|
back to previous text
6 Designation of additional open space
(1) | If the Council acquire the whole or any part of the land shown cross-hatched black on the deposited map, being land which at the time of the passing of this Act is retained by the Secretary of State pursuant to the Intermediate Range Nuclear Forces Treaty 1987, the Council may at any time designate as additional open space the whole or part of the land which they acquire.
|
(2) | If, in the opinion of the Council, it would be in the interests of conservation or otherwise for the public benefit, the Council may from time to time designate such additional area or areas of land to be additional open space as appears or appear to the Council could conveniently be managed with the Common under the provisions of this Act.
|
(3) | A designation under this section
|
(a) | may be made for an indefinite period or for such period of time as the Council may specify; and
|
(b) | may be made subject to such limitations and exceptions as the Council may specify.
|
(4) | No land shall be designated under subsection (2) above, except with the consent of
|
(b) | every person who has a relevant interest in the land,
|
| and before designating any land under that subsection the Council shall consult any other local authority in whose area the land is situated. |
(5) | No rights of common shall be exercisable over land designated as additional open space under this section by virtue only of the land having been so designated.
|
(6) | A designation under this section shall be made by resolution of the Council.
|
(7) | A designation under this section may be revoked or varied by resolution of the Council passed by not less than three quarters of the members voting on the resolution at a meeting of the Council convened with not less than 10 clear days' notice of the purpose of the meeting.
|
(8) | Any land designated as additional open space under this section shall be managed as part of the Common under the provisions of this Act.
|
7 Establishment of Greenham and Crookham Common Commission
(1) | On the appointed day there shall be constituted a Commission to be called the Greenham and Crookham Common Commission for the purpose of exercising the functions assigned to it by this Act.
|
(2) | The Commission shall consist of 20 members of whom
|
(a) | three shall be appointed by the Council;
|
(b) | one shall be appointed by Greenham Parish Council;
|
(c) | one shall be appointed by Thatcham Town Council;
|
(d) | one shall be appointed by Newbury Town Council;
|
(e) | one shall be appointed by English Nature;
|
(f) | one shall be appointed by Greenham Common Community Trust Ltd, a company limited by guarantee and registered under that name;
|
(g) | two shall be appointed by the Central Council of Physical Recreation; and
|
(h) | ten shall be elected by the commoners in the manner provided by Part 2 of Schedule 1 and Schedule 2 to this Act.
|
(3) | One of the persons appointed by the Council under paragraph (a) of subsection (2) above shall be a person nominated by the Association known as the Greenham and Crookham Conservation Volunteers or, if that Association ceases to exist, such other association or body as appears to the Council to have purposes similar to those of that Association.
|
(4) | Each person appointed under paragraphs (a) to (g) of subsection (2) above shall be a person who appears to the body appointing that person to have special knowledge, experience or ability appropriate to the effective and efficient discharge by the Commission of its functions.
|
(5) | The appointing bodies shall consult together with a view to securing, so far as reasonably practicable, that persons appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the effective and efficient discharge by them of their functions.
|
(a) | following an election held under paragraph 6 or 12 of Part 2 of Schedule 1, less than ten Commissioners are elected; or
|
(b) | following an election held under paragraph 19 of that Part of that Schedule, a casual vacancy has not been filled,
|
| the Commission may make up any deficiency in the number of the elected Commissioners by co-opting as Commissioners one or more commoners who were eligible for nomination at the election. |
(7) | The provisions of Schedule 1 (Appointment and election of Commissioners), Schedule 2 (Rules applicable to election of Commissioners) and Schedule 3 (Incidental provisions with respect to Commission) to this Act shall have effect.
