supports a wide variety of activities in order to maintain and improve grazing management.
494 Commoners received grazing payments

The HLS makes funds available to improve and develop Infrastructure for Livestock Management by means of a Small grant scheme. The HLS delivered 39 grants in 2017 for contributions towards stock handling systems. 15 grants are still to be claimed for 2017.

The HLS also makes funds available to improve and develop infrastructure for livestock management by improving sightline fencing and drift fencing,

Projects delivered were Boltons Bench: 120m Drift style fence, Pilley Allotment : 210m of wire fence, Hatchet Mill : replacement of oak split rails, Burbush : 85m of oak sightline fencing.

Sloden & Trim Holly Pounds were rebuilt in 2017.

Improvements to the welfare standard for ponies are achieved through the pony welfare scheme. The number of ponies entering the welfare scheme has increased this year as commoners are becoming more aware of the scheme. The scheme does appear to be reducing the older mares on the Forest as we are having less welfare issues over the winter.

Improvements to the value and diversity of the New Forest Pony Breed is achieved through the New Forest Livestock Society

The New Forest Livestock Society receives VGS funding towards the cost of marketing in order to increase sales at Beaulieu Road. The aim is to provide known potential buyers with regular reminders about sale dates, and to advertise the sales as widely as possible to attract new customers.

Looking ahead

This year the HLS is funding ridge and furrow restoration and stump removal in areas that have been felled. I think these are particularly exciting projects as they will not only improve the habitat but also improve the restored areas for stock and making drifting over those areas possible. I would encourage you to visit the area recently restored at Dur Hill as an excellent example of what can be achieved.

We have now completed 8 years of the Verderers HLS. The current scheme expires in February 2020. The Forest Farming Group, under the energetic chairmanship of Oliver Crosthwaite Eyre, is actively engaging with Government both at the political level and with the relevant civil servants. Our strong preference is for a bespoke, flexible scheme that suits the needs of the Forest. It is too early to say what the future holds but I am confident that the public and environmental benefits delivered by the Forest make it a strong candidate for future support.

Finally a thank you to the many people who work so hard to deliver the benefits of the HLS, they are too numerous to mention but they know who they are and they are due thanks not just from me but from all of us.

Lord Manners
Official Verderer
25 April 2018

Provided with permission by the Official Verderer, to whom we send our thanks.
0

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.

0

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.

0

Presentment: Recreation Events at Night


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

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

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

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

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

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

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

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

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

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

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

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

0

Recreational Harm : Presentment from the Commoners Defence Association

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

The September court heard several presentments on pressures and abuse of the New Forest. The CDA supports such concerns.

Commoners have long been involved in educational efforts. But education alone will not suffice for companies that see the Forest as a profit opportunity, or for those who care only for their own entertainment.

Enforcement action is a sad necessity. In 2005 the Forestry Commission prosecuted one of the kite-buggy riders using Wilverley Plain*.  That sent a warning to others.  Similar resolve is needed on other routine breaches of the byelaws.

I would highlight two current issues that typify the challenges that can only be resolved by the Forestry Commission:

  • The Ordnance Survey, another public body, has started to facilitate mountain-bike trespass; allowing subscribers to its online mapping service to upload their routes for others to follow. The Forest is now covered with these unlawful routes.
  • On 2nd December the Forest will face its first commercial event in the hours of darkness. It is sponsored by a headtorch company, and hosted by Foxlease. For £30 entrants are offered the thrill of a night-time incursion into Forest. The company says that the racer will have: “a wealth of wildlife to keep your mind occupied”.  **

Both of these are abuses of the Forest that the Forestry Commission could and should stop. It seems that the tranquility of the Forest is being sold to anyone capable of making money from it whilst we all stand by. Our livestock and this special place deserve much better and we would urge to Court to do whatever it can to make this case.

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

* Verderers Court minutes, January 2006 (item 2006/2082).
** This event is promoted by Maverick Race as part of their Silva Dark Series of night time trail running events, Silva is the headtorch sponsor.  http://www.maverick-race.com/races/silva-dark-hampshire-2017

0

Saving the Future of the Forest: a Verderers Court Presentment

Here we welcome a guest post from one of our Members, Ian Thew of Burley, who gave this Presentment in this month’s Verderers Court.

