Appendix A

The Nomination Form

Assistance in completing this form can be found by downloading the guidance from the website

Section 1

About the property to be nominated

Name of property Blencathra ‘Saddleback’ Address of property Rising behind the village of Threlkeld, Nr Penrith. Area is defined in the attached sale document Postcode Property owners Address Lord Hugh Lonsdale c/o agents H&H Borderway, Rosehill Carlisle, Cumbria Postcode CA1 2RS Telephone number 01228 406260 Current occupier’s name No residents.

______

Section 2

About your community organisation and its contact point

Name of organisation Friends of Blencathra Limited Your title Ms Full name Deborah Niamh Saiorse Cosgrove Position in Organisation Chair Email address [email protected] Address Appletree House, Allerby, Cumbria, Postcode CA7 2NL Tel Number/Mobile 01900 810623 07540274737

Organisation type - tick all that apply

Unincorporated Community/Voluntary Group Parish Council

Neighbourhood Forum Community Interest Company

Industrial and Provident Society Charity Registration due by end of week X Company Limited by Guarantee X Other How many members do you have (this is particularlyX important for unincorporated community groups)? Approximately 8,000 across Social Media networks (Facebook and Twitter) and royal mail correspondence and contact. 7230 signatories of an independent 38 degrees petition in support of community purchase.

Section 3

Supporting information for nomination

Why do you feel the property is an asset of community value? Please give as much information as possible and attach any supporting evidence.

What is the definition of an asset of community value?

Land is deemed to be of community value if, in the opinion of the Council:

The current main use of the land furthers the social interests or social well-being of the local community, and it can continue to further the social interests or social wellbeing of the local community, although not necessarily in the same way, or;

The main use of the land in the recent past has furthered the social interests or social well-being of the local community it is realistic to think that within five years the land can be brought back into use that will further the social interest or wellbeing of the local community, whether or not in the same way as before.

We believe that Blencathra is an asset of community value because of its many uses. These include the living made from the land by the six farmers holding rights for grazing on the Commons through the Higher Level Stewardship Agreement (HLS). The rights of the farmers are currently protected through this (HLS), however this is due to expire in November 2020. We would wish to see this right protected, yet as recent activity at Langdale and Grasmere has shown, a land owner can unilaterally withhold permission for schemes such as the Uplands Entry Level Stewardship and effectively change the use of land. The proposal for registration of Blencathra as a community asset provides a mechanism to enable the community to bid for that asset in order to preserve its use for the public in perpetuity.

In addition Blencathra has been known as a draw for people for hundreds of years and even within the sales prospectus issued on behalf of Lord Lonsdale, this is recognised in their statement:

‘Blencathra’s reputation as a tourist attraction has its roots in the 18th Century, when people would travel on horseback or by carriage along the new Penrith to Keswick turnpike road to enjoy the spectacular views. The first account of climbers reaching from the summit dates from 1793, when they admired ‘prospects of the utmost grandeur’ (H & H Land and Property – agents for Lord Lonsdale)

The public access to the area through the ‘Right to Roam’ legislation would indicate that this is already recognised as a place for the community and the Lake District National Park Authority’s responsibility to ensure the public access is testament to this right. However, this is an opportunity for people to be able to take more responsibility and to truly engage in protecting this iconic mountain for generations to come and to take part in what has recently become labelled ‘The Big Society’. The several hundred letters of support already received, along with the information provided through the 38 Degrees petition signed by 7230 would indicate a strong level of support that has been shown in just 4 weeks from commencing this campaign. Wainwright described the ascent from Threlkeld via Hall’s Fell Ridge as “positively the finest way to any mountain-top in the district” in fact he recorded more routes of ascent for Blencathra than any other fell. This in itself means that there are many opportunities for walkers and climbers of varying ability and age to enjoy this iconic mountain.

The community have demonstrated both their commitment and love for the mountain by pulling together to raise funds for the purchase of this land in order to ensure its future ownership and care. However they seek the security of the Community Asset Registration to help give the best chance that in the future the land can be managed with the interest of the public at large rather than at the whim of an individual landowner. It will also ensure a period for consultation with the current land owner to demonstrate our good intentions. This has not been possible whilst the property was on the open market. It is not the intention to try to reduce the price of the mountain, rather it is so that we can use this as the opportunity to get round the table with the landowner and match any genuine offer made in a timely manner.

The fact that the key partners such as the National Trust, Friends of the Lake District and John Muir Trust have all spoken out in public meetings in support of the undertaking of Friends of Blencathra and the Chief Executive of the Lake District National Park spoke positively about the aspiration of this group as early on as the second week of the campaign all demonstrate the willingness of the professional organisations to support this proposal.

Within the next five years we envisage many opportunities for wider community engagement through partnership working with organisations such as the Blencathra Centre and the Calvert Trust to look at how they can best be supported to maximise the opportunities for those who might otherwise never be able to experience the pleasure of this iconic mountain. We believe that during this time that the commitment to the mountain will be demonstrated by the public through delivery of an agreed plan of action to ensure that there is a proper care and maintenance programme that is appropriate for the area and use of this special piece of land.

