BRIDGEND COUNTY BOROUGH COUNCIL

JOINT REPORT OF EXECUTIVE DIRECTOR ENVIRONMENT AND EXECUTIVE DIRECTOR RESOURCES.

REPORT TO CABINET

7th March 2006

ITEM DESCRIPTION

1.0 COITY WALLIA COMMONS

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1.0 Purpose of the Report

To present further information on the activities of the Coity Wallia Board of Conservators and background information on Commons Management in Bridgend County Borough Council.

2.0 Background

The history and legal status of the Coity Wallia Board of Conservators and their commons has been set out in the reports of the Deputy Chief Executive and Director of Corporate Services to Cabinet on 28th June. This report does not revisit that aspect, except to record that the Coity Wallia Commons Act 1976 which constituted the Conservators as a statutory body appears to empower them to regulate their area far more effectively than the County Borough’s reliance on the Commons Registrations Act 1965 and Commons Act 1899. Bridgend County Borough Council appoint two Councillors to the Board of the Conservators.

2.1 Countryside

Land Management

Countryside land management is an area of growing importance to Local Authorities. Recent legislation on environmental (Clean Neighbourhoods Act) standards and public access (CROW Act) has assigned new statutory duties and increased powers of intervention to the County Borough. This has augmented our established planning control and public protection interest in the Countryside, to a point where we should consider active partnership with owners and agencies in order to deliver the environmental agenda. The Bridgend Environmental Partnership, one of the seven key partnerships under the umbrella of the Local Strategic Partnership (LSP), has made the management of open space and countryside one of its main priorities and one which the LSP has endorsed.

3.0 Common Land

3.1 The nature and condition of common land, together with its use, maintenance and management has always raised issues with Local Authorities related for the most part, to the impact on community at large of the presence of the common.

Bridgend County Borough Council has direct involvement with a number of commons within the County Borough where it has inherited direct responsibility as regulator (Commons Act 1899). The Authority operates maintenance regimes which vary from total neglect (Angleton) through partial maintenance (Pen-y-fai) to a full parkland regime, (Cefn Cribwr). There is a Local Nature Reserves (Locks Common) and biodiversity rich sites on a number of commons, best known being Kenfig National Nature Reserve, which is actively managed by this Authority by the agreement of the Countryside Council for Wales (CCW). A number of the regulated commons

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have lost active stock-grazing commoners. Where this has occurred the quality and quantity of traditional pastureland has declined significantly. However large areas of the ungrazed commons have regressed only to the stage of bracken and brambles, which is of limited ecological interest, supporting few species.

The grazed commons such as Coity Wallia and Cefn Cribwr still retain swaths of improved grassland which is the hallmark of traditional common land.

3.2 Issues relating to common land regularly brought to the attention of the County Borough Council include:-

1. Straying animals (feral stock) 2. Vermin (rats) 3. Vegetation including over growth, notifiable weeds (Ragwort) and obstruction (footpaths). 4. Land, including encroachment and planning infringements. 5. Drainage/flooding. 6. Highways related, including verges, parking, statutory undertakers. 7. Travellers encampments 8. Boundary fencing. 9. Public Access and facilities.

3.3 Management and resolution of these concerns routinely falls on departments of Bridgend County Borough Council. Particularly licensing, Parks Department (undertaking active maintenance of BCB commons), Planning Department (Kenfig NNR) and Highways. This results in significant expenditure by the Authority on all commons, with the notable exception (in normal circumstances) of the Coity Wallia commons which are self governing through their board of conservators.

Information on current maintenance regimes for Bridgend County Borough Council commons is attached as Appendix A. It should be noted that a number of commons have no active management at all, which places a greater responsibility on this Authority in maintaining Public Rights of Way and Countryside access.

4.0 Coity Wallia Commons

The Coity Wallia Board of Conservators has a value to Bridgend County Borough Council as land managers delivering aspects of the Authority’s statutory duties and strategies over 3,000 acres of countryside adjacent to our urban centres and popular with the public as recreational areas.

Statutory Duty areas relevant to Bridgend County Borough Council include:-

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4.1 Highway Authority

Management of non maintainable Public Highways Control of straying animals Control of noxious weeds Footpaths, bridleways Road safety Drainage

Access Authority

Land management and improvement Signage Car parks

Public Protection Flytipping Animal welfare Travellers

Land Drainage Authority

Flood Prevention

4.2 Non Statutory Community Strategy: -

Biodiversity Policy

Woodland maintenance and regeneration Pasture management Aerial spraying

Economic Policy

Rural economy action – land improvement Support for SMEs

Tourism

Rural fairs Parking provisions

Leisure

Sport pitches (Pencoed)

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5. 0 Future Objectives for all Commons

The Welsh Assembly Government, in conjunction with the CCW, has placed great emphasis on the successful introduction and sustainability of the public access legislation (the “Right to Roam”). Bridgend County Borough Council was a pilot area for the role out of the initiative in the spring of 2005 and is currently involved in the CCW consultation on the expansion of the legislation to include coastal land. This in itself is a major development in respect of our visitor/tourism economic sector.