Official Verderer, members of the Verderers Court, good morning and thank you for this opportunity to speak to you..My name is Ian Thew and I live deep within a New Forest Inclosure and for many years I have been an active New Forest Sporting Licencee; in consequence of which, I’m probably more aware of what is happening on the Forest than most people.

I am here today to express my fears for the future of this unique place that we call the New Forest. The New Forest National park is the smallest and in many ways the most fragile of all the National parks but contains more special designations protecting fauna and flora than any other. During the past few months, I have witnessed enumerable off-road and night-time cyclists; many, so called, wild campers; overnight camper vans in Forest car parks; several incidents of fly-tipping and on two occasions my wife and I have been subjected to, all night long, heavy base music bouncing across the Forest and, on another occasion, we had to deal with a party of rowdy scouts at 1.30 in the morning. I could go on but I do not wish to waste the time of this court; I am merely trying to demonstrate the enormity and the variety of the abuse that this Forest is being subjected to.

It is obvious, from the overflowing car parks and the masses of gazebos and tents that sprout-up like small villages across the Forest during the summer, that there are just too many visitors for this fragile environment to cope with. At the moment, recreation is taking precedence over conservation and protection of the environment which is in direct contradiction of the Sandford Principle.

There is no doubt that visitors are here to stay and, as one who makes part of his living from tourism, their business is welcome. But, for the sake of the future of the New Forest, their numbers must be limited to a sustainable level and their activities must be restricted to those that do not inflict harm on this very special environment. The ground rules should be clearly apparent to all who come here so that ignorance cannot be used as an excuse by those who offend and, similarly, it should be policed and there should be provision to enable those who are protecting the interests of the Forest to penalize or prosecute those who choose to ignore these rules.

Enforcement of the by-laws on the New Forest Crown Lands is the responsibility of the Forestry Commission who seem to be reluctant to prosecute offenders. Furthermore, we have been told that budgetary restrictions have reduced the numbers of front-line people on the ground. But this cannot be used as an excuse for the ruination of the New Forest and the necessary funds must be made available to enable sufficient policing and prosecution when necessary.

This budgetary shortfall is now common knowledge and I am often rendered speechless and helpless when informed by offending, anarchistic visitors that there is nothing I, or anyone else, can do about them. Surely it’s time that something is done, before it is too late, to stop these people, who are hell bent on destroying that which we all love and cherish and that which the majority of people come here to enjoy.

That his Forest is under threat is obvious to all; so what are we going to tell our grandchildren or our great grandchildren when they ask us why we didn’t do something to save it before it was too late?

I request that the Verderers use the authority of this court to urge the Forestry Commission to police the New Forest and enforce its by-laws and, similarly, to urge the New Forest National Park Authority to exercise their duties in accordance with the Sandford Principle.

0

Presentment: Thanks to FC for continued Fungi policy / England Coast Path shortcomings

Fungi

The NFA hope the Verderers will join us in thanking the Forestry Commission for their continuing attempts to protect fungi vital to the habitat of the Crown Lands. As they did last year, the FC are still working to disrupt the illegal commercial picking and appealing to the public not to pick as well. In this, the Forestry Commission are fulfilling their legal duty as stewards of the Forest habitat.

The national code of conduct[*] says It is inappropriate to pick fungi from SSSI or National Nature Reserves – the Crown Lands have the Status of both. It is explicitly illegal on National Trust land under their byelaws, and would be illegal under the FC byelaws[†], but for the loophole created by reclassification of fungi as separate to the plant kingdom.  Under the Wildlife and Countryside Act 1981[‡] on SSSI’s “intentionally or recklessly destroying or damaging flora or fauna by reason of which land is of special interest” is an offence. The New Forest is one of the few SSSI’s so notified for the special interest of its fungi.

Picking any of the Red Band Rare Species of Fungi[§] is absolutely illegal by anyone, anywhere, and carries £5k fine per item with jailtime and vehicle forfeiture. The NFA believes that prosecution of these offenders would discourage commercial foragers more than lesser penalties under the Theft Act 1968.[**]

England Coast Path

I listed some of the England Coast Path’s shortcomings at the July Court, now a short update.