|
8 General duty of Council and Commission
(1) | The Council and the Commission shall each have a duty to use their reasonable endeavours to exercise their functions in a manner which
|
(a) | restores and conserves the Common as a peaceful place of natural beauty and, in particular, conserves its flora and fauna and ecological, archeological, geological and physiographical features;
|
(b) | conserves any part of the Common which is a site of special scientific interest as such a site; and
|
(c) | subject to paragraphs (a) and (b) above
|
(i) | promotes and improves grazing on the Common;
|
(ii) | promotes educational activities related to the Common and, in particular, encourages public awareness of the ecological, cultural and historic significance of the Common and any additional open space;
|
(iii) | manages the Common and any additional open space as a place open to the public for recreational purposes; and
|
(iv) | facilitates the exercise of commoners' rights on the Common.
|
(2) | Without prejudice to the generality of subsection (1) above, the Council and the Commission shall each have a duty to exercise their functions in a manner which implements the policy set out in the Management Plan.
|
(3) | In subsection (2) above Management Plan means the Greenham and Crookham Common Management Plan adopted under section 9 (Greenham and Crookham Common Management Plan) below as for the time being in force.
|
9 Greenham and Crookham Common Management Plan
(1) | The Council shall, with the approval of the Commission, before the end of the period of three years beginning with the appointed day, adopt and make available for public inspection a plan (to be known as the Greenham and Crookham Common Management Plan) setting out their policy with respect to the exercise by the Council and the Commission of their functions under this Act in accordance with section 8(1) above.
|
(2) | Before adopting the Management Plan the Council shall
|
(a) | prepare a draft of the Management Plan in consultation with the Commission and such other bodies as appear to the Council to represent interests likely to be concerned;
|
(b) | make the draft available for public inspection for not less than 28 days;
|
(c) | consider any comments made in relation to the draft during, or not later than 7 days after, the period mentioned in paragraph (b) above; and
|
(d) | make any amendments to the draft which the Council consider to be appropriate as a result of any such comments.
|
(3) | The Council shall, in consultation with the Commission and such other bodies as appear to the Council to represent interests likely to be concerned, review the Management Plan at least once in every five years.
|
(4) | If, as a result of any such review, the Council are of the opinion that it is appropriate to vary the Management Plan, the Council shall do so in such manner as they, with the approval of the Commission, think fit and shall adopt the Management Plan as so varied.
|
(5) | The provisions of subsection (2) above shall apply in relation to any variation of the Management Plan as they apply in relation to the preparation of the Management Plan.
|
(6) | In this section Management Plan means the Greenham and Crookham Common Management Plan.
|
10 Obligation to fence land against Common
Where the Council exercise any power (by virtue of a consent under section 194 of the Law of Property Act 1925 (c. 20), as applied by section 35 (Application of section 194 of Law of Property Act 1925) below or otherwise) to erect a fence between the Common or any additional open space and adjoining land, the occupier of the adjoining land shall have the obligation to repair and, where necessary, to renew the fence.
PART 3
PUBLIC ACCESS
11 Rights of public access
(1) | Subject to the following provisions of this Act and compliance with all rules, regulations or byelaws relating to the Common and any additional open space and for the time being in force, the public shall have a right of access to the Common and any additional open space on foot for the purpose of open-air recreation; and a person
|
(a) | who enters upon such land for that purpose without breaking or damaging any fence or hedge; or
|
(b) | who is on such land for such purpose after having so entered on the land,
|
| shall not be treated as a trespasser on that land or incur any other liability by reason only of entering or being on the land. |
(2) | Subject as mentioned in subsection (1) above, the public shall have a right of access on horseback or bicycle on such defined paths or tracks over the Common and any additional open space as the Council may from time to time determine in consultation with the Commission.
|
(3) | Subsections (1) and (2) above shall not apply to a person who, in or upon any such land
|
(a) | without lawful authority or written authority from the Council
|
(i) | rides any horse or bicycle except on such a defined path or track as is mentioned in subsection (2) above; or
|
(ii) | drives or rides any other vehicle;
|
(b) | hinders or obstructs
|
(i) | any officer or other person authorised by the Council; or
|
(ii) | any commoner or any other person in the exercise of any right or power vested in that person.
|
(4) | Subsections (1) and (2) above shall have effect subject to the general restrictions contained in Schedule 2 to the 1949 Act (general restrictions to be observed by persons having access to land by virtue of that Act) as if the reference in that Schedule to section 60(1) of the 1949 Act were a reference to subsections (1) and (2) above.