Elements such as the off road community route network, long distance footpaths and accessible countryside are making a positive contribution to economic activity in this area.

Land management of commons (as the most accessible public land) is a major consideration in the success of this development

Current practise is very variable, with a degree of public dissatisfaction with Bridgend County Borough Council own record on the commons we manage.

Bridgend County Borough Council could consider: -

1. The Coity Wallia mode of management by “interested” local people in partnership with County Borough and Community Councils. (There are similar (model schemes of regulations contained in the 1899 Act).

2. Outreach warden service based on Kenfig/Cynffig or Bryngarw.

3. Project development in partnership with countryside bodies such Coity Wallia, landowners CCW, to progress countryside related schemes such as a Nature Reserves, activity areas, trails etc.

6.0 Conclusion

Returning to the issue of funding and the merits of Coity Wallia Board of Conservators. The advice from Environmental and Planning would be that the body should be judged not in terms of another voluntary body but as a statutory body alongside town and community councils delivering environmental services and countryside management as a contribution to Bridgend County Borough Council strategies. There should be a value judgement as to the return received by the Authority on its annual investment. The Agency Agreement adopted for community councils is to pay only for works carried out (on Rights of Way maintenance in their case) up to a fixed grant sum, on receipt of invoices/evidence of the work being carried out. This may well be an appropriate model for Coity Wallia based on an agreed programme.

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7.0 Recommendations

To approve Coity Wallia grant conditional upon an agreed program or works relating to Bridgend County Borough Council statutory duties and policy. To transfer budget and management for future financial years to Environmental and Planning Highways (Public Rights of Way/Countryside Access) for control within the existing Community Council Agency Agreement model.

BACKGROUND PAPERS

Report of the Deputy Chief Executive Officer and Director of Corporate Services – Grants to Voluntary Organisations dated 28 June 2005.

CONTACT ADDRESS

Transportation & Engineering Environmental and Planning Services Directorate Bridgend County Borough Council Morien House, Bennett Street Bridgend Industrial Estate BRIDGEND CF31 3SH

CONTACT OFFICER

Aubrey Green - Head of Highways

Tel: 01656 642503 e-mail: [email protected]

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APPENDIX A

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COMMONS REGISTRATION ACT 1965 COMMON LAND REGISTER UNITS LOCATED IN THE COUNTY BOROUGH OF BRIDGEND COUNTY BOROUGH COUNCIL (GLAMORGAN REGISTER)

REGIST NAME COMMUNITY ACREAGE* STATUS ACCESS/OWNERSHP AS REGULATING BRIEF DESCRIPTION ESTIMATE ANNUAL ER UNIT (not verified) SHOWN IN THE REGISTER BODY/MANAGING BCBC OF MAINTENANCE COST DEPT REGIME

CL19 Kenfig Pool and Burrows Cynffig (Bridgend) 1943 Urban Owners: Trustees of Kenfig The Kenfig Reserve Liaison 5 members of staff £127,945.00 Porthcawl (Bridgend) Corporation Committee and the Kenfig carrying out visitor/habitat CCW provides grant aid of Margam (NPT) Consultative Committee – the site is a management work, £28,000 to the Authority, Margam Moors (NPT) Access under Law of Property Act LNR, NNR, SSSI and EU Special research and education, site is on a 21 year lease 1925 Section 193 Order of Area of Conservation. administration, health & (following previous 21 Limitations in place as to the safety and financial year lease) with Kenfig exercise of public rights of access Planning Department (Conservation & control. Trust. to Kenfig Common. Environmental Policy Section)

CL20 Allt y Rhiw Coychurch Higher 1350 Rural Coity Walia Commons Act 1976 Coity Walia Board of Conservators Mynydd Y Gaer Public Access Owners: Dunraven Estates c/- Cooke & Arkwright

CL21 Cefn Hirgoed Coychurch Higher 1580 Rural Coity Walia Commons Act 1976 Coity Walia Board of Conservators Hirwaun Common St Brides Minor Public Access Pencoed Owners: Dunraven Estates Coity Higher C/- Cooke & Arkwright and Bryncethin Brickworks Ltd

CL26 Mynydd Llangeinor Garw Valley 2597 Urban Owners: Bridgend County Borough Ogmore Valley Council and J M and A R Pugh of Nantymoel Farm and Duchy of Lancaster

CL27 Grove Common 5 Urban Owner: J L Joseph Grove House, Grove Farm, South Cornelly

CL30 Bryn Y Wrach Garw Valley 105 Urban Owner: Duchy of Lancaster Ogmore Valley

CL33 Locks Common Porthcawl 91 Urban Scheme for Regulation Commons Rest Bay Management No core budgets in Act 1899 by Porthcawl UDC Group? Planning have Planning (some 50% CCW Approved 5 April 1923. facilitated designation as a grant is matched against Owners: Bridgend County Borough LNR. A voluntary warden volunteer time). Council and J K Blundell c/- Cooke scheme has been & Arkwright established. *