Currently the Natural England Coastal Team have offered a Sensitive Features Appraisal to determine exclusions for habitat, a very narrow consideration of features at risk. Unless this were to exclude the route, spreading and coastal margin from the highly protected areas out of hand, we should insist upon the more comprehensive, higher standards of a Habitats Regulation Assessment.

The new timeframe for the Consultation on the Highcliffe to Calshot stretch (set to begin between September 27th and October 19th ) unfortunately the majority of the consultation would fall before the next meetings of both the New Forest Consultative Panel, and the Local Access Forum, after next Monday’s meeting of the National Park’s Recreation Management Strategy Steering Group and with no planned meetings for the Advisory Group. This threatens to exclude any measured joint response from local stakeholders. As a member of the Steering Group, we hope the Verderers will join us in calling for an extraordinary joint meeting of both RMS groups to consider the consultation. Natural England are blaming their “parent” DEFRA for the time frame, and a looming March 2018 implementation date. We may need to remind both government departments that they should not be forcing a rush to judgement where disturbance to our most remote, isolated and protected coastal habitat is concerned.


[*] The Wild Mushroom Picker’s Code of Conduct 1998

[†] FC byelaws 1982, Section 5 Prohibited Acts: “No person shall in or on the lands of the Commissioners: … (vii) dig up, remove, cut or injure any tree, shrub or plant, whether living or not, or remove the seeds therefrom, …”

[‡] Wildlife and Countryside Act 1981 Section 28 (P)

[§] Schedule 8 Wildlife and Countryside Act 1981

[**] Given the indiscriminate harvesting by commercial pickers, it is likely that, if caught, their haul may include samples of rare species which may be used in evidence.

0

Presentment: England Coast Path

Legislation has mandated the England Coast Path, which in other regions may provide useful alternative recreation, pleasant views and tourist destinations. For the New Forest it will invite more disturbance into our most precious coastal habitats, a nearly uninterrupted series of highly designated and protected zones of international importance.

There is no funding for mitigation and little regard for infrastructure; some stretches, near or on small country lanes in the most remote parts of our coast, precisely where we wouldn’t want to exacerbate the verge parking problem.

The Ordnance Survey will show the entire “coastal margin” (the entire seaward side of the path) as “access land”, without delineating exclusions. As the route is likely to be significantly inland and much of our coast will be excluded for habitat protections, this depiction will be grotesquely inaccurate. Arguments will be had with visitors assured by the allegedly definitive map that they (and their pets) may trespass on bird nesting grounds regardless of what the signs say. The Ordnance Survey should restrict their illustration to the route of the path itself, and only show coastal access land as it unambiguously exists now at Calshot, Lepe Country Park and other similar extant areas.

Unfortunately these problems will be pertinent wherever it may be proposed, and we expect the consultation on the Lymington to Calshot route from Natural England later this month. We hope the Verderers will help press the case with the Ordnance Survey and will resist the worst excesses of this arbitrary unnecessary exercise which will bring not a jot of benefit to the Forest.


[Note: this is the graphic that may appear on some of the OS maps. There are weak provisos that the OS will claim covers the issue. These do not even mention exclusions for habitat protection. There is no guarantee that this language will even be included on all relevant OS maps, nor that they will be featured at any remarkable scale for legibility.

Excluded areas will be the majority of the margin along our coast, and should either be shown accurately, or not shown as access land at all.

Natural England have the unhappy task of negotiating the route, and they and the National Park Authority will be responsible for signage and maintenance of any physical barriers to nominally protect the route.
]

0

Presentment: Latchmore Brook: Part 2: Wildlife, Materials and Beauty

In a feat of both irony, and good timing thematically, the presenter met the five minute limit for Presentments, and was cut short. The first part was an apology from the New Forest Association for not displaying our support for the Latchmore project “often enough, publicly enough, or possibly well enough.” allowing snide comments and poor treatment of the Verderers, Forestry Commission and National Park Authority to stand.

The second part shifts emphasis to addressing areas that concern all of us about the project, Wildlife, Material Delivery Routes and Beauty.

