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A future for the Forest of Dean
A Future for The Forest of Dean B. V. CAVE* Director R o y a l F o r e s t o f Dean Centre f o r E n v i r o n m e n t a l Studies The Wilderness, Mitcheldean, Gloucestershire, U K
SUMMARY This article outlines the historical background o f the Forest o f Dean in Gloucestershire and the Acts o f Parliament which have affected its landscape character. Problems relating to the present situation are discussed. These include rights of access, common rights, sales o f public land, intrusion o f industry, open cast mining and tourism. The suggestion is put forward that there should be a new Act of Parliament establishing a Dean Forest Authority which would be an autonomous estate management body with an executive committee drawn from the many interests in the district. The Forestry Commission, which is at present responsible for management, with its main concem that o f commercial tree growing, is not considered to be sufficiently sympathetic to local needs.
INTRODUCTION In the west of England close upon the border with Wales there lies the ancient Forest of Dean. In the days before motorways and the great Severn Bridge, which carried the M4 to South Wales across the mile-wide Severn estuary, the only approach to this district was through the cathedral City of Gloucester. The Dean, today as ever, lies on no main route. Even in the days of stage coaches the main stage road to South Wales from Gloucester skirted to the north of this Forest so that the Dean was left in a corner to which *The author originally intended reading for a Forestry degree at Oxford, b u t eventually t o o k a degree in Botany at that University (1957). For some time he was Biology teacher at King Edward VI's School, Norwich, and Head o f Science at the Blyth School, Norwich. Since establishing the Centre for Environmental Studies for t h e Gloucestershire Education A u t h o r i t y in t h e Forest o f Dean in 1969 he has become closely involved with a n u m b e r of conservation organisations in Gloucestershire. He was for a time chairm a n o f the Dean branch of the Council for the Protection o f Rural England and the North Dean Reserves C o m m i t t e e of the Gloucestershire Trust for Nature Conservation. Besides writing the occasional paper on field studies and local history he writes a 'Conservation Piece' m o n t h l y for the local papers. He has been an o u t s p o k e n critic on a n u m b e r of local issues on radio, television and in local inquiries.
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people only travelled if they had some business there. The river Severn is the natural boundary of the district to the east and south. The river Wye, which is essentially the Welsh border, is its western edge and the old road from Gloucester to Ross-on-Wye is more or less its northern limit. This pattern of boundaries forming a triangle of about 15 miles on each side could be said to nearly approximate to the boundaries of the Forest of Dean as recognised in the statutes of King Edward I who reigned about 1300. In those days 'Forest Law' was applied to this area as it did also to numerous other 'forests' throughout England. This article traces the effect of the imposition of statutory law on the Forest of Dean and demonstrates that although at one time the laws of the land either coincidentally or deliberately protected the landscape, now the law does not give this protection. Changing circumstances and attitudes today demand a reappraisal of the management of this unique part of Britain (Fig. 1).
BEGINNINGS AS A ROYAL FOREST The Forest in the time of Edward I can be thought of as being in two parts. The wider forest over which the Forest Law was enforced and the smaller forest at its heart which we might call the 'core' forest. Well before Edward I's time much of the wider forest was settled with scattered villages and market towns. The pattern of the landscape was much as it is now. It has always been generously wooded although in the last half century many an ancient small wood has been felled or become replanted with conifers. In this wider forest the law had the effect of protecting the animals of the chase, particularly deer. However, the 'core' forest was, by contrast, unsettled and beyond the domains of the lords of the manors who controlled the villages. This was the King's own land and within it no-one was
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districts called bailiwicks and each bailiwick had its own lord policing it for the King.
PROTECTION OF LAW The Forest of Dean has many parallels of administration with its sister forest, the New Forest, which is located between Southampton and Bournemouth near the south coast of England, though at one time numerous royal forests existed throughout the country. A number of statutes have in the past specifically linked together The Dean and The New Forest. This association continued in law into the nineteenth century. Throughout the middle ages the Forest of Dean was, in the manner described, protected along with the other forests. No d o u b t the law fell hard The Environmentalist
on many a villager who might shoot a deer with his bow, or harm the forest by allowing his cattle to roam, but the law did maintain the wild nature of much of the Forest. The direct control by the King (the 'crown') effectively ceased at the time of Cromwell and the Civil War (1649) but it was in the time of George III (1760s) that the Forest was handed over to the total control of Parliament. It was administered along with other such Crown Lands, the forestry work later coming under the control of the Office of Woods. When the Forestry Commission, another government agency, was formed, all administration was transferred to that body (1923).
THE INDUSTRIAL DEVELOPMENT The Forest of Dean has two resources which have very greatly affected its history since the middle ages. These are coal and iron. The iron was worked, largely outside of the 'core' forest, from early times. Indeed, it is significant that all of the important deposits lie within the confines of the outer manors. It would seem that the manorial lords made sure of their claim to this valuable mineral. The coal on the other hand lies mostly within the 'core' forest. Before the onset of the industrial revolution in England (about 1750 onwards), the iron of the Forest was worked, but the methods used were primitive. Charcoal was used as fuel and the woods were increasingly depleted of trees of timber quality in consequence. Even so the royal protection checked destruction. Also the users of the timber would not want to destroy the woodlands totally or their future supplies would be endangered. Such economic forces caused, for example, King Henry III (1258) to grant certain woods to the Abbey of Flaxley, still known today as Abbots Wood, for the constant supply of charcoal to the abbey's iron furnaces. That these woods remain today in their entirety testifies to the conservation measures of the monks and their successors. The only regret is that within the last few decades they have mostly been transformed from their ancient mixed deciduous state into coniferous plantations. Coal mining grew rapidly after the industrial revolution but the land was still protected by ancient law and the effect was that the industrial dereliction was ameliorated by the ownership vested in the Crown. Private development tended to be resisted. The forest was also at that time considered important for the growth of timber for the navy and this forestry activity also tended to restrict encroachments by others. Wol. 4, No. 4 (1984)
N O W - - A TIME FOR CHANGE ? Today the control of the Forest is the responsibility of the Forestry Commission, the land being vested in the Minister of Agriculture. As times change, so do the economic and social forces acting on the landscape. Laws and administration which once seemed sensible may become outdated and undesirable. New attitudes may demand a new system. The history of the Dean went through a period of early royal protectionism, followed by an extensive industrial phase and then a period of intensive forestry. Present attitudes are turning towards conservation of the yet remaining natural ecosystems and beauty of landscape. Perhaps it is time to reconsider the management of the Forest of Dean in the light of these developing attitudes. It is time that the administration of the forest was modified to take account of these pressures and be transferred to a separate management body. The problems of the Forest are great enough to lend weight to this suggestion.
THE FORESTRY COMMISSION AND ITS POWERS The Forestry Commission was established by Act of Parliament in 1919 "for promoting afforestation and the production and supply of timber therein. The Commission may sell or let any land which in their opinion is not needed or has proved unsuitable..." By an Act of 18th July 1923 the Crown Woodlands were transferred to the Forestry Commission: "of any estate, interest, rights, powers and liabilities of the Crown in connection with any property under the management and control of the Commissioners of Woods" "for any property transferred under this Act being held and dealt with.., in all respects as property acquired under the Forestry Act 1919". The emphasis in these Acts is on commercial forestry not any wider issues. Even as late as 1967 (Forestry Act of 22nd March) the same principles of dedication to forestry and sales of unsuitable land are reiterated. Again and significantly in the Forestry Act 1981 it is stated "Subsection (2) above shall not apply in relation to land acquired under this section which is in the Forest of Dean; but the Minister may sell any such land if in his opinion it is not needed or ought not to be used, for the purpose of afforestation or any purpose connected with forestry..." Further this same Act (1981) expressly urges the Ministers "In performing their functions... 307
shall have regard to the national interest in maintaining and expanding the forestry resources of Great Britain".