Blencathra holds a number of designations to include SSSI (Site of Special Scientific Interest) and the Lake District High Fells SAC (Special Area of Conservation) which is a European designation, indicating the international recognition of the special nature of this area. This is something valued by so many in both the local and wider community and we wish to be able to provide them with the sense of responsibility for the nurturing of this precious landscape that can only be enhanced by their knowledge of public ownership.

What does social interest and social wellbeing mean?

Social interests include (a) cultural interests; (b) recreational interests; (c) sporting interests.

Well-being are the things that people value in their life that contributes to them reaching their potential (economic, social or environmental) so this includes good mental and physical health, as well as good community spirit.

Without a doubt the mountain has its place in our Cumbrian culture, with a range of activity taking place with respect to the upland hill farms as well as the more obvious recreational and sporting interests with the mountain attracting huge numbers of visitors who walk, climb, scramble, fly from and around, run, cycle or just sit and admire it.

At the time of writing this proposal only four weeks have elapsed since the announcement of the proposed sale, in this time over 6,400 people have joined the Facebook group, with many more ‘liking’ our Facebook page and navigating our website, where we give information on progress of the activity. Our Twitter link, email and a mix of telephone calls and letters all are pledging their support for the community to own what they see as an iconic mountain. The numbers are still rising daily and the story has attracted interest in many countries abroad, with articles written in France, Germany, Holland, Greece, America, Canada and Australia to name but a few.

The response we have had indicates it is not the novelty of the land sale, it is the opportunity that this presents to us, the public, that has made people want to get in touch and to be involved. This mountain has touched the hearts of both the local residents and the wider community around the world who aspire to work in, live in or visit our wonderful landscape.

It is not the fear of the unknown purchaser, rather it is the recognition that this sale offers a rare chance for our local community to truly own what is, to many a sign of ‘coming home’ to so many. We have countless stories from people of all ages and socio-economic backgrounds telling us why they wanted to support this proposal these letters and many of the emails can be made available to you for your consideration. Please note that they are not attached at this stage following discussion with Mr Gordon Nicolson, but can be made available in time for the meeting to determine the registration.

Alfred Wainwright waxed lyrically about this specific mountain as indicated in the sale brochure submitted to you for consideration, and when we listen to the very personal stories that have been told about life on the mountain and its environs there can be no doubt that the community see this as something unique and special in their lives. We are asking for registration in order to formalise the aspirations of so wide a community. We have support from those whose family brought them to the mountain as young children and who have continued to visit, those whose parents and siblings died in what was at one time the sanatorium, but whose memories are fond when they talk of how much loved the location was. They have both an emotional and cultural connection to this special place. Those who have walked the mountain either as part of a series of walks or just because they love it. Sir Chris Bonington climbs it every Boxing Day, missing only two years in his memory. He is one of many; Doug Scott when interviewed claimed that of all the many mountains he has conquered around the world, Blencathra remains the favourite. We appeal for the registration on behalf of the thousands and thousands who love the mountain today, and those who will grow to love it in the future.

______

Section 4 Boundary of property

What do you consider to be the boundary of the property? Please give as much detail/be descriptive as possible. Please include a plan and if this is not possible, please provide a sketch stating the dimensions of the property to be listed, as precise information is required for registration purposes.

The mountain is commonly known as ‘Saddleback’ due to the distinctive shape at its summit. It is located in the Northern Fells of the Lake District National Park, and overlooks the A66 between Penrith and Keswick, being 12 miles from the M6 at junction 40

Blencathra covers an area of about 2,676 acres, (1,083 hectares), rising to a summit of 868m,(2,850 ft). The central flanks of Blencathra fall sharply on three sides towards the A66: to the West it adjoins the Skiddaw range, whilst to the North the land falls more gently towards Bowscale and the Uldale Fells. There is a map of the area included in the copy of the sales particulars also attached.

______Section 5 Attachment checklist

Copy of group constitution (Memorandum and Articles) Attached

Name and home addresses of 21 members registered to vote in nomination area (if group is not incorporated), plus confirmation they belong to the group and support the nomination. n/a although we can supply names and addresses of 21 + members as additional information if you require it.

Site boundary plan and description we are enclosing a copy of the sales particulars which contain a map and full details of the land known as Blencathra/Saddleback as part of our supporting evidence. ______

Section 6 Declaration

I can confirm that to the best of my knowledge the information contained in this nomination form is complete and accurate.

Signed: Deborah NS Cosgrove Dated: 3rd June 2014.