|
(5) | Subsections (1) and (2) above shall not apply to land which for the time being is excepted land within the meaning of section 60(5) of the 1949 Act.
|
(6) | Nothing in this section shall affect the exercise of powers under any enactment whereby access to the Common or additional open space may be regulated or prohibited.
|
12 Effect of public access on owners' rights and liabilities
(1) | A person entering upon any land in accordance with section 11 (Rights of public access) above is not, for the purposes of the Occupiers' Liability Act 1957 (c. 31), a visitor of any occupier of the land; and the exercise of any right under that section in relation to any land shall not increase the liability, under any enactment not contained in this Act or under any rule of law, of a person interested in that land or adjoining land in respect of the state of the land or of things done or omitted to be done on the land.
|
(2) | On the coming into force of section 13 of the Countryside and Rights of Way Act 2000 (c. 37), subsection (1) above shall cease to have effect and instead the Occupiers' Liability Act 1957 (c. 31) shall have effect as if in section 1 each reference to a right conferred by section 2(1) of the said Act of 2000 included a reference to a right conferred by section 11 (Rights of public access) of this Act.
|
(3) | Any restriction arising under a covenant or otherwise as to the use of any land comprised in the Common or any additional open space shall have effect subject to the provisions of this Part of this Act and any liability of a person interested in such land in respect of such a restriction shall be limited accordingly.
|
(4) | For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across any land at any time while it is comprised in the Common or any additional open space shall be disregarded.
|
13 Map of land subject to public access
(1) | The Council shall prepare and keep up-to-date a map on a scale not less than 1:5000 showing
|
(b) | any additional open space for the time being designated under section 6 (Designation of additional open space) above; and
|
(c) | any highways over the Common or any additional open space.
|
(a) | send a copy of the map (and every subsequent revision of the map) to Ordnance Survey; and
|
(b) | make a copy of the map available for inspection by the public at each principal public library in the area of the Council and at such other place or places as the Council may determine.
|
(3) | The Council shall display at places where the public obtain access to the land
|
(a) | reproductions of the map on an appropriate scale; and
|
(b) | notices specifying any restrictions on access to the land or any part of the land, whether the restrictions have effect by virtue of any of the provisions of this Part of this Act or otherwise.
|
14 Power to restrict public access
(1) | The Council may regulate or prohibit for such a period as, in their opinion is reasonably necessary, public access to any part of the Common or any additional open space (including any path or track) if they think it reasonably necessary in the interests of public safety or for the purpose of
|
(a) | the restoration or conservation of the natural beauty of the Common or any additional open space;
|
(b) | the restoration or conservation of the suitability for grazing or recreation of that part of the Common or any additional open space;
|
(c) | the preservation of trees or shrubs planted on that part;
|
(d) | the protection of animals pastured on the Common or any additional open space;
|
(e) | the protection of ground nesting birds; or
|
(f) | the prevention of the risk of fire.
|
(2) | During the currency of any such regulation or prohibition, the right of access of the public and the exercise of rights of common over the land concerned and all other interests affected shall be subject to the regulation or prohibition.
|
(3) | Before exercising any power under subsection (1) above, the Council shall obtain the consent of the Commission except in emergency or where
|
(a) | the area of the land concerned is less than two hectares; or
|
(b) | the duration of the regulation or prohibition is for a period not exceeding 30 days.
|
(4) | Where the Council regulate or prohibit public access to any land
|
(a) | they may fence the land for the purpose of securing compliance with the regulation or prohibition; and
|
(b) | they shall display on the land such notices as they consider are reasonably required to inform members of the public of the regulation or prohibition and the duration of, and the reason for, the regulation or prohibition.
|
(5) | Nothing in this section shall authorise the Council
|
(a) | to close, or restrict the right of members of the public to pass along, any highway; or
|
(b) | to regulate or prohibit access to any land by the owner of the land or by any person acting on behalf of the owner.
|
|