RIDER RIGHTS

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Says Naomi Smith

Says Naomi SmithIt is all too possible to round a corner on horseback and come upon a group of cattle with no prior warning -this WILL result in a horse being badly spooked at best, bolting at worst -it is only a matter of time ........... read more

Bob Milton writes to Pippa Langford, Natural England

"- We are no further forward in advising your officers that they have to take into account existing public rights. There is just a blatant disregard to existing public rights of access and the effect that extensive fencing and grazing have on those using the land

- How can you sign contract agreements when your officers have little or no legal training in public access and your own internal guidance does not even mention that separate consent may be required?"

Says Bob Milton

Bob Milton resigns!I note from the attached and my cursory glance at some of the agreements that we are no further forward in advising your officers that they have to take into account existing public rights. There is just a blatant disregard to existing public rights of access and the effect that extensive fencing and grazing have on those using the land and in displacement. We were led to believe over a year ago that you and others in the grant system would deal with this issue but to date we have not seen any action despite your and others protestations.

How can you sign contract agreements when your officers have little or no legal training in public access and your own internal guidance does not even mention that separate consent may be required? Local authority landowners and managers are only interested in one thing raising money. Not doing their statutory duty either towards the reason for holding the land – public recreation but also conservation for which NE can not pay.

This was and is shown as agood example in the case of Hartbury where the reason given for granting the permanent fencing was to get HLS which in itself was a misrepresentation of the truth both by WCC and NE but was an out and out lie that WCC was the land owner when they are only vested under s9 to protect the land on behalf of the landowner from encroachment and have no powers except general powers to spend money under the LGA1992 and then that expenditure would be prefaced by the need to maintain the land for the dominant tenement which is public access and recreation.

Chorleywood is another where there are serious legal anomalies with the Parish Council supposedly owning to whom payments are being made. S193 and CA1899 apply to the land yet the scheme of regulation is with or should be with the Three Rivers UDC. Permanent fencing is an integral part of the agreement yet no attempt has been made to use exempt regulations. Such actions are a major unlawful drain on public finances and removes large amounts of CAP money from the true recipients of stewardship – farmers. It is not for statutory duty or as a way of financing local authority and government landowners whose main use is other purposes.

These and many other anomalies with the payment and agreement structure for HLS on common land and I seem to find something on every one I am asked to look at should be a priority for NE so as to mitigate the accusation of fraud yet such action does not seem to be forth coming even though you and NE have been made aware of the situation for some three years now

Bob Milton writes to Mark Weston,
British Horse Society Director of Access, Safety and Welfare

Bob Milton resigns!"We recommend that all access officers to contact every commons registration authority and every highway authority for your area and ask to be notified or HQ can do it on behalf of all officers. This should be repeated for all the seven pilot areas for re-registration and on rollout for all CR authorities otherwise we will not be able to track what is going on especially with time conditions of 1year for statements and 2020 for re-registration "

Says Bob Milton

Update for all access officers as to rights of way and greens statements of dedication

Also is an up to date list of all the lowland commons with new HLS agreements made by NE which as far as I know include fencing for grazing. You will see that it includes Yateley which they say there is no agreement yet there is with the MoD / HWT on the south side of the A30

I would suggest that the following is sent to all access officers.

Please let the office know if there is anything about which you are uncertain and we can tell you if we are already aware of it or whether it should be followed up with Natural England.

We recommend all access officers to contact every commons registration authority and every highway authority (in both cases the county or unitary council) for your area and ask to be notified or HQ can do it on behalf of all officers. This should be repeated for all the seven pilot areas for re-registration and on rollout for all CR authorities otherwise we will not be able to track what is going on especially with time conditions of 1year for statements and 2020 for re-registration

As for the new HLS agreements my initial trawl through some of them shows they all ignore existing public rights associated with s193/ CA1899/open spaces Act 1906/NTActs and the NPAC1949. I had hoped that the BHS would have got to the bottom of NEs refusal to instruct its officers on existing public rights and the need to use exempt grazing before requesting permanent fencing and also proving that extensive grazing works.

See the Rights of way and greens statements of dedication

List of all the lowland commons with new HLS agreements made by NE

Says Linda Wright

Says Linda WrightWe moved to a Shropshire location a year ago having surveyed the local OS map and noted the significant number of bridleways around the property. Sadly the map appears a total fiction. Scarce any of the bridleways are usable ........... read more

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