FORESTRY COMMISSION'S MULTI FUNCTION AND SALES OF LAND From all the above there arise two issues. The first issue is that however right it is that the Commission exists to produce timber efficiently, this is apparently not the body to have total control over an ancient forest with its incredible woven web of history and natural interest. It is not in the Commission's statutory brief to be so concerned. Although of recent years the Commission has bowed to pressure, recognised other moral duties and made room in its management for conservation and amenity activities, one senses uneasily that these are concessions and do not reflect an innate desire by the Commission to be so involved. The words 'amenity' and 'conservation' need careful definition. By 'amenity' one means the recreational aspects and visual appearance of the landscape. 'Conservation' here relates to protection of both the natural heritage (e.g., ancient woods, ponds, boglands, etc.) and also the cultural heritage (e.g., ancient monuments). Part of our current problem is the confusion in thinking amongst many people of 'amenity' with 'conservation'. The Forestry Commission has adopted a multiple function policy but as we shall see it fits uneasily in the system where there is a priority for one function. This may not matter (though many would no doubt speak firmly to the contrary) in Thetford or Kielder, but in the Dean it is vital. The second issue is one of very recent interest. Many people claim, quite erroneously, that as a result of a clause in the Forestry Act (1981), the Dean is protected from any part being sold into private hands. Notwithstanding that the Act empowers the Commission to sell any of its lands, the Dean is expressly excluded from the provisions of this Act. As already shown, the Commission has always been able to sell land not considered appropriate for forestry, but until 1981 it could not sell productive woodlands. Now under the 1981 Act it can sell these woodlands. However, because of considerable public pressure the Dean was specially excluded from the Act and it cannot sell woodland (as such) in the Dean. But one must reiterate it can sell woodland for development or for any other use, as long as the land is in the Minister's opinion more appropriate for that other use. To confuse this confusion further, 308
for the purpose of the 1981 Act, the Dean includes other land beyond that of the 'Statutory Forest' as described in earlier Acts of Parliament (1831 Act). There is no definition in legislation on the boundaries of this extended Forest. Here we should pause to consider the term 'Statutory Forest'. It is to all intents and purposes the 'core' forest of the middle ages. Throughout the centuries the size of the area under Forest Law contracted until finally in 1831 there was no more to the Forest than the core. However, certain woodlands (for example such as those belonging to Flaxley Abbey and others adjacent but within the ancient manors and outside of the 'core' forest) have been purchased since by the Crown or the Forestry Commission. Notably the High Meadow woodlands to the west had been purchased by the Government to give to Lord Wellington, victorious over Napoleon at Waterloo. He refused the gift, and the estate was incorporated into the administration of the Dean. For the last ten years the Commission has disposed of land. In the early 1970s, nineteen acres of productive plantation was developed by the water authority for a water works. Recently one hundred acres was sold to the district authority for industrial development. In both of these major disposals there seems to have been little regard paid to the conservation aspects. Indeed, the industrial estate of 100 acres in the Cinderford region may well, if the building programme is carried through to completion, prove to be a considerable environmental misfortune (Fig. 2). Such sales have a savour of an expediency drawn out by financial and employment pressures. The Commission has sold marginal land for one thousand pounds an acre, a very good price; and the Dis-
Fig. 2. Part of the 100 acre industrial estate site at Cinderford. The open land has been sold to the precious metal refiners 'Engelhards'. It includes the rare Genista anglica. On the far side adjacent, a small area is set aside as a reserve for this plant. It is its only location in Gloucestershire. Under the dark conifer trees to the right is truly derelict land of coal waste left only to grow a very poor crop of softwood.
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trict Council, who are their own planning authority, have purchased it as building land at a bargain price. The Commission have tidied up a boundary and all agree that it was anyway only Forest waste. Such Forest 'waste' (a term as we have seen of historical usage, not an indication of dereliction) is often that which is most natural (Fig. 3). Throughout the perimeter areas of the Dean numerous plots ranging in size from tiny patches to several acres have been sold. At times the sale may have justifiable grounds but quite often all that is achieved is an enhancement of a private person's property and a permanent loss of that land to the public (Fig. 4). It can happen that these two issues become contradictory. Land sales 'not appropriate for forestry' may well be areas of geological, natural history, educational or scenic interest.
DEAN'S UNIQUE HERITAGE DEMANDS A CAREFUL APPROACH The cursory reader may be unimpressed by this, if he is not familiar with this strange corner of land--Gloucestershire 'The Eye Twixt Severn and The Wye'. For most people visiting the Dean the heritage of human culture will be most impressive. Here for centuries was the Royal forest made of a complex of oak woods, heathlands,
Fig. 4. Land sales. All the open area in the middle between the houses has been sold to various home owners enhancing their properties. The land is lost to public use including educational studies on the heathland.
stages of iron extraction and smelting to a height of activity in the nineteenth century. Researches into the making of steel in the last century helped the development of the Sheffield steel industry. Mines, furnaces and other works of this heritage remain in various parts of the district. Besides the iron, the coal industry has its own unique history here, from the 'sea cole pitts' of the monks of Flaxley Abbey to the large scale deep mines of the twentieth century (Fig. 5). Along with all this the history of the railways unfolded here from the horse drawn trams of the early nineteenth
Fig. 3. Truly derelict land of shale, concrete, brickbats, left over from coal mining. Surely such areas should be considered first for development ?
bogs, ranged by deer, flown over by kites and buzzards, administered by a feudal system of sergeants and foresters-in-fee, bounded by ancient ditches, marker stones and ringed outside by ancient manors each with their own inimitable history. From it sprung an industrial history of fundamental importance to England and the world. The Celts and Romans sought iron in the Dean and this industry developed through various Vol. 4, No. 4 (1984)
Fig. 5. Cannop coal mine about 50 years ago.
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century and the 1000 yard tunnel of 1809. Stone sleepers of the early days are still to be seen. All this could have wrought havoc to the landscape had not the protection of ancient laws kept it entire; held its integrity.
THE DECLINE OF THE NATURAL HERITAGE Much of the natural history interest of the Forest of Dean has suffered in the last few decades. Its once great diversity was related to the very considerable variety of the sedimentary rocks underlying it. Rocks of the later Palaeozoic, Silurian to Carboniferous, lie in a complex syncline. Ice Age deposits added to the complexity. From these rocks have evolved numerous soil types. A recent soil survey lists forty-five soil series in the North Eastern sector. Anciently these soils established the vegetation types already referred to. Even in 1948 large areas of wet heath and bog existed. At that time the "Survey of Gloucestershire" written by Gordon Payne, earlier a County Planning Officer, recommended that 7 areas be set aside as nature reserves. The journal of the Cheltenham and District Naturalists Society in 1950 records with regret
the draining and planting of one of these by the Commission as causing the extinction of the last real bog in Gloucestershire. One of the areas mentioned by Payne has been totally lost, others are ghosts of their apparent earlier state. At about the same date as Payne's work the Flora of Gloucestershire by Riddelsdell was published. This notes repeatedly the bog plants of the Forest. Bog Asphodel had been recorded in ten locations. It is now only in two. Sundews were found over a considerable area of the Coal Measures. They are now extinct. Cottongrass was fairly frequent. It also seems close to extinction. Fortunately, the R.S.P.B., the Nature Conservancy Council, and the Gloucestershire Trust for Nature Conservation have been able to acquire interests in reserves in the Dean (Fig. 6), but of the wet heaths and bogs little of interest remains. The situation in the Forest was echoed in a report in 1981 to the Nature Conservancy from an entomologist in connection with the hymenopteran recording scheme: "The management of the Forest over the past years has not been in the interests of Entomology. The pattern of destroyed habitats seemed to be prevalent wherever we went in the Forest proper; either the conifer plantations had replaced everything or 'Country-Parkism' had done the same job.
Fig. 6. The marsh at the top end o f Cannop Ponds. This marsh includes some interesting plants. Fortunately now acquired by a conservation trust it has some protection. Management for 'amenity' could destroy its interest.
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The Environmentalist
Grazing has been historically heavy and in grazed areas the ground flora was sparse even in the early fifties. The best areas were often small and in need of active protection against more intensive use, both agricultural and 'Leisure Activity'." Having said that, throughout the Dean, in out of the way comers, there must remain fragments of plant and animal associations and, of course, traces of human settlements and activity. These fragments yet u n k n o w n have an uncertain future.
ACCESS TO THE F O R E S T The uncertain future of the relics of human and natural history is patently shown by recent contentions over footpath and access recognition in the Forest. For many years the Ramblers Association have worked strenuously to get the right of people to visit the Forest established. The Forestry Commission have maintained that there is no right b u t that they allow people access. Recently they have conceded a pattern of a few long distance paths across the Forest. There is a danger in this attitude which few seem to realise. Concessions b y the Commission are varied; they cover sheep, nature conservation, access. Whether in some cases the agreements cut across presumptive ancient rights is legally unclear. The strength of law is to be preferred. Today no law adequately protects the ordinary person's 'rights' in the Forest. If we look at access more closely we can sense an uneasy state. Firstly the Commission has attempted to close footpaths even on land not statutorily in the Forest; that is in the fringe areas of High Meadow and Flaxley Woods. This is an attitude which no private landowner would dare display. In High Meadow, part of which is in Gwent in Wales, there is a most curious situation. A dense network of established rights of way exists on the Welsh side. In Gloucestershire there is a blank. Secondly the Commission are selling land 'no longer appropriate for forestry'. This is land enj o y e d since time began b y the populace at large, whether b y right or privilege it was so, and that public nature was enshrined in statute. The sales extinguish the custom o f access for ever. If access is not guaranteed to all the Forest any future government or agency can at a penstroke sell or remove for any purpose the people's interest in that land.