…I won’t make up for lost time now.  I have a critique of more than ten errors on just one of their webpages which I’ve sent separately to the Verderers (on our news page).  But I beg the courts indulgence to address a few points.  Amongst the more emotive subjects, the potential disturbance to and loss of wildlife in the implementation itself.  Of course this is of concern, but there’s a reason why we view the end-of-days prognostication of those opposed as baseless conjecture.

2119.  Two thousand One Hundred and Nineteen.  This is the non-exclusive number of completed River Restoration projects in the UK since 1994 listed in the database of the River Restoration Centre.   Some smaller, some larger: the Cumbria River Restoration Strategy (CRRS) a partnership project between Natural England, the Environment Agency and the Rivers Trusts of Eden, West Cumbria and South Cumbria won the 2016 UK River Prize. They restored 14 km of river across the three catchments to a more natural form.  Not all restore meanders, only 1593 had Habitat objectives, some were done for Flood Risk, Fisheries, etc. 120 are listed as a result of Community Demand.  But all would have had the issue of disturbance to wildlife.  Projects including hundreds of Rivers Trusts, Catchment Partnerships, private estates, the Royal Parks, the National Trust, amongst others.  When the RSPB, and the Wildlife Trusts, and their ecologists support the Latchmore Brook project and other Forest wetland restorations, they do so with their experience, including many projects on the land they manage.  If the consequences, in 22 years and 2119 projects, were as dire as the leaders of the opposition contend, I should think we’d have heard about it by now, or certainly their researches would have brought this to our attention.

We do all share concerns about the project.  The New Forest History and Archaeology Group have raised issues with the survey, we believe they are surmountable and encourage all interested parties to work towards a solution.

Movement of materials to the site may cause disturbance and inconvenience to those along the delivery routes.  I’ve seen and heard alarming figures, 70HGV movements a day or 44000 HGVs, which I’ve discovered to be ridiculously overblown.  Not that I blame anyone for getting this wrong as the planning documents do not lay out the information in a helpful way.  I’ve already had a private go at the FC and LUC over their need to provide concise and useful figures for the public to properly convey the size of the issue.  The route through Ogdens, for example, we’ve been told this will be used in three years of the project, which is worrying, but hazard a guess at how many days would be necessary for deliveries through Ogdens in 2017 – 6, 2018 – 1, that’s right in 2018 they only need to make approx 7 deliveries on that route that year, 2020 – 28, of course that will bear more discussion, but it brings perspective. For the entire project all routes all years combined there will be fewer than 10k HGV movements, fewer than 11k in the worst case scenario we’ve run.  I’ll be putting up our numbers on our newspage later today, available to all, even if you want to scare people with numbers at least you can use realistic figures.

Finally, many are rightfully concerned about the future beauty of the Latchmore Brook.  Walking along Latchmore Shade, you will clearly see the original meanders.  In some cases you will see this as gently undulating curves written as a gentle scar in the landscape, it is easy to imagine a pleasant stream flowing along this course.  Elsewhere the meanders have been eroded into unattractive ruts, and in other places the area between the current water course and the meanders become a quagmire when the drains rush water into the area, the flood in the now dysfunctional flood plain is partially contained by the meander, not allowing much onto the adjacent grazing.  Fixing this will not make the area any less beautiful.  I spoke of the prizewinning project in Cumbria, which we may begrudgingly agree is also an iconic landscape.  That project was twice the size of Latchmore.

Look at Warwickslade Cutting and Fletchers Thorns amongst many of the completed restorations which have bedded in, they look absolutely lovely now.  There are many to choose from, but don’t impatiently show up moments after the diggers left and expect an instantaneous transformation.  Give nature time to do its magic.  After all nature took its time creating those meanders before they were ruined.

— Brian Tarnoff, Chair, Habitat and Landscape Committee
New Forest Asssociation

While this second part was not read in the open court, the full presentment was distributed in written form to the Verderers, as well as the Annotated Fact Check of the Latchmore Crowdfunding Page.

Much of this half of the Presentment was repurposed in the Public Questions section of the subsequent National Park Authority meeting, with an emphasis on addressing the PR problem now faced by Wetland Restorations in the wake of the leaders of the opposition to Latchmore’s concerted campaign of misinformation, misrepresentation, hyperbole and pseudoscience.