Chorleywood Common, Hertfordshire
YET ANOTHER VICTORY FOR RIDERS RIGHTS
The Council has abandoned plans to enclose the Common for Conservation Grazing
Chorleywood Parish Council have written to Tony Barnett
Says the Chief Executive, Yvonne Merritt
Further to your e-mail, unfortunately we are unable to forward the information requested within the time scale as set out in the Freedom of Information Act.
However, the Council has decided not to enclose the Common for Conservation Grazing for the time being.
The records relating to Chorleywood common are held at the County archives, therefore you may wish to contact Herts County Council for the information you seek
Tony Barnett explains the background
"THE FUNDING HAS BEEN OBTAINED UNLAWFULLY."
Says Tony Barnett
THE COMMON LAND HAS NOT BEEN REGISTERED UNDER THE 1899 ACT, THEREFORE IT IS ONLY ASSUMED THAT IT HAS BEEN.
AS IT IS ALSO NOT SUBJECT TO ANY REGULATION ACT, THE FUNDING HAS BEEN OBTAINED UNLAWFULLY.
THE COUNTY COUNCIL OF WHICH THEY ARE THE REGISTERING AUTHORITIES FOR THE AREA HAVE ALREADY STATED THAT ANY FUTURE OR ATTEMPTS AT ENCLOSURE WOULD BE PROHIBITED.
THE COUNTY COUNCIL ARE ALSO UNDERSTOOD TO BE MAKING INQUIRIES INTO THE CLAIM BY YVONNE MERRITT INTO GRAZING RIGHTS, SHE CLAIMS ARE CORRECT.
AS COMMONERS RIGHTS ARE SUBJECT TO THE "QUANTIFICATION" LEGISLATION, AND THE PROHIBITION BY COMMONERS TO "LET" THEIR REGISTERED RIGHTS OUT, OR TO ENTER INTO ANY "AGISTABLE" AGREEMENT, THE PARISH COUNCIL ARE OUTSIDE THE LAW.
BEFORE ANY BYE-LAW MAY BE MADE, APPLICATIONS MUST BE SENT TO THE MINISTER, TOGETHER WITH AGREEMENTS WITH COMMONERS TO ALLOW "RECREATION" ON COMMON LAND UNDER THE 1899 ACT.
THIS DOES NOT INCLUDE ENCLOSURE.
AN "OWNER" OF COMMON LAND IS NOT CONSULTED OVER THESE MATTERS AS TO WHETHER HE/SHE AGREES OR NOT.
"QUANTIFICATION OF GRAZING RIGHTS"
S 15 OF THE ACT ACT PROVIDES THAT ALL GRAZING MUST BE QUANTIFIED,THE ACT HOWEVER GIVES NO GUIDANCE ON HOW THIS SHOULD BE DONE, IN HIS DECISION IN THE MATTER OF TRACTS OF LAND )268/D/283-87 ON 7-12-79 THE CHIEF COMMONS COMMISSIONER HELD THAT THE CORRECT METHOD IS BY THE RULES OF LEVANCY AND COUCHANCY, DESCRIBED BY LUSH-V-LORD ONSLOW (1877) 2 QBD 433; the right to turn out is measured by the capacity of the commonable tenement to maintain;it is to turn out as many commonable animals as the winter eatage of the tenement together with the hay and other produce obtained from it during the summer is capable of maintaining.
THIS WAS THEN TO PREVENT "SANS NOMBRE"