COMMON RIGHTS This situation is not made any better b y the Commons Registration Act of 1965. This Act Vol. 4, No. 4 (1984)
states "the foregoing provisions of this Act shall not apply to the New Forest or Epping Forest... and shall not apply to the Forest of Dean". As it happens, previous Acts of Parliament have established c o m m o n rights in the New Forest and Epping Forest. But there is no Act which relates to t h e c o m m o n rights or privileges of any person in the Forest of Dean. It seems that the Dean is the only place in England not to have legislation on this subject. The c o m m o n rights in the Forest have been debated in various works for about a hundred years. Most people, perhaps without knowledge, think of the Forest as a 'common'. Many would believe that in the past c o m m o n rights have existed. This is a complex area of debate. Recently the Commission and the Commoners Association, comprised of a group of the sheep 'badgers', have agreed on certain practices relating to what is termed the 'privilege' of grazing sheep. Do these 'privileges' or 'rights', however one sees them, exist on land already sold out of the Forest? Some legislation on this matter seems necessary to clarify the situation. Indeed, perhaps to control the situation, for sheep are not a blessing to all people.
MINING The uncertain future of the odd traces of interest is also underlined by the present controversies relating to open cast mining. A considerable tract of the central area, one mile by one third of a mile, has been bared by this process. It has, as they say, been restored, but o f course all previous traces of nature and man were eradicated (Fig. 7). The restoration is a new landscape. Its formation has had the advice of the Nature Conservancy Council but what has been extinguished we do not know. H o w long will it be before a complete ecosystem is reformed ? What of the manifold soil organisms, the herbs and rarer grasses? The millepedes have a hell o f a walk to colonise that area. That comment, flippant m a y b e in tone, exposes the problem o f such restoration. Ten thousand years of a complex ecosystem can be destroyed in a day and how does it come back? Other areas of the Dean are threatened. Yet in all these threats, the Commission publicly as a national body, seems to act as a disinterested party, receiving the compensation for disturbance from the mining companies as with the payments from land sales, but does not express an opinion as to whether it is in the interest of conservation in any form. Except that is, in one aspect; the Commission is happy to say that open cast mining improves the soil for 311
Fig. 7. A 'restored' open cast coal mine at Woorgreen. It includes a 15 acre wetland with advice from the Nature Conservancy Council. All earlier ecosystems have, of course, been obliterated.
afforestation. Locally one is aware that certain forestry officials are very concerned about the conservation problems.
PLANNING AND TOURISM To compound this insecurity the Commission acts within its protection as a Crown Agency. The land does not require planning permission for development by the Commission. The Commission is obliged by Circular 7/77 (14th February 1977) from the Department of the Environment to consult with the planning authority but in the end can go ahead with any plan it wishes. The developments it usually has in mind are of the tourist attraction kind, camp sites, picnic sites and the like. In the provision of amenities for tourism, the Commission holds some strong argument and many visitors, pleased with the picnic sites, viewpoints and guided trails, will leave with the impression that all is well and, as has been too often said 'the Dean is in the good hands of the Commission'. Ever since 1938 the Forestry Commission has recognised the interest of people in visiting the place. It was then called a National Forest Park. Since then they have made more and more provision for 'amenity'. At times these provisions are perfectly acceptable. At times quite 312
seriously damaging. The development at the wellknown viewpoint at Symonds Yat has been over the years destructive to the ancient earthen camp of that place. The earthwork was no doubt the protection to the original Gate or passage of Sigism u n d who was perhaps a noble servant of King Offa. The protected passage was probably part of Offa's national defence works between Mercia and Wales. Sometimes there is a lack of feeling for the ethos of the place in these tourist activities. At Symonds Yat the lavatories, the snack bar, the absurd wishing well, the dug away portions of earthen walls, filled in defence ditches, hardly are in tune with the ancient monument. At other places there is more success. The New Fancy picnic site demonstrates how an ugly coal mine spoil tip can be converted into a popular tourist attraction. Such sites are resilient and can withstand the pressures of large numbers o f visitors. The same cannot be said o f other sites in the area. Speech House Road Site of Special Scientific Interest for the lichens on its oaks, still has a car park and public lavatories. At Blaize Bailey which is a beautiful viewpoint, a car park, lavatories and a three mile scenic car route on Forest tracks has harmed what was a place of peace. Such opening up of the precious sites is not conservation. In this last instance it is said that the development is to relieve pressure on Symonds Yat. A report on The Environmentalist
Day Visitor Activity b y Colenutt and Sidaway had earlier drawn attention to the problems of Symonds Yat. But its suggestions for relief were on rather different lines. The report recommended an attraction in quite a different general location, closer to the route from the Wye Valley, and also suggested that facilities at the Yat be reduced.
A CHANGING LANDSCAPE The observer of the landscape in the Dean will perceive that gradually there is evolving a landscape o f amenity, a picture postcard scene. A tourist landscape tuned to the eye of the visitor (Fig. 8). The roads are lined with scenic blocks of trees, lakes are fashioned for recreation and pleasure. Picnic sites and places of interest become arranged to pass the summers day. This may be read as a criticism. It is not a criticism, it is the situation and, indeed, it has much value. But at the same time there is seemingly little feeling for the true sense of conservation. What is more this all seems to have gone on without much local discussion. Local deliberations on tourism only recently seem to be influencing the Commission.
Fig. 8. The Visitors Forest. A totally man made landscape; conifer plantations, artificial lake, amenity regulated. Is this the future? An attractive but bland landscape.
history and cultural heritage. Yet there is a bureaucratic machinery and a distance to the administration which makes it well nigh impossible for it to be sensitive to local needs. The Commission operates from Bristol and Edinburgh. The Dean needs a very local management. Moreover, the over-riding remit of the Commission for productive forestry puts all other considerations into a secondary position and one gets the impression very strongly that some senior forestry officers find the conservation lobbyists a nuisance.
FORESTRY
Public pressure in 1971 produced a Ministry directive that the then fifty-five percent of the Forest under conifer should not be increased. But this is a ministerial directive and could quite easily be changed. Moreover, one is unclear whether it refers to the 'Statutory Forest' or the extended forest referred to in a statement following the 1981 Act. But such a directive has little meaning in terms of conservation. The stabilised overall ratio of broadleaves to conifer does not mean that ancient broadleaf areas are to be retained. Change and change about is allowable and will be effected depending on circumstances of soil and related silvicultural factors. This means that the fragments o f old 'wildwood' are not necessarily secure. And indeed the areas that are ancient are fragmentary. It is fortunate that the R.S.P.B. have one 400 acre plot (much of it a nineteenth century planting of oak and not truly ancient woodland) and another 90 acre plot is controlled b y the Nature Conservancy Council. It would be unfair and b e y o n d reason to lay claim that the Commission are philistine destroyers without any respect for conservation. Repeatedly they assure us of their concern. Certainly within the organisation at grass roots level are forestry officials passionately interested in natural Vol. 4, No. 4 (1984)
THE V E R D E R E R S
Several times reference has been made to the protection afforded in past centuries to the integrity of the Dean through statute. Anciently protection came through the Court of Verderers. This Court still exists, though its powers have been reduced by various enactments in recent years. This is a pity since it is interesting that this Court does consist of knowledgeable and respected members of the c o m m u n i t y elected b y the people. There is here some incipient democracy. It is a system of great antiquity which could be built on. It is fundamentally perhaps more democratic than the Forestry Commission which is not responsible to any local feeling but to Parliament through the Minister of Agriculture. The Commission's line of reaction is too long, too diffused by its national concern, to respond to the varied needs of the local scene. Curiously in 1958 there was a recommendation to strengthen the Verderers. At that time a committee was sitting under the chairmanship of Lord Radnor to review the situation in the Forest of Dean and to recommend changes to secure an administration in line with modern requirements. Its report made some eminently sensible recom313
mendations. Particularly it urged that Verderers be increased in number and their powers over grazing, amenities and other matters should be enlarged. Among other matters it also quite categorically states that " N o sales of land should be permitted". It is so vehement on this point that it states in referring to the forbidding o f freeholds... "We regard this matter as being of vital importance for the future of the Forest and the safeguarding of its amenities". It refers to the amenity value o f the broadleaved vegetation and states that its retention is in the national interest. As has been mentioned, these recommendations, far from being followed, have been contradicted. Sales have gone ahead and coniferisation increased. In 1958 in a smaller Dean Forest area of 24 700 acres there were 1 2 5 3 0 acres of broadleaved woodlands. By 1976 out of an enlarged administrative district, including areas of original broadleaved woodlands acquired b y the Commission, bringing the area to 29 400, the broadleaved total had shrunk to 9 4 4 5 acres. The conifer acreage for the two dates are 5886 in 1958 and 13 911 in 1976 (Fig. 9).