Please send your completed form to:

Director of Corporate and Legal Services Eden District Council Town Hall Penrith CA11 7QF or email to: [email protected] CERTIFICATE OF INCORPORATION OFA PRIVATE LIMITED COMPANY

Company Number 9041238

The Registrar of Companies for England and Wales, hereby certifies that

FRIENDS OF BLENCATHRA LTD

is this day incorporated under the Companies Act 2006 as a private company, that the company is limited by guarantee, and the situation of its registered office is in England and Wales.

Given at Companies House, Cardiff, on 15th May 2014.

The above information was communicated by electronic means and authenticated by the Registrar of Companies under section 1115 of the Companies Act 2006 THE COMPANIES ACTS 2006 PRIVATE COMPANY NOT HAVING A SHARE CAPITAL MEMORANDUM OF ASSOCIATION FOR A CHARITABLE COMPANY of FRIENDS OF BLENCATHRA LTD

Each subscriber to this memorandum of association wishes to form a company under the Companies Act 2006 and agrees to become a member of the company.

SUBSCRIBERS: Deborah Niamh Saiorse Cosgrove Alan Mark Hudson David James Farrar Karen Elizabeth Clough

DATE: 2014-05-14 THE COMPANIES ACTS 2006 PRIVATE COMPANY NOT HAVING A SHARE CAPITAL ARTICLES OF ASSOCIATION FOR A CHARITABLE COMPANY of FRIENDS OF BLENCATHRA LTD