COMMONS REGISTRATION ACT 1965 COMMON LAND REGISTER UNITS LOCATED IN THE COUNTY BOROUGH OF BRIDGEND COUNTY BOROUGH COUNCIL Executive Director - Environment 8

(GLAMORGAN REGISTER)

REGISTER UNIT NAME COMMUNITY ACREAGE* STATUS ACCESS/OWERNSHIP AS REGULATING BRIEF DESCRIPTION ESTIMATE (not verified) SHOWN IN THE REGISTER BODY/MANAGING BCBC OF MAINTENANCE ANNUAL COST DEPT REGIME

CL35 Pwll y Waun Porthcawl 6 Urban Owner: Bridgend County Borough Parks and Playing fields Primarily late maintenance Council Service (Education), Leisure * and Community Services

CL36 Common Opposite ½ Urban Part owner Bridgend County Moorlands Borough Council but remainder unknown

CL37 Morfa Llangrallo Coychurch Lower (Bridgend) 30 Rural Owners: Dunraven Estates c/- Llangan (Vale) Cooke & Arkwright

CL39 Craig Tal y Fan Ogmore Valley 116 Urban Duchy of Lancaster

CL43 Cwmdda Bach Garw Valley 8 Urban Duchy of Lancaster

CL46 Pen-y-Fai Common Newcastle Higher 67 Rural Scheme for Regulation Commons Parks and Playing Fields Regimes of maintenance Act 1899 by Penybont RDC Service (Education), range from no * Approved 4 December 1930 Leisure and Community maintenance, meadow Owners: Dunraven Estates c/- Services maintenance through to Cooke & Arkwright regular grass cutting, sports pitch maintenance and play area maintenance inspection.

CL47 Angelton Newcastle Higher 4 Rural Scheme for Regulation Commons Parks and Playing Fields None Act 1899 by Penybont RDC Service (Education), * Approved 27 June 1933 Leisure and Community Owners: Dunraven Estates c/- Services Cooke & Arkwright

CL50 Bryn Glas 7 Rural Owners: Dunraven Estates c/- Cooke & Arkwright Duchy of Lancaster

CL51 Coity Castle Green Coity Higher 1 Rural Scheme for Regulation Commons Parks and Playing Fields Regular grass cutting and (Twynshippin) Act 1899 by Penybont UDC Service (Education), play area maintenance and * Approved 9 Sept 1932 Leisure and Community inspection. Owners: Dunraven Estates Services.

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COMMON LAND REGISTER UNITS LOCATED IN THE COUNTY BOROUGH OF BRIDGEND COUNTY BOROUGH COUNCIL (GLAMORGAN REGISTER)

REGISTER UNIT NAME COMMUNITY ACREAGE* STATUS ACCESS/OWNERSHIP AS REGULATING BRIEF DESCRIPTION ESTIMATE (not verified) SHOWN IN THE REGISTER BODY/MANAGING BCBC OF MAINTENANCE ANNUAL COST DEPT REGIME

CL52 (Cefn Hirgoed) 74 Rural Owners: Dunraven Estates c/- Coity Anglia Cooke & Arkwright

CL80 Frithwaun Ogmore Valley 3 Urban C H Morgan of Panynawel Farm Blackmill and Duchy of Lancaster

CL81 Brynmenin Common Ynysawdre 33 Rural Scheme for Regulation Commons Parks and Playing fields Play area maintenance and Act 1899 by Penybont UDC Service (Education), grass cutting. * Approved 25 March 1935 Leisure and Community No maintenance off large Owners: Duchy of Lancaster and Services. areas. Bridgend County Borough Council

CL88 Felindre Common Pencoed ½ Rural Section 9: Unclaimed Ownership

CL92 Mynydd Bach Cefn Cribbwr 23 Rural Scheme for Regulation Commons Parks and Playing Fields Common Act 1899 by Penybont UDC Service (Education), Approved 30 May 1929 Leisure and Community Section 9: Unclaimed Ownership Services.

CL93 Stormy Down Cynffig Laleston 126 Rural Owner: J T T Fletcher Four Winds Toot Hill Ongar Essex

CL94 Mynydd Twmpath y Merthyr Mawr 24 Rural Section 9: Unclaimed Ownership Ddaear

CL105 Cerdin Llangynwyd Middle 1 Rural Section 9: Unclaimed Ownership

VG3 Newton Green Porthcawl 3 Urban Owner: Porthcawl Town Council Regular grass cutting and play area maintenance and * inspection.

VG17 Village Green Coity 1 Rural Owner: Coity Higher Community Council

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COMMONS REGISTRATION ACT 1965 COMMON LAND REGISTER UNITS LOCATED IN THE COUNTY BOROUGH OF BRIDGEND COUNTY BOROUGH COUNCIL (GLAMORGAN REGISTER)

VG18 Green off West Porthcawl Urban Owners: Welsh Water and Bridgend Drive County Borough Council

VG39 Coychurch Green 1 Rural Owner: Coychurch Lower Community Council

* - Currently costs not desegregated.

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