THE SQUATTERS At that time a second Act was pased which regulated a problem increasing in the Forest throughout the period of the Industrial Revolution. From about 1750 onwards many families had moved on to the open lands on the edge of the Forest finding work in mines and furnaces. Squatters encroachments nibbled away illegally at the edges. Very detailed maps of these encroachments were made and the Statute of 27th July 1838 put an end to more of the like occurring. It did, however, allow most of the encroachments to remain saying that as a commission of 1787 had observed such encroachments and "not having taken effectual steps to assert its Right, (the Crown) ought not to disturb the Possession". The Act nevertheless remains clear as to the intention to retain the integrity of the Forest. The Crown has since provided land from the Forest for schools, churches and some other enterprises but until recently has held to the principle of the early Acts; That is till 1961 and 1971.
REPEALS ANCIENT STATUTES To understand the safeguarding of the Forest's integrity we must go back to the Civil War period. Before that unhappy time the larger part o f the Forest o f 18 500 acres was sold to Sir John Wintour, a local manorial lord and iron master, by Charles I. The Commonwealth, realising this blunder, revoked the grant and took it into Parliamentary hands. After a short relapse after the Restoration the new Parliament under Charles II also annulled the sale of Charles I's time. The Act of Parliament (1667) that came out of this sorry affair was very clear as to the future intention "And to the end the said Forest and Premises may be perpetually preserved and estated in the Crown for public use as aforesaid and may not be granted or disposed to any private Use or Benefit, be it further enacted. That in case any Person or Persons whatsoever shall presume to take, or shall obtain any Gift, Grant, Estate or Interest of or in the said Inclosure or Wastes, or any Wood or Trees growing thereon or of or in any of the Mines or Quarries of or within the said Inclosures... every such Gift, Grant, Estate and Interest shall ipso facto be null and void..." The same Act also refers to 'right of common'. Notwithstanding this Act, certain persons claimed the right of mining. These are the free miners. Such rights were confirmed in law in 1838. 314
Part of these earlier Acts were repealed in the Crown Estate Act of 1961. The rest of the Act of Charles II quoted above was repealed in 1971 within "The Wild Creatures and Forest Laws Act". This Act, far reaching in its consequences for the Forest of Dean, is only 53 lines long. It simply states that the 1667 Act is repealed. Before these Acts of 1961/1971 the integrity of the Forest of Dean was at least in law held by the 1667 Act. Since then the Commission has been relatively unfettered.
THE NEW FOREST If we compare the Forest o f Dean with the New Forest we find that there is a marked difference. The New Forest has had its own Acts of Parliament more recently. There was an 1877 Act which among other matters made it clear that in the New Forest if certain land is sold, the m o n e y should be used to purchase other land nearby so maintaining the acreage. (That Act of 1971 mentioned above unfortunately repealed also this valuable clause.) Nevertheless the Victorian parliamentarians had the right spirit. The 1877 Act also confirmed considerable powers on the New Forest Verderers. These powers were reconfirmed in the New Forest 1949 Act and the Verderers have considerable power over the amenities and conserThe Environmentalist
Fig. 9. Massed plantations of conifers in the central Forest area.
vation of the Forest. In 1964 there was a further New Forest Act. This altered the perambulation (boundaries) of the Forest, adding parts and excluding others. It also adds the following clause "In the performance of their functions.., the Forestry Commissioners and the Verderers shall have regard to the desirability of conserving flora, fauna and geological or physiographical features of special interest". The New Forest has problems a plenty itself. But on paper at least it seems to have more protection than the Dean. There are no Acts of Parliament relating to the Forest of Dean written in the above kind of vein.
A DEAN FOREST AUTHORITY There is enough evidence to make a claim that we need a new management Authority for the Dean. One which holds the land and can bring together all interests in cooperation. The Forestry Commission with is present multi-function policy, itself has conflicting interests, where one function is pre-eminent. In a new system it would still have a large part to play. A new Act of Parliament is necessary. It needs to establish the following: (a) A new configuration of the boundaries ('perambulation') of the Dean to include outlying contiguous woodlands. Vol. 4, No. 4 (1984)
(b) Regularisation of Common Privileges. (c) Access agreement to the whole area subject to appropriate temporary constraints for forestry activities. (d) Cessation of all land sales; and that all necessary development, only in the public interest, and for use of the public or public bodies, to be leasehold. (e) Adequate safeguarding of natural history, geology, physiographic features, heritage sites and amenity aspects. (f) A controlling body which administers the land and to which is responsible the operative agencies on the land. As a policy forming body the Authority need not be large or costly. Indeed it could raise its own revenues keeping funds in the Dean. The Authority would be not unlike the management of a landed estate. The suggestion is not a return to some quasiroyal protectionism. It is a device to bring about a devolution of policy to the local level amongst people who know the local environment. It would hopefully be able to balance the varied pressures safe in the knowledge that that is its prime function. It would be an environmental agency for this age.
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BIBLIOGRAPHY
Other Works
Acts o f Parliamen t
Baty, F. W. (1952) Forest of Dean, Robert Hale, London (a general work). Colborne, G. J. N. (1981) Soils in Gloucestershire, III, Sheet SO61, Soil Survey No. 73, Harpenden. Colenutt, R. J. and Sidaway, R. M. (1973) Forest of Dean Day Visitor Survey, Forestry Commission Bulletin 46. Dept. of the Environment (1977) 67rcular 7/7Z Dreghorn, W. (1968) Geology of the Forest of Dean and Wye Valley, David and Charles, Newton Abbot. Edwards, M. (1981) Report to NCC on Aculeate Hymenoptera in Forest of Dean in July 1980 (personal communication). Forest of Dean Committee (1958) Report, H.M.S.O. Forestry Commission. Forest of Dean District Council (1982) Cinderford District Plan. Hart, C. E. (1966) Royal Forest, Clarendon Press, Oxford. Hart, C. E. (1971) The Verderers and Forest Laws of Dean, David and Charles, Newton Abbot. Hart, C. E. (1971) The Industrial History of Dean, David and Charles, Newton Abbot. Paar, H. W. (1965) The Great Western Railway in Dean, David and Charles, Newton Abbot. Payne, G. E. (1947) Survey of Gloucestershire, Bellows, Gloucester. RiddelsdeU, H. J. et al. (1948) Flora ofGloucestershire, Clmtford House, Bristol (reprint).
Year
Monarch
1667 19/20
Charlesll
Title of Act c3
1808 48
Geo. III
c 72
1819 59
Geo. II!
c 86
1831 1/2 1838 1/2
Wm IV Victoria
c 12 c 42
1877 40/41 1919 9/10
Victoria Geo. V
c CXX1 Ch. 58
1923 13/14
Geo. V
Ch. 21
1949 12-14
Geo. 6
c69
1961 1964 1965 1967 1971
Eliz. Eliz. Eliz. Eliz. Eliz.
II II II II II
Ch. 55 c 83 Ch. 65 Ch. 10 Ch. 47
Eliz. II
Ch. 39
9/10 12-13 13/14 15/16 19/20
1981 29
316
Increase of Timber Forest of Dean Act. Dean & New Forest Timber Act. New Forest Commons & Dean Forest (Gales) Act. Boundaries of Dean Act. Dean Forest Encroachment Act. New Forest Act. Forestry Commission Establishment Act. Forestry (Transfer of Crown Lands) Act. New Forest (VerderersCommoners) Act. Crown Estates Act. New Forest Act. Commons Registration Act. Consolidating Forestry Act. The Wild Creatures & Forest Laws Act. Forestry Act.