1. COMPANY NAME The company's name is FRIENDS OF BLENCATHRA LTD (and in this document it is called the 'charity'). 2. INTERPRETATION 2.1 The regulations contained in the Model Articles for Private Companies Limited by Guarantee set out in Schedule 2 of The Companies (Model Articles) Regulations 2008 (SI 2008/3229), shall not apply to the Company. 2.2 In the articles: 'address' means a postal address or, for the purposes of electronic communication, a fax number, an e-mail or postal address or a telephone number for receiving text messages in each case registered with the charity; 'the articles' means the charity's articles of association; 'the charity' means the company intended to be regulated by the articles; 'clear days' in relation to the period of a notice means a period excluding: i) the day when the notice is given or deemed to be given; and ii) the day for which it is given or on which it is to take effect; 'the Commission' means the Charity Commission for England and Wales; 'Companies Acts' means the Companies Acts (as defined in section 2 of the Companies Act 2006), insofar as they apply to the charity; 'the directors' means the directors of the charity. The directors are charity trustees as defined by section 97 of the Charities Act 1993; 'documents' includes, unless otherwise specified, any document sent or supplied in electronic form; 'electronic form' has the meaning given in section 1168 of the Companies Act 2006; 'the memorandum' means the charity's memorandum of association; 'officers' includes the directors and the secretary (if any); 'the seal' means the common seal of the charity if it has one; 'secretary' means any person appointed to perform the duties of the secretary of the charity; 'the United Kingdom' means Great Britain and Northern Ireland; and words importing one gender shall include all genders; and the singular includes the plural and vice versa. Unless the context otherwise requires words or expressions contained in the articles have the same meaning as in the Companies Act but excluding any statutory modification not in force when this constitution becomes binding on the charity. Apart from the exception mentioned in the previous paragraph a reference to an Act of Parliament includes any statutory modification of re-enactment of it for the time being in force. 3 LIABILITY OF MEMBERS 3.1 The liability of the members is limited. 3.2 Every member of the charity promises, if the charity is dissolved while he or she or it is a member or within twelve months after he or she or it ceases to be a member, to contribute such sum (not exceeding £10) as may be demanded of him or her or it towards the payment of the debts and liabilities of the charity incurred before he or she or it ceases to be a member, and of the costs charges and expenses of winding up and the adjustment of the rights of the contributories among themselves. 4 OBJECTS 4.1 The charity's objects ('Objects') are specifically restricted to the following: Our Aim and Objective is to secure the purchase of the Cumbrian mountain, Blencathra, and its future for the public and community. 5 POWERS The charity has power to do anything which is calculated to further its Object(s) or is conducive or incidental to doing so. In particular, the charity has power: 5.1 to raise funds. In doing so, the charity must not undertake any substantial permanent trading activity and must comply with any relevant statutory regulations; 5.2 to buy, take on lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use; 5.3 to sell, lease or otherwise dispose of all or any part of the property belonging to the charity. In exercising this power, the charity must comply as appropriate with sections 36 and 37 of the Charities Act 1993, as amended by the Charities Act 2006; 5.4 to borrow money and to charge the whole or any part of the property belonging to the charity as security for repayment of the money borrowed or as security for a grant or the discharge of an obligation. The charity must comply as appropriate with sections 38 and 39 of the Charities Act 1993, as amended by the Charities Act 2006, if it wishes to mortgage land; 5.5 to co-operate with other charities, voluntary bodies and statutory authorities and to exchange information and advice with them; 5.6 to establish or support any charitable trusts, associations or institutions formed for any of the charitable purposes included in the Objects; 5.7 to acquire, merge with or to enter into any partnership or joint venture arrangement with any other charity; 5.8 to set aside income as a reserve against future expenditure but only in accordance with a written policy about reserves; 5.9 to employ and remunerate such staff as are necessary for carrying out the work of the charity. The charity may employ or remunerate a director only to the extent it is permitted to do so by article 6 and provided it complies with the conditions in that article; 5.10 to: a) deposit or invest funds; b) employ a professional fund-manager; and c) arrange for the investments or other property of the charity to be held in the name of a nominee; in the same manner and subject to the same conditions as the trustees of a trust are permitted to do by the Trustee Act 2000; 5.11 to provide indemnity insurance for the directors in accordance with, and subject to the conditions in, section 73F of the Charities Act 1993; 5.12 to pay out of the funds of the charity the costs of forming and registering the charity both as a company and as a charity; 6 APPLICATION OF INCOME AND PROPERTY UNIVERSAL CLAUSES 6.1 The income and property of the charity shall be applied solely towards the promotion of the Objects. 6.2 a) A director is entitled to be reimbursed from the property of the charity or may pay out of such property reasonable expenses properly incurred by him or her when acting on behalf of the charity. b) A director may benefit from trustee indemnity insurance cover purchased at the charity's expense in accordance with, and subject to the conditions in, section 73F of the Charities Act 1993. c) A director may receive an indemnity from the charity in the circumstances specified in article 56. 6.3 None of the income or property of the charity may be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of profit to any member of the charity. This does not prevent a member who is not also a director receiving: a) a benefit from the charity in the capacity of a beneficiary or the charity; b) reasonable and proper remuneration for any goods or services supplied to the charity. DIRECTORS BENEFITS Prohibition of directors/connected persons' benefits 6.4 A) No director or connected person may buy goods or services from the charity on terms preferential to those applicable to other members of the public, or sell goods or services to the charity or receive remuneration, or receive any other financial benefit from the charity. In this Article 'financial benefit' means a benefit, direct or indirect, which is either money or has a monetary value. 