Caring for Common Land
Notes of a talk to the Annual Parish Meeting, May 24th 2022
Guest speaker Alex Cruickshank, on behalf of BBOWT
Alex is a consultant engaged to work closely with Brill Parish Council to advise on the future management of Brill Common. His involvement with common land stretches back over 20 years, starting with Roydon Common in Norfolk and including, most recently, Greenham Common, once a US airbase and now a successful nature reserve. He works with anyone keen to “make their land better for wildlife” with particular expertise in bringing together the various threads of common land management for the benefit of both wildlife and people.
Before proceeding with his presentation to Brill’s Annual Parish Meeting, Alex reminded us that it was a general talk rather than specific to Brill Common.
High Summer on Brill Common
What is common land?
For many hundreds of years, from Roman times to the 17th century, open field systems were organised around parishes and villages. There were very few hedgerows or trees, families tended small strips of land, rotated each year, and livestock grazed on wetlands or land unsuitable for arable.
The open field system continued until the Agricultural Revolution when innovation in farming practices led to greater efficiency. Land became more valuable and landowners used Enclosure Acts to kick peasants off open fields in order to use the land in a more efficient way. The peasants removed from the land were given recompense in the form of common land, on which they had the right to collect firewood, right of pannage, and right of grazing.
The history of Brill Common is different to that of many common, it being originally part of the royal forest of Bernwode.
Why are commons important?
Some people still get their living from common land but relatively few. Even so, commons are still important:
For recreation
To halt development; commons are some of the most protected pieces of land in the UK since permission for development is required from both the Local Planning Authority and the Secretary of State for the Environment
To preserve and promote wildlife; many commons are sites of special scientific interest (SSSI). Brill Common is a designated ‘Local Wildlife Site’.
How should commons be looked after?
Although the owners of common land should listen to interested parties but must remember that they are ultimately responsible for management and decision-making.
Commons need to be safe - from encroachment and for wildlife. The “spider-like shape” of Brill Common makes the former much harder; the “more edges you have, the more problems”.
Commons need a grazing regime that benefits wildlife. Grazing created most of the country’s commons and continues to build different habitats. Grazing creates a unique vegetation structure; a “cityscape for wildlife” with tall bits and shorter bits. This variety cannot be achieved by mowing. Grazing naturally reduces nutrients. This is good for wildflowers because many plants are reliant on relatively low nutrient levels. Finally, grazing manages scrub.
Like many commons, Brill Common is made up of three distinct habitats: grassland, scrub (also a valuable habitat) and woodland consisting of taller trees, shrub, under-storey, and ground cover. Although trees are a valuable resource in the fighting climate change, a balance needs to be struck between open habitat and trees.
Commons also need appropriate access and facilities for recreation. People should be guided to understand the value of Place in order to minimise their footprint. Guided walks, signage and an informative website all may play a part.
Conclusion
Alex’s written report offers more information and advice specific to Brill Common. If, after we have read the report, residents need more information, he would be happy to visit again and talk to us. We do not know yet what form the relationship between BBOWT and BPC will take; it could be a longterm arrangement with visits every month or so. Whatever the exact form, the relationship will be a “partnership to maximise benefit for wildlife and people”.
Questions from the floor
It used to be the case that if common land was occupied for a certain amount of time, the occupier could eventually “grab ownership” - or make “adverse possession”. Is this still the case?
If somebody occupies the land unchallenged for 20 years, they could claim the land - but it would still be common land. This is one reason why the registration of common land is so important. Brill Common is a "Registered Common” but it’s not registered with land registry as being owned by the parish council. BPC is working hard to get Brill Common registered with land registry, assisted by a specialist solicitor.
Why is registration with land registry so important?
If a common is not registered with land registry, incidents of adverse possession become more likely.. BPC’s solicitor should advise on the need or otherwise of a survey as part of the registration process. Current maps are generally relatively accurate. The parish council cannot retrospectively claim back land that has been subjected to adverse possession.
Could Brill Common benefit from the Environment Act 2020 and the provision for “bio-diversity net gain”?
Bio-diversity net gain is the process whereby wildlife and habitat in an area marked for development is “scored” and given a value. The developer is then obliged to offset this “value”, either within the development or elsewhere with the provision of a new meadow or hedgerow for example. In theory, it would be possible to use these credits to improve Brill Common BUT net gain credits cannot be used on the same enhancements as stewardship money. Furthermore, Brill Common is already in reasonably good condition so further uplifting may not be possible. As Alex pointed out; bio-diversity net gain is not a perfect system!
Does Alex’s report on Brill Common recommend significant changes to current management?
No, not specifically. The present “broad brush recommendations” are, basically, grazing and scrub management. He would have to get to know the common much better before offering more specific advice. His report identifies a number of “headline topics” that need addressing but “more listening” is required before details can be addressed.
Our current Stewardship agreement finishes in 2025. What should we be doing to secure it after that date?
The whole system is changing post-Brexit (and for other reasons). There will be new types of funding which we would probably have to apply for. This may be along the lines of a “landscape recovery scheme partnership” but there are presently “lots of unknowns”.
Are there any safe herbicides?
A tricky issue! Herbicides do have a value when prescribed in certain localities to address clearly-defined problems. The use of herbicides can save a lot of work and this can be very significant in the management of complex areas like commons. Herbicides are used in tiny quantities in nature conservation; not comparable to the much more extensive use in agriculture and horticulture.