The Environmentalist
SUMMARY This article outlines the historical background o f the Forest o f Dean in Gloucestershire and the Acts o f Parliament which have affected its landscape character. Problems relating to the present situation are discussed. These include rights of access, common rights, sales o f public land, intrusion o f industry, open cast mining and tourism. The suggestion is put forward that there should be a new Act of Parliament establishing a Dean Forest Authority which would be an autonomous estate management body with an executive committee drawn from the many interests in the district. The Forestry Commission, which is at present responsible for management, with its main concem that o f commercial tree growing, is not considered to be sufficiently sympathetic to local needs.
INTRODUCTION In the west of England close upon the border with Wales there lies the ancient Forest of Dean. In the days before motorways and the great Severn Bridge, which carried the M4 to South Wales across the mile-wide Severn estuary, the only approach to this district was through the cathedral City of Gloucester. The Dean, today as ever, lies on no main route. Even in the days of stage coaches the main stage road to South Wales from Gloucester skirted to the north of this Forest so that the Dean was left in a corner to which *The author originally intended reading for a Forestry degree at Oxford, b u t eventually t o o k a degree in Botany at that University (1957). For some time he was Biology teacher at King Edward VI's School, Norwich, and Head o f Science at the Blyth School, Norwich. Since establishing the Centre for Environmental Studies for t h e Gloucestershire Education A u t h o r i t y in t h e Forest o f Dean in 1969 he has become closely involved with a n u m b e r of conservation organisations in Gloucestershire. He was for a time chairm a n o f the Dean branch of the Council for the Protection o f Rural England and the North Dean Reserves C o m m i t t e e of the Gloucestershire Trust for Nature Conservation. Besides writing the occasional paper on field studies and local history he writes a 'Conservation Piece' m o n t h l y for the local papers. He has been an o u t s p o k e n critic on a n u m b e r of local issues on radio, television and in local inquiries.
0251-1088/84/$ 3.00
people only travelled if they had some business there. The river Severn is the natural boundary of the district to the east and south. The river Wye, which is essentially the Welsh border, is its western edge and the old road from Gloucester to Ross-on-Wye is more or less its northern limit. This pattern of boundaries forming a triangle of about 15 miles on each side could be said to nearly approximate to the boundaries of the Forest of Dean as recognised in the statutes of King Edward I who reigned about 1300. In those days 'Forest Law' was applied to this area as it did also to numerous other 'forests' throughout England. This article traces the effect of the imposition of statutory law on the Forest of Dean and demonstrates that although at one time the laws of the land either coincidentally or deliberately protected the landscape, now the law does not give this protection. Changing circumstances and attitudes today demand a reappraisal of the management of this unique part of Britain (Fig. 1).
BEGINNINGS AS A ROYAL FOREST The Forest in the time of Edward I can be thought of as being in two parts. The wider forest over which the Forest Law was enforced and the smaller forest at its heart which we might call the 'core' forest. Well before Edward I's time much of the wider forest was settled with scattered villages and market towns. The pattern of the landscape was much as it is now. It has always been generously wooded although in the last half century many an ancient small wood has been felled or become replanted with conifers. In this wider forest the law had the effect of protecting the animals of the chase, particularly deer. However, the 'core' forest was, by contrast, unsettled and beyond the domains of the lords of the manors who controlled the villages. This was the King's own land and within it no-one was
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districts called bailiwicks and each bailiwick had its own lord policing it for the King.
PROTECTION OF LAW The Forest of Dean has many parallels of administration with its sister forest, the New Forest, which is located between Southampton and Bournemouth near the south coast of England, though at one time numerous royal forests existed throughout the country. A number of statutes have in the past specifically linked together The Dean and The New Forest. This association continued in law into the nineteenth century. Throughout the middle ages the Forest of Dean was, in the manner described, protected along with the other forests. No d o u b t the law fell hard The Environmentalist
on many a villager who might shoot a deer with his bow, or harm the forest by allowing his cattle to roam, but the law did maintain the wild nature of much of the Forest. The direct control by the King (the 'crown') effectively ceased at the time of Cromwell and the Civil War (1649) but it was in the time of George III (1760s) that the Forest was handed over to the total control of Parliament. It was administered along with other such Crown Lands, the forestry work later coming under the control of the Office of Woods. When the Forestry Commission, another government agency, was formed, all administration was transferred to that body (1923).
THE INDUSTRIAL DEVELOPMENT The Forest of Dean has two resources which have very greatly affected its history since the middle ages. These are coal and iron. The iron was worked, largely outside of the 'core' forest, from early times. Indeed, it is significant that all of the important deposits lie within the confines of the outer manors. It would seem that the manorial lords made sure of their claim to this valuable mineral. The coal on the other hand lies mostly within the 'core' forest. Before the onset of the industrial revolution in England (about 1750 onwards), the iron of the Forest was worked, but the methods used were primitive. Charcoal was used as fuel and the woods were increasingly depleted of trees of timber quality in consequence. Even so the royal protection checked destruction. Also the users of the timber would not want to destroy the woodlands totally or their future supplies would be endangered. Such economic forces caused, for example, King Henry III (1258) to grant certain woods to the Abbey of Flaxley, still known today as Abbots Wood, for the constant supply of charcoal to the abbey's iron furnaces. That these woods remain today in their entirety testifies to the conservation measures of the monks and their successors. The only regret is that within the last few decades they have mostly been transformed from their ancient mixed deciduous state into coniferous plantations. Coal mining grew rapidly after the industrial revolution but the land was still protected by ancient law and the effect was that the industrial dereliction was ameliorated by the ownership vested in the Crown. Private development tended to be resisted. The forest was also at that time considered important for the growth of timber for the navy and this forestry activity also tended to restrict encroachments by others. Wol. 4, No. 4 (1984)
N O W - - A TIME FOR CHANGE ? Today the control of the Forest is the responsibility of the Forestry Commission, the land being vested in the Minister of Agriculture. As times change, so do the economic and social forces acting on the landscape. Laws and administration which once seemed sensible may become outdated and undesirable. New attitudes may demand a new system. The history of the Dean went through a period of early royal protectionism, followed by an extensive industrial phase and then a period of intensive forestry. Present attitudes are turning towards conservation of the yet remaining natural ecosystems and beauty of landscape. Perhaps it is time to reconsider the management of the Forest of Dean in the light of these developing attitudes. It is time that the administration of the forest was modified to take account of these pressures and be transferred to a separate management body. The problems of the Forest are great enough to lend weight to this suggestion.
THE FORESTRY COMMISSION AND ITS POWERS The Forestry Commission was established by Act of Parliament in 1919 "for promoting afforestation and the production and supply of timber therein. The Commission may sell or let any land which in their opinion is not needed or has proved unsuitable..." By an Act of 18th July 1923 the Crown Woodlands were transferred to the Forestry Commission: "of any estate, interest, rights, powers and liabilities of the Crown in connection with any property under the management and control of the Commissioners of Woods" "for any property transferred under this Act being held and dealt with.., in all respects as property acquired under the Forestry Act 1919". The emphasis in these Acts is on commercial forestry not any wider issues. Even as late as 1967 (Forestry Act of 22nd March) the same principles of dedication to forestry and sales of unsuitable land are reiterated. Again and significantly in the Forestry Act 1981 it is stated "Subsection (2) above shall not apply in relation to land acquired under this section which is in the Forest of Dean; but the Minister may sell any such land if in his opinion it is not needed or ought not to be used, for the purpose of afforestation or any purpose connected with forestry..." Further this same Act (1981) expressly urges the Ministers "In performing their functions... 307
shall have regard to the national interest in maintaining and expanding the forestry resources of Great Britain".