6.5 In sub-clauses (2)-(4) of this article 6: a) 'charity' shall include any company in which the charity: i) holds more than 50% of the shares; or ii) controls more than 50% of the voting rights attached to the shares; or iii) has the right to appoint one or more directors to the board of the company; b) in sub-clause (4) of this article 6, sub-clause (2) of article 45 and sub-clause (2) of article 46 'connected person' means: i) a child, parent, grandchild, grandparent, brother or sister of the director; ii) the spouse or civil partner of the director or of any person falling within paragraph (i) above; iii) a person carrying on business in partnership with the director or with any person falling within paragraph (i) or (ii) above; iv) in institution which is controlled: I) by the director or any connected person falling within paragraph (i), (ii), or (iii) above; or II) by two or more persons falling within the sub-paragraph (I) when taken together v) a body corporate in which: I) the director or any connected person falling within paragraphs (i) to (iii) has a substantial interest; or II) two or more persons falling within sub-paragraph (I) who, when taken together, have a substantial interest. c) Paragraphs 2 to 4 of Schedule 5 to the Charities Art 1993 apply for the purposes of interpreting the terms used in this sub-clause. 7 MEMBERS 7.1 The subscribers to the memorandum are the first members of the charity. 7.2 Membership is open to other individuals or organisations who: a) apply to the charity in the form required by the directors; and b) are approved by the directors. 7.3 a) The directors may only refuse an applicant for membership if, acting reasonably and properly, they consider it to be in the best interests of the charity to refuse the application. b) The directors must inform the applicant in writing of the reasons for the refusal within twenty-one days of the decision. c) The directors must consider any written representations the applicant may make about the decision. The directors' decision following any written representations must be notified to the applicant in writing but shall be final. 7.4 Membership is not transferable 7.5 The directors must keep a register of names and addresses of the members. 8 CLASSES OF MEMBERSHIP 8.1 The directors may establish classes of membership with different rights and obligations and shall record the rights and obligations in the register of members. 8.2 The directors may not directly or indirectly alter the rights or obligations attached to a class of membership. 8.3 The rights attached to a class of membership may only be varied if: a) three-quarters of the members of that class consent in writing to the variation; or b) a special resolution is passed at a separate general meeting of the members of that class agreeing to the variation. 8.4 The provisions in the articles about general meetings shall apply to any meeting relating to the variation of the rights of any class of members. 9 TERMINATION OF MEMBERSHIP Membership is terminated if: 9.1 the member dies or, if it is an organisation, ceases to exist; 9.2 the member resigns by written notice to the charity unless, after the resignation, there would be less than two members; 9.3 any sum due from the member to the charity is not paid in full within six months of it falling due; 9.4 the member is removed from membership by a resolution of the directors that it is in the best interestes of the charity that his or her or its membership is terminated. A resolution to remove a member from membership may only be passed if: a) the member has been given at least twenty-one days' notice in writing of the meeting of the directors at which the resolution will be proposed and the reasons why it is to be proposed; b) the member or, at the option of the member, the member's representative (who need not be a member of the charity) has been allowed to make representations to the meeting. 10 GENERAL MEETINGS 10.1 The charity must hold its first annual general meeting within eighteen months after the date of its incorporation. 10.2 An annual general meeting must be held in each subsequent year and not more than fifteen months may elapse between successive annual general meetings. 11 The directors may call a general meeting at any time. 12 NOTICE OF GENERAL MEETINGS 12.1 The minimum periods of notice required to hold a general meeting of the charity are: a) twenty-one clear days for an annual general meeting or a general meeting called for the passing of a special resolution; b) fourteen clear days for all other general meetings. 12.2 A general meeting may be called by shorter notice if it is so agreed by a majority in number of members having a right to attend and vote at the meeting, being a majority who together hold not less than 90 percent of the total voting rights. 12.3 The notice must specify the date time and place of the meeting and the general nature of the business to be transacted. If the meeting is to be an annual general meeting, the notice must say so. The notice must also contain a statement setting out the right of members to appoint a proxy under section 324 of the Companies Act 2006 and article 19. 12.4 The notice must be given to all the members and to the directors and auditors. 13 The proceedings at a meeting shall not be invalidated because a person who was entitled to receive notice of the meeting did not receive it because of an accidental omission by the charity. 14 PROCEEDINGS AT GENERAL MEETINGS 14.1 No business shall be transacted at any general meeting unless a quorum is present. 14.2 A quorum is: a) 3 members present in person or by proxy and entitled to vote upon the business to be conducted at the meeting; or b) one tenth of the total membership at the time whichever is the greater. 14.3 The authorised representative of a member organisation shall be counted in the quorum. 15.1 If: a) a quorum is not present within half an hour from the time appointed for the meeting; or b) during a meeting a quorum ceases to be present; the meeting shall be adjourned to such time and place as the directors shall determine. 15.2 The directors must reconvene the meeting and must give at least seven clear days' notice of the reconvened meeting stating the date, time and place of the meeting. 15.3 If no quorum is present at the reconvened meeting within fifteen minutes of the time specified for the start of the meeting the members present in person or by proxy at that time shall constitute the quorum for that meeting. 16.1 General meetings shall be chaired by the person who has been appointed to chair meetings of the directors. 16.2 If there is no such person or he or she is not present within fifteen minutes of the time appointed for the meeting a director nominated by the directors shall chair the meeting. 16.3 If there is only one director present and willing to act, he or she shall chair the meeting. 16.4 If no director is present and willing to chair the meeting within fifteen minutes after the time appointed for holding it, the members present in person or by proxy and entitled to vote must choose one of their number to chair the meeting. 17.1 The members present in person or by proxy at a meeting may resolve by ordinary resolution that the meeting shall be adjourned. 17.2 The person who is chairing the meeting must decide the date, time and place at which the meeting is to be reconvened unless those details are specified in the resolution. 