FORESTRY COMMISSION'S MULTI FUNCTION AND SALES OF LAND From all the above there arise two issues. The first issue is that however right it is that the Commission exists to produce timber efficiently, this is apparently not the body to have total control over an ancient forest with its incredible woven web of history and natural interest. It is not in the Commission's statutory brief to be so concerned. Although of recent years the Commission has bowed to pressure, recognised other moral duties and made room in its management for conservation and amenity activities, one senses uneasily that these are concessions and do not reflect an innate desire by the Commission to be so involved. The words 'amenity' and 'conservation' need careful definition. By 'amenity' one means the recreational aspects and visual appearance of the landscape. 'Conservation' here relates to protection of both the natural heritage (e.g., ancient woods, ponds, boglands, etc.) and also the cultural heritage (e.g., ancient monuments). Part of our current problem is the confusion in thinking amongst many people of 'amenity' with 'conservation'. The Forestry Commission has adopted a multiple function policy but as we shall see it fits uneasily in the system where there is a priority for one function. This may not matter (though many would no doubt speak firmly to the contrary) in Thetford or Kielder, but in the Dean it is vital. The second issue is one of very recent interest. Many people claim, quite erroneously, that as a result of a clause in the Forestry Act (1981), the Dean is protected from any part being sold into private hands. Notwithstanding that the Act empowers the Commission to sell any of its lands, the Dean is expressly excluded from the provisions of this Act. As already shown, the Commission has always been able to sell land not considered appropriate for forestry, but until 1981 it could not sell productive woodlands. Now under the 1981 Act it can sell these woodlands. However, because of considerable public pressure the Dean was specially excluded from the Act and it cannot sell woodland (as such) in the Dean. But one must reiterate it can sell woodland for development or for any other use, as long as the land is in the Minister's opinion more appropriate for that other use. To confuse this confusion further, 308
for the purpose of the 1981 Act, the Dean includes other land beyond that of the 'Statutory Forest' as described in earlier Acts of Parliament (1831 Act). There is no definition in legislation on the boundaries of this extended Forest. Here we should pause to consider the term 'Statutory Forest'. It is to all intents and purposes the 'core' forest of the middle ages. Throughout the centuries the size of the area under Forest Law contracted until finally in 1831 there was no more to the Forest than the core. However, certain woodlands (for example such as those belonging to Flaxley Abbey and others adjacent but within the ancient manors and outside of the 'core' forest) have been purchased since by the Crown or the Forestry Commission. Notably the High Meadow woodlands to the west had been purchased by the Government to give to Lord Wellington, victorious over Napoleon at Waterloo. He refused the gift, and the estate was incorporated into the administration of the Dean. For the last ten years the Commission has disposed of land. In the early 1970s, nineteen acres of productive plantation was developed by the water authority for a water works. Recently one hundred acres was sold to the district authority for industrial development. In both of these major disposals there seems to have been little regard paid to the conservation aspects. Indeed, the industrial estate of 100 acres in the Cinderford region may well, if the building programme is carried through to completion, prove to be a considerable environmental misfortune (Fig. 2). Such sales have a savour of an expediency drawn out by financial and employment pressures. The Commission has sold marginal land for one thousand pounds an acre, a very good price; and the Dis-
Fig. 2. Part of the 100 acre industrial estate site at Cinderford. The open land has been sold to the precious metal refiners 'Engelhards'. It includes the rare Genista anglica. On the far side adjacent, a small area is set aside as a reserve for this plant. It is its only location in Gloucestershire. Under the dark conifer trees to the right is truly derelict land of coal waste left only to grow a very poor crop of softwood.
Vol. 4, No. 4 (1984)
trict Council, who are their own planning authority, have purchased it as building land at a bargain price. The Commission have tidied up a boundary and all agree that it was anyway only Forest waste. Such Forest 'waste' (a term as we have seen of historical usage, not an indication of dereliction) is often that which is most natural (Fig. 3). Throughout the perimeter areas of the Dean numerous plots ranging in size from tiny patches to several acres have been sold. At times the sale may have justifiable grounds but quite often all that is achieved is an enhancement of a private person's property and a permanent loss of that land to the public (Fig. 4). It can happen that these two issues become contradictory. Land sales 'not appropriate for forestry' may well be areas of geological, natural history, educational or scenic interest.
DEAN'S UNIQUE HERITAGE DEMANDS A CAREFUL APPROACH The cursory reader may be unimpressed by this, if he is not familiar with this strange corner of land--Gloucestershire 'The Eye Twixt Severn and The Wye'. For most people visiting the Dean the heritage of human culture will be most impressive. Here for centuries was the Royal forest made of a complex of oak woods, heathlands,
Fig. 4. Land sales. All the open area in the middle between the houses has been sold to various home owners enhancing their properties. The land is lost to public use including educational studies on the heathland.
stages of iron extraction and smelting to a height of activity in the nineteenth century. Researches into the making of steel in the last century helped the development of the Sheffield steel industry. Mines, furnaces and other works of this heritage remain in various parts of the district. Besides the iron, the coal industry has its own unique history here, from the 'sea cole pitts' of the monks of Flaxley Abbey to the large scale deep mines of the twentieth century (Fig. 5). Along with all this the history of the railways unfolded here from the horse drawn trams of the early nineteenth
Fig. 3. Truly derelict land of shale, concrete, brickbats, left over from coal mining. Surely such areas should be considered first for development ?
bogs, ranged by deer, flown over by kites and buzzards, administered by a feudal system of sergeants and foresters-in-fee, bounded by ancient ditches, marker stones and ringed outside by ancient manors each with their own inimitable history. From it sprung an industrial history of fundamental importance to England and the world. The Celts and Romans sought iron in the Dean and this industry developed through various Vol. 4, No. 4 (1984)
Fig. 5. Cannop coal mine about 50 years ago.
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century and the 1000 yard tunnel of 1809. Stone sleepers of the early days are still to be seen. All this could have wrought havoc to the landscape had not the protection of ancient laws kept it entire; held its integrity.
THE DECLINE OF THE NATURAL HERITAGE Much of the natural history interest of the Forest of Dean has suffered in the last few decades. Its once great diversity was related to the very considerable variety of the sedimentary rocks underlying it. Rocks of the later Palaeozoic, Silurian to Carboniferous, lie in a complex syncline. Ice Age deposits added to the complexity. From these rocks have evolved numerous soil types. A recent soil survey lists forty-five soil series in the North Eastern sector. Anciently these soils established the vegetation types already referred to. Even in 1948 large areas of wet heath and bog existed. At that time the "Survey of Gloucestershire" written by Gordon Payne, earlier a County Planning Officer, recommended that 7 areas be set aside as nature reserves. The journal of the Cheltenham and District Naturalists Society in 1950 records with regret
the draining and planting of one of these by the Commission as causing the extinction of the last real bog in Gloucestershire. One of the areas mentioned by Payne has been totally lost, others are ghosts of their apparent earlier state. At about the same date as Payne's work the Flora of Gloucestershire by Riddelsdell was published. This notes repeatedly the bog plants of the Forest. Bog Asphodel had been recorded in ten locations. It is now only in two. Sundews were found over a considerable area of the Coal Measures. They are now extinct. Cottongrass was fairly frequent. It also seems close to extinction. Fortunately, the R.S.P.B., the Nature Conservancy Council, and the Gloucestershire Trust for Nature Conservation have been able to acquire interests in reserves in the Dean (Fig. 6), but of the wet heaths and bogs little of interest remains. The situation in the Forest was echoed in a report in 1981 to the Nature Conservancy from an entomologist in connection with the hymenopteran recording scheme: "The management of the Forest over the past years has not been in the interests of Entomology. The pattern of destroyed habitats seemed to be prevalent wherever we went in the Forest proper; either the conifer plantations had replaced everything or 'Country-Parkism' had done the same job.
Fig. 6. The marsh at the top end o f Cannop Ponds. This marsh includes some interesting plants. Fortunately now acquired by a conservation trust it has some protection. Management for 'amenity' could destroy its interest.
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The Environmentalist
Grazing has been historically heavy and in grazed areas the ground flora was sparse even in the early fifties. The best areas were often small and in need of active protection against more intensive use, both agricultural and 'Leisure Activity'." Having said that, throughout the Dean, in out of the way comers, there must remain fragments of plant and animal associations and, of course, traces of human settlements and activity. These fragments yet u n k n o w n have an uncertain future.
ACCESS TO THE F O R E S T The uncertain future of the relics of human and natural history is patently shown by recent contentions over footpath and access recognition in the Forest. For many years the Ramblers Association have worked strenuously to get the right of people to visit the Forest established. The Forestry Commission have maintained that there is no right b u t that they allow people access. Recently they have conceded a pattern of a few long distance paths across the Forest. There is a danger in this attitude which few seem to realise. Concessions b y the Commission are varied; they cover sheep, nature conservation, access. Whether in some cases the agreements cut across presumptive ancient rights is legally unclear. The strength of law is to be preferred. Today no law adequately protects the ordinary person's 'rights' in the Forest. If we look at access more closely we can sense an uneasy state. Firstly the Commission has attempted to close footpaths even on land not statutorily in the Forest; that is in the fringe areas of High Meadow and Flaxley Woods. This is an attitude which no private landowner would dare display. In High Meadow, part of which is in Gwent in Wales, there is a most curious situation. A dense network of established rights of way exists on the Welsh side. In Gloucestershire there is a blank. Secondly the Commission are selling land 'no longer appropriate for forestry'. This is land enj o y e d since time began b y the populace at large, whether b y right or privilege it was so, and that public nature was enshrined in statute. The sales extinguish the custom o f access for ever. If access is not guaranteed to all the Forest any future government or agency can at a penstroke sell or remove for any purpose the people's interest in that land.
COMMON RIGHTS This situation is not made any better b y the Commons Registration Act of 1965. This Act Vol. 4, No. 4 (1984)
states "the foregoing provisions of this Act shall not apply to the New Forest or Epping Forest... and shall not apply to the Forest of Dean". As it happens, previous Acts of Parliament have established c o m m o n rights in the New Forest and Epping Forest. But there is no Act which relates to t h e c o m m o n rights or privileges of any person in the Forest of Dean. It seems that the Dean is the only place in England not to have legislation on this subject. The c o m m o n rights in the Forest have been debated in various works for about a hundred years. Most people, perhaps without knowledge, think of the Forest as a 'common'. Many would believe that in the past c o m m o n rights have existed. This is a complex area of debate. Recently the Commission and the Commoners Association, comprised of a group of the sheep 'badgers', have agreed on certain practices relating to what is termed the 'privilege' of grazing sheep. Do these 'privileges' or 'rights', however one sees them, exist on land already sold out of the Forest? Some legislation on this matter seems necessary to clarify the situation. Indeed, perhaps to control the situation, for sheep are not a blessing to all people.
MINING The uncertain future of the odd traces of interest is also underlined by the present controversies relating to open cast mining. A considerable tract of the central area, one mile by one third of a mile, has been bared by this process. It has, as they say, been restored, but o f course all previous traces of nature and man were eradicated (Fig. 7). The restoration is a new landscape. Its formation has had the advice of the Nature Conservancy Council but what has been extinguished we do not know. H o w long will it be before a complete ecosystem is reformed ? What of the manifold soil organisms, the herbs and rarer grasses? The millepedes have a hell o f a walk to colonise that area. That comment, flippant m a y b e in tone, exposes the problem o f such restoration. Ten thousand years of a complex ecosystem can be destroyed in a day and how does it come back? Other areas of the Dean are threatened. Yet in all these threats, the Commission publicly as a national body, seems to act as a disinterested party, receiving the compensation for disturbance from the mining companies as with the payments from land sales, but does not express an opinion as to whether it is in the interest of conservation in any form. Except that is, in one aspect; the Commission is happy to say that open cast mining improves the soil for 311
Fig. 7. A 'restored' open cast coal mine at Woorgreen. It includes a 15 acre wetland with advice from the Nature Conservancy Council. All earlier ecosystems have, of course, been obliterated.
afforestation. Locally one is aware that certain forestry officials are very concerned about the conservation problems.
PLANNING AND TOURISM To compound this insecurity the Commission acts within its protection as a Crown Agency. The land does not require planning permission for development by the Commission. The Commission is obliged by Circular 7/77 (14th February 1977) from the Department of the Environment to consult with the planning authority but in the end can go ahead with any plan it wishes. The developments it usually has in mind are of the tourist attraction kind, camp sites, picnic sites and the like. In the provision of amenities for tourism, the Commission holds some strong argument and many visitors, pleased with the picnic sites, viewpoints and guided trails, will leave with the impression that all is well and, as has been too often said 'the Dean is in the good hands of the Commission'. Ever since 1938 the Forestry Commission has recognised the interest of people in visiting the place. It was then called a National Forest Park. Since then they have made more and more provision for 'amenity'. At times these provisions are perfectly acceptable. At times quite 312
seriously damaging. The development at the wellknown viewpoint at Symonds Yat has been over the years destructive to the ancient earthen camp of that place. The earthwork was no doubt the protection to the original Gate or passage of Sigism u n d who was perhaps a noble servant of King Offa. The protected passage was probably part of Offa's national defence works between Mercia and Wales. Sometimes there is a lack of feeling for the ethos of the place in these tourist activities. At Symonds Yat the lavatories, the snack bar, the absurd wishing well, the dug away portions of earthen walls, filled in defence ditches, hardly are in tune with the ancient monument. At other places there is more success. The New Fancy picnic site demonstrates how an ugly coal mine spoil tip can be converted into a popular tourist attraction. Such sites are resilient and can withstand the pressures of large numbers o f visitors. The same cannot be said o f other sites in the area. Speech House Road Site of Special Scientific Interest for the lichens on its oaks, still has a car park and public lavatories. At Blaize Bailey which is a beautiful viewpoint, a car park, lavatories and a three mile scenic car route on Forest tracks has harmed what was a place of peace. Such opening up of the precious sites is not conservation. In this last instance it is said that the development is to relieve pressure on Symonds Yat. A report on The Environmentalist
Day Visitor Activity b y Colenutt and Sidaway had earlier drawn attention to the problems of Symonds Yat. But its suggestions for relief were on rather different lines. The report recommended an attraction in quite a different general location, closer to the route from the Wye Valley, and also suggested that facilities at the Yat be reduced.
A CHANGING LANDSCAPE The observer of the landscape in the Dean will perceive that gradually there is evolving a landscape o f amenity, a picture postcard scene. A tourist landscape tuned to the eye of the visitor (Fig. 8). The roads are lined with scenic blocks of trees, lakes are fashioned for recreation and pleasure. Picnic sites and places of interest become arranged to pass the summers day. This may be read as a criticism. It is not a criticism, it is the situation and, indeed, it has much value. But at the same time there is seemingly little feeling for the true sense of conservation. What is more this all seems to have gone on without much local discussion. Local deliberations on tourism only recently seem to be influencing the Commission.
Fig. 8. The Visitors Forest. A totally man made landscape; conifer plantations, artificial lake, amenity regulated. Is this the future? An attractive but bland landscape.
history and cultural heritage. Yet there is a bureaucratic machinery and a distance to the administration which makes it well nigh impossible for it to be sensitive to local needs. The Commission operates from Bristol and Edinburgh. The Dean needs a very local management. Moreover, the over-riding remit of the Commission for productive forestry puts all other considerations into a secondary position and one gets the impression very strongly that some senior forestry officers find the conservation lobbyists a nuisance.
FORESTRY
Public pressure in 1971 produced a Ministry directive that the then fifty-five percent of the Forest under conifer should not be increased. But this is a ministerial directive and could quite easily be changed. Moreover, one is unclear whether it refers to the 'Statutory Forest' or the extended forest referred to in a statement following the 1981 Act. But such a directive has little meaning in terms of conservation. The stabilised overall ratio of broadleaves to conifer does not mean that ancient broadleaf areas are to be retained. Change and change about is allowable and will be effected depending on circumstances of soil and related silvicultural factors. This means that the fragments o f old 'wildwood' are not necessarily secure. And indeed the areas that are ancient are fragmentary. It is fortunate that the R.S.P.B. have one 400 acre plot (much of it a nineteenth century planting of oak and not truly ancient woodland) and another 90 acre plot is controlled b y the Nature Conservancy Council. It would be unfair and b e y o n d reason to lay claim that the Commission are philistine destroyers without any respect for conservation. Repeatedly they assure us of their concern. Certainly within the organisation at grass roots level are forestry officials passionately interested in natural Vol. 4, No. 4 (1984)
THE V E R D E R E R S
Several times reference has been made to the protection afforded in past centuries to the integrity of the Dean through statute. Anciently protection came through the Court of Verderers. This Court still exists, though its powers have been reduced by various enactments in recent years. This is a pity since it is interesting that this Court does consist of knowledgeable and respected members of the c o m m u n i t y elected b y the people. There is here some incipient democracy. It is a system of great antiquity which could be built on. It is fundamentally perhaps more democratic than the Forestry Commission which is not responsible to any local feeling but to Parliament through the Minister of Agriculture. The Commission's line of reaction is too long, too diffused by its national concern, to respond to the varied needs of the local scene. Curiously in 1958 there was a recommendation to strengthen the Verderers. At that time a committee was sitting under the chairmanship of Lord Radnor to review the situation in the Forest of Dean and to recommend changes to secure an administration in line with modern requirements. Its report made some eminently sensible recom313
mendations. Particularly it urged that Verderers be increased in number and their powers over grazing, amenities and other matters should be enlarged. Among other matters it also quite categorically states that " N o sales of land should be permitted". It is so vehement on this point that it states in referring to the forbidding o f freeholds... "We regard this matter as being of vital importance for the future of the Forest and the safeguarding of its amenities". It refers to the amenity value o f the broadleaved vegetation and states that its retention is in the national interest. As has been mentioned, these recommendations, far from being followed, have been contradicted. Sales have gone ahead and coniferisation increased. In 1958 in a smaller Dean Forest area of 24 700 acres there were 1 2 5 3 0 acres of broadleaved woodlands. By 1976 out of an enlarged administrative district, including areas of original broadleaved woodlands acquired b y the Commission, bringing the area to 29 400, the broadleaved total had shrunk to 9 4 4 5 acres. The conifer acreage for the two dates are 5886 in 1958 and 13 911 in 1976 (Fig. 9).