17.3 No business shall be conducted at a reconvened meeting unless it could properly have been conducted at the meeting had the adjournment not taken place. 17.4 If a meeting is adjourned by a resolution of the members for more than seven days, at seast seven clear days' notice shall be given of the reconvened meeting stating the date, time and place of the meeting. 18.1 Any vote at a meeting shall be decided by a show of hands unless before, or on the declaration of the result of, the show of hands a poll is demanded: a) by the person chairing the meeting; or b) by at least two members present in person or by proxy and having the right to vote at the meeting; or c) by a member or members present in person or by proxy representing not less than one-tenth of the total voting rights of all the members having the right to vote at the meeting. 18.2 a) The declaration by the person who is chairing the meeting of the result of a vote shall be conclusive unless a poll is demanded. b) The result of the vote must be recorded in the minutes of the charity but the number or proportion of votes cast need not be recorded. 18.3 a) A demand for a poll may be withdrawn, before the poll is taken, but only with the consent of the person who is chairing the meeting. b) If the demand for a poll is withdrawn the demand shall not invalidate the result of a show of hands declared before the demand was made. 18.4 a) A poll must be taken as the person who is chairing the meeting directs, who may appoint scrutineers (who need not be members) and who may fix a time and place for declaring the results of the poll. b) The result of the poll shall be deemed to be the resolution of the meeting at which the poll is demanded. 18.5 a) A poll demanded on the election of a person to chair a meeting or on a question of adjournment must be taken immediately. b) A poll demanded on any other question must be taken either immediately or at such time and place as the person who is chairing the meeting directs. c) The poll must be taken within thirty days after it has been demanded. d) If the poll is not taken immediately at least seven clear days' notice shall be given specifying the time and place at which the poll is to be taken. e) If a poll is demanded the meeting may continue to deal with any other business that may be conducted at the meeting. 19 CONTENT OF PROXY NOTICES 19.1 Proxies may only validly be appointed by a notice in writing (a 'proxy notice') which: a) states the name and address of the member appointing the proxy; b) identifies the person appointed to be that member's proxy and the general meeting in relation to which that person is appointed; c) is signed by or on behalf of the member appointing the proxy, or is authenticated in such manner as the directors may determine; and d) is delivered to the charity in accordance with the articles and any instructions contained in the notice of the general meeting to which they relate. 19.2 The charity may require proxy notices to be delivered in a particular form, and may specify different forms for different purposes. 19.3 Proxy notices may specify how the proxy appointed under them is to vote (or that the proxy is to abstain from voting) on one or more resolutions. 19.4 Unless a proxy notice indicates otherwise, it must be treated as: a) allowing the person appointed under it as a proxy discretion as to how to vote on any ancillary or procedural resolutions put to the meeting; and b) appointing that person as a proxy in relation to any adjournment of the general meeting to which it relates as well as the meeting itself. 19A DELIVERY OF PROXY NOTICES 19A.1 A person who is entitled to attend, speak or vote (either on a show of hands or on a poll) at a general meeting remains so entitled in respect of that meeting or any adjournment of it, even though a valid proxy notice has been delivered to the charity by or on behalf of that person. 19A.2 An appointment under a proxy notice may be revoked by delivering to the charity a notice in writing given by or on behalf of the person by whom or on whose behalf the proxy notice was given. 19A.3 A notice revoking a proxy appointment only takes effect if it is delivered before the start of the meeting or adjourned meeting to which it relates. 19A.4 If a proxy notice is not executed by the person appointing the proxy, it must be accompanied by written evidence of the authority of the person who executed it to execute it on the appointor's behalf. 20 WRITTEN RESOLUTIONS 20.1 A resolution in writing agreed by a simple majority (or in the case of a special resolution by a majority of not less than 75%) of the members who would have been entitled to vote upon it had it been proposed at a general meeting shall be effective provided that: a) a copy of the proposed resolution has been sent to every eligible member; b) a simple majority (or in the case of a special resolution a majority of not less than 75%) of members has signified its agreement to the resolution; and c) it is contained in an authenticated document which has been received at the registered office within the period of 28 days beginning with the circulation date. 20.2 A resolution in writing may comprise several copies to which one or more members have signified their agreement. 20.3 In the case of a member that is an organisation, its authorised representative may signify its agreement. 21 VOTES OF MEMBERS Subject to article 8, every member, whether an individual or an organisation, shall have one vote. 22 Any objection to the qualification of any voter must be raised at the meeting at which the vote is tendered and the decision of the person who is chairing the meeting shall be final. 23.1 Any organisation that is a member of the charity may nominate any person to act as its representative at any meeting of the charity. 23.2 The organisation must give written notice to the charity of the name of its representative. The representative shall not be entitled to represent the organisation at any meeting unless the notice has been received by the charity. The representative may continue to represent the organisation until written notice to the contrary is received by the charity. 23.3 Any notice given to the charity will be conclusive evidence that the representative is entitled to represent the organisation or that his or her authority has been revoked. The charity shall not be required to consider whether the representative has been properly appointed by the organisation. 24 DIRECTORS 24.1 A director must be a natural person aged 16 years or older. 24.2 No one may be appointed a director if he or she would be disqualified from acting under the provisions of article 36. 25 The number of directors shall be not less than three but (unless otherwise determined by ordinary resolution) shall not be subject to any maximum. 26 The first directors shall be those persons notified to Companies House as the first directors of the charity. 27 A director may not appoint an alternate director or anyone to act on his or her behalf at meetings of the directors. 28 POWERS OF DIRECTORS 28.1 The directors shall manage the business of the charity and may exercise all the powers of the charity unless they are subject to any restrictions imposed by the Companies Acts, the articles or any special resolution. 28.2 No alteration of the articles or any special resolution shall have retrospective effect to invalidate any prior act of the directors. 28.3 Any meeting of directors at which a quorum is present at the time the relevant decision is made may exercise all the powers exercisable by the directors. 29 RETIREMENT OF DIRECTORS At the first annual general meeting all the directors must retire from office unless by the close of the meeting the members have failed to elect sufficient directors to hold a quorate meeting of the directors. At each subsequent annual general meeting one-third of the directors or, if their number is not three or a multiple of three, the number nearest to one-third, must retire from office. If there is only one director he or she must retire. 30.1 The directors to retire by rotation shall be those who have been longest in office since their last appointment. If any directors became or were appointed directors on the same day those to retire shall (unless they otherwise agree among themselves) be determined by lot. 30.2 If a director is required to retire at an annual general meeting by a provision of the articles the retirement shall take effect upon the conclusion of the meeting. 31 APPOINTMENT OF DIRECTORS The charity may by ordinary resolution: 31.1 appoint a person who is willing to act to be a director; and 31.2 determine the rotation in which any additional directors are to retire. 32 No person other than a director retiring by rotation may be appointed a director at any general meeting unless: 32.1 he or she is recommended for re-election by the directors; or 32.2 not less than fourteen nor more than thirty-five clear days before the date of the meeting, the charity is given a notice that: a) is signed by a member entitled to vote at the meeting; b) states the member's intention to propose the appointment of a person as a director; c) contains the details that, if the person were to be appointed, the charity would have to file at Companies House; and d) is signed by the person who is to be proposed to show his or her willingness to be appointed. 33 All members who are entitled to receive notice of a general meeting must be given not less than seven nor more than twenty-eight clear days' notice of any resolution to be put to the meeting to appoint a director other than a director who is to retire by rotation. 34.1 The directors may appoint a person who is willing to act to be a director. 34.2 A director appointed by a resolution of the other directors must retire at the next annual general meeting and must not be taken into account in determining the directors who are to retire by rotation. 35 The appointment of a director, whether by the charity in general meeting or by the other directors, must not cause the number of directors to exceed any number fixed as the maximum number of directors. 36 DISQUALIFICATION AND REMOVAL OF DIRECTORS A director shall cease to hold office if he or she: 36.1 ceases to be a director by virtue of any provision in the Companies Acts or is prohibited by law from being a director; 36.2 is disqualified from acting as a trustee by virtue of section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision); 36.3 ceases to be a member of the charity; 36.4 becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs; 36.5 resigns as a director by notice to the charity (but only if at least two directors will remain in office when the notice of resignation is to take effect); 36.6 is absent without the permission of the directors from all their meetings held within a period of six consecutive months and the directors resolve that his or her office be vacated; or 36.7 being a director of the charity by virtue of his or her membership of or appointment to the board of a member of the charity which is a body corporate, ceases to be such a member or officer of such corporate member or that corporate member ceases to be a member of the charity. 37 REMUNERATION OF DIRECTORS The directors must not be paid any remuneration unless it is authorised by article 6. 38 PROCEEDINGS OF DIRECTORS 38.1 The directors may regulate their proceedings as they think fit, subject to the provisions of the articles. 38.2 Any director may call a meeting of the directors. 38.3 The secretary (if any) must call a meeting of the directors if requested to do so by a director. 38.4 Questions arising at a meeting shall be decided by a majority of votes. 38.5 In the case of an equality of votes, the person who is chairing the meeting shall have a second or casting vote. 38.6 A meeting may be held by suitable electronic means agreed by the directors in which each participant may communicate with all the other participants. 39.1 No decision may be made by a meeting of the directors unless a quorum is present at the time the decision is purported to be made. ['Present' includes being present by suitable electronic means agreed by the directors in which a participant or participants may communicate with all the other participants.] 39.2 The quorum shall be two or the number nearest to one-third of the total number of directors, whichever is the greater, or such larger number as may be decided from time to time by the directors. 39.3 A director shall not be counted in the quorum present when any decision is made about a matter upon which that director is not entitled to vote. 40 If the number of directors is less than the number fixed as the quorum, the continuing directors or director may act only for the purpose of filling vacancies or of calling a general meeting. 41.1 The directors shall appoint a director to chair their meetings and may at any time revoke such appointment. 41.2 If no-one has been appointed to chair meetings of the directors or if the person appointed is unwilling to preside or is not present within ten minutes after the time appointed for the meeting, the directors present may appoint one of their number to chair that meeting. 41.3 The person appointed to chair meetings of the directors shall have no functions or powers except those conferred by the articles or delegated to him or her by the directors. 42.1 A resolution in writing or in electronic form agreed by a simple majority of all the directors entitled to receive notice of a meeting of directors or of a committee of directors and to vote upon the resolution shall be as valid and effectual as if it had been passed at a meeting of the directors or (as the case may be) a committee of directors duly convened and held provided that: a) a copy of the resolution is sent or submitted to all the directors eligible to vote; b) a simple majority of directors has signified its agreement to the resolution in an authenticated document or documents which are received at the registered office within the period of 28 days beginning with the circulation date. 42.2 The resolution in writing may comprise several documents containing the text of the resolution in like form to each of which one or more directors has signified their agreement. 