THE SQUATTERS At that time a second Act was pased which regulated a problem increasing in the Forest throughout the period of the Industrial Revolution. From about 1750 onwards many families had moved on to the open lands on the edge of the Forest finding work in mines and furnaces. Squatters encroachments nibbled away illegally at the edges. Very detailed maps of these encroachments were made and the Statute of 27th July 1838 put an end to more of the like occurring. It did, however, allow most of the encroachments to remain saying that as a commission of 1787 had observed such encroachments and "not having taken effectual steps to assert its Right, (the Crown) ought not to disturb the Possession". The Act nevertheless remains clear as to the intention to retain the integrity of the Forest. The Crown has since provided land from the Forest for schools, churches and some other enterprises but until recently has held to the principle of the early Acts; That is till 1961 and 1971.
REPEALS ANCIENT STATUTES To understand the safeguarding of the Forest's integrity we must go back to the Civil War period. Before that unhappy time the larger part o f the Forest o f 18 500 acres was sold to Sir John Wintour, a local manorial lord and iron master, by Charles I. The Commonwealth, realising this blunder, revoked the grant and took it into Parliamentary hands. After a short relapse after the Restoration the new Parliament under Charles II also annulled the sale of Charles I's time. The Act of Parliament (1667) that came out of this sorry affair was very clear as to the future intention "And to the end the said Forest and Premises may be perpetually preserved and estated in the Crown for public use as aforesaid and may not be granted or disposed to any private Use or Benefit, be it further enacted. That in case any Person or Persons whatsoever shall presume to take, or shall obtain any Gift, Grant, Estate or Interest of or in the said Inclosure or Wastes, or any Wood or Trees growing thereon or of or in any of the Mines or Quarries of or within the said Inclosures... every such Gift, Grant, Estate and Interest shall ipso facto be null and void..." The same Act also refers to 'right of common'. Notwithstanding this Act, certain persons claimed the right of mining. These are the free miners. Such rights were confirmed in law in 1838. 314
Part of these earlier Acts were repealed in the Crown Estate Act of 1961. The rest of the Act of Charles II quoted above was repealed in 1971 within "The Wild Creatures and Forest Laws Act". This Act, far reaching in its consequences for the Forest of Dean, is only 53 lines long. It simply states that the 1667 Act is repealed. Before these Acts of 1961/1971 the integrity of the Forest of Dean was at least in law held by the 1667 Act. Since then the Commission has been relatively unfettered.
THE NEW FOREST If we compare the Forest o f Dean with the New Forest we find that there is a marked difference. The New Forest has had its own Acts of Parliament more recently. There was an 1877 Act which among other matters made it clear that in the New Forest if certain land is sold, the m o n e y should be used to purchase other land nearby so maintaining the acreage. (That Act of 1971 mentioned above unfortunately repealed also this valuable clause.) Nevertheless the Victorian parliamentarians had the right spirit. The 1877 Act also confirmed considerable powers on the New Forest Verderers. These powers were reconfirmed in the New Forest 1949 Act and the Verderers have considerable power over the amenities and conserThe Environmentalist
Fig. 9. Massed plantations of conifers in the central Forest area.
vation of the Forest. In 1964 there was a further New Forest Act. This altered the perambulation (boundaries) of the Forest, adding parts and excluding others. It also adds the following clause "In the performance of their functions.., the Forestry Commissioners and the Verderers shall have regard to the desirability of conserving flora, fauna and geological or physiographical features of special interest". The New Forest has problems a plenty itself. But on paper at least it seems to have more protection than the Dean. There are no Acts of Parliament relating to the Forest of Dean written in the above kind of vein.
A DEAN FOREST AUTHORITY There is enough evidence to make a claim that we need a new management Authority for the Dean. One which holds the land and can bring together all interests in cooperation. The Forestry Commission with is present multi-function policy, itself has conflicting interests, where one function is pre-eminent. In a new system it would still have a large part to play. A new Act of Parliament is necessary. It needs to establish the following: (a) A new configuration of the boundaries ('perambulation') of the Dean to include outlying contiguous woodlands. Vol. 4, No. 4 (1984)
(b) Regularisation of Common Privileges. (c) Access agreement to the whole area subject to appropriate temporary constraints for forestry activities. (d) Cessation of all land sales; and that all necessary development, only in the public interest, and for use of the public or public bodies, to be leasehold. (e) Adequate safeguarding of natural history, geology, physiographic features, heritage sites and amenity aspects. (f) A controlling body which administers the land and to which is responsible the operative agencies on the land. As a policy forming body the Authority need not be large or costly. Indeed it could raise its own revenues keeping funds in the Dean. The Authority would be not unlike the management of a landed estate. The suggestion is not a return to some quasiroyal protectionism. It is a device to bring about a devolution of policy to the local level amongst people who know the local environment. It would hopefully be able to balance the varied pressures safe in the knowledge that that is its prime function. It would be an environmental agency for this age.
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BIBLIOGRAPHY
Other Works
Acts o f Parliamen t
Baty, F. W. (1952) Forest of Dean, Robert Hale, London (a general work). Colborne, G. J. N. (1981) Soils in Gloucestershire, III, Sheet SO61, Soil Survey No. 73, Harpenden. Colenutt, R. J. and Sidaway, R. M. (1973) Forest of Dean Day Visitor Survey, Forestry Commission Bulletin 46. Dept. of the Environment (1977) 67rcular 7/7Z Dreghorn, W. (1968) Geology of the Forest of Dean and Wye Valley, David and Charles, Newton Abbot. Edwards, M. (1981) Report to NCC on Aculeate Hymenoptera in Forest of Dean in July 1980 (personal communication). Forest of Dean Committee (1958) Report, H.M.S.O. Forestry Commission. Forest of Dean District Council (1982) Cinderford District Plan. Hart, C. E. (1966) Royal Forest, Clarendon Press, Oxford. Hart, C. E. (1971) The Verderers and Forest Laws of Dean, David and Charles, Newton Abbot. Hart, C. E. (1971) The Industrial History of Dean, David and Charles, Newton Abbot. Paar, H. W. (1965) The Great Western Railway in Dean, David and Charles, Newton Abbot. Payne, G. E. (1947) Survey of Gloucestershire, Bellows, Gloucester. RiddelsdeU, H. J. et al. (1948) Flora ofGloucestershire, Clmtford House, Bristol (reprint).
Year
Monarch
1667 19/20
Charlesll
Title of Act c3
1808 48
Geo. III
c 72
1819 59
Geo. II!
c 86
1831 1/2 1838 1/2
Wm IV Victoria
c 12 c 42
1877 40/41 1919 9/10
Victoria Geo. V
c CXX1 Ch. 58
1923 13/14
Geo. V
Ch. 21
1949 12-14
Geo. 6
c69
1961 1964 1965 1967 1971
Eliz. Eliz. Eliz. Eliz. Eliz.
II II II II II
Ch. 55 c 83 Ch. 65 Ch. 10 Ch. 47
Eliz. II
Ch. 39
9/10 12-13 13/14 15/16 19/20
1981 29
316
Increase of Timber Forest of Dean Act. Dean & New Forest Timber Act. New Forest Commons & Dean Forest (Gales) Act. Boundaries of Dean Act. Dean Forest Encroachment Act. New Forest Act. Forestry Commission Establishment Act. Forestry (Transfer of Crown Lands) Act. New Forest (VerderersCommoners) Act. Crown Estates Act. New Forest Act. Commons Registration Act. Consolidating Forestry Act. The Wild Creatures & Forest Laws Act. Forestry Act.
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