43 DELEGATION 43.1 The directors may delegate any of their powers or functions to a committee of two or more directors but the terms of any delegation must be recorded in the minute book. 43.2 The directors may impose conditions when delegating, including the conditions that: a) the relevant powers are to be exercised exclusively by the committee to whom they delegate; b) no expenditure may be incurred on behalf of the charity except in accordance with a budget previously agreed with the directors. 43.3 The directors may revoke or alter a delegation. 43.4 All acts and proceedings of any committees must be fully and promptly reported to the directors. 44 DECLARATION OF DIRECTORS' INTERESTS A director must declare the nature and extent of any interest, direct or indirect, which he or she has in a proposed transaction or arrangement with the charity or in any transaction or arrangement entered into by the charity which has not previously been declared. A director must absent himself or herself from any discussions of the directors in which it is possible that a conflict will arise between his or her duty to act solely in the interests of the charity and any personal interest (including but not limited to any personal financial interest). 45 CONFLICTS OF INTEREST 45.1 If a conflict of interests arises for a director because of a duty of loyalty owed to another organisation or person and the conflict is not authorised by virtue of any other provision in the articles, the unconflicted directors may authorise such a conflict of interests where the following conditions apply: a) the conflicted director is absent from the part of the meeting at which there is discussion of any arrangement or transaction affecting that other organisation or person; b) the conflicted director does not vote on any such matter and is not to be counted when considering whether a quorum of directors is present at the meeting; and c) the unconflicted directors consider it is in the interests of the charity to authorise the conflict of interests in the circumstances applying. 45.2 In this article a conflict of interests arising because of a duty of loyalty owed to another organisation or person only refers to such a conflict which does not involve a direct or indirect benefit of any nature to a director or to a connected person. 46 VALIDITY OF DIRECTORS' DECISIONS 46.1 Subject to article 46(2), all acts done by a meeting of directors, or of a committee of directors, shall be valid notwithstanding the participation in any vote of a director: a) who was disqualified from holding office; b) who had previously retired or who had been obliged by the constitution to vacate office; c) who was not entitled to vote on the matter, whether by reason of a conflict of interests or otherwise; if without: d) the vote of that director; and e) that director being counted in the quorum; the decision has been made by a majority of the directors at a quorate meeting. 46.2 Article 46(1) does not permit a director or a connected person to keep any benefit that may be conferred upon him or her by a resolution of the directors or of a committee of directors if, but for article 46(1), the resolution would have been void, or if the director has not complied with article 44. 47 SEAL If the charity has a seal it must only be used by the authority of the directors or of a committee of directors authorised by the directors. The directors may determine who shall sign any instrument to which the seal is affixed and unless otherwise so determined it shall be signed by a director and by the secretary (if any) or by a second director. 48 MINUTES The directors must keep minutes of all: 48.1 appointments of offices made by the directors; 48.2 proceedings at meetings of the charity; 48.3 meetings of the directors and committees of directors including: a) the names of the directors present at the meeting; b) the decisions made at the meetings; and c) where appropriate the reasons for the decisions. 49 ACCOUNTS 49.1 The directors must prepare for each financial year accounts as required by the Companies Acts. The accounts must be prepared to show a true and fair view and follow accounting standards issued or adopted by the Accounting Standards Board or its successors and adhere to the recommendations of applicable Statements of Recommended Practice. 49.2 The directors must keep accounting records as required by the Companies Acts. 50 ANNUAL REPORT AND RETURN AND REGISTER OF CHARITIES 50.1 The directors must comply with the requirements of the Charities Act 1993 with regard to the: a) transmission of the statements of account to the Commission; b) preparation of an Annual Report and its transmission to the Commission; c) preparation of an Annual Return and its transmission to the Commission. 50.2 The directors must notify the Commission promptly of any changes to the charity's entry on the Central Register of Charities. 51 MEANS OF COMMUNICATION TO BE USED 51.1 Subject to the articles, anything sent or supplied by or to the charity under the articles may be sent or supplied in any way in which the Companies Act 2006 provides for documents or information which are authorised or required by any provision of that Act to be sent or supplied by or to the charity. 51.2 Subject to the articles, any notice or document to be sent or supplied to a director in connection with the taking of decisions by directors may also be sent or supplied by the means by which that director has asked to be sent or supplied with such notices or documents for the time being. 52 Any notice to be given to or by any person pursuant to the articles: 52.1 must be in writing; or 52.2 must be given in electronic form. 53.1 The charity may give any notice to a member either: a) personally; or b) by sending it by post in a prepaid envelope addressed to the member at his or her address; or c) by leaving it at the address of the member; or d) by giving it in electronic form to the member's address. 53.2 A member who does not register an address with the charity or who registers only a postal address that is not within the United Kingdom shall not be entitled to receive any notice from the charity. 54 A member present in person at any meeting of the charity shall be deemed to have received notice of the meeting and of the purposes for which it was called. 55.1 Proof that an envelope containing a notice was properly addressed, prepaid and posted shall be conclusive evidence that the notice was given. 55.2 Proof that an electronic form of notice was given shall be conclusive where the company can demonstrate that it was properly addressed and sent, in accordance with section 1147 of the Companies Act 2006. 55.3 In accordance with section 1147 of the Companies Act 2006 notice shall be deemed to be given: a) 48 hours after the envelope containing it was posted; or b) in the case of an electronic form of communication, 48 hours after it was sent. 56 INDEMNITY 56.1 The charity may indemnify a relevant director against any liability incurred by him or her or it in that capacity, to the extent permitted by sections 232 to 234 of the Companies Act 2006. 56.2 In this article a 'relevant director' means any director or former director of the charity. 56A The charity may indemnify an auditor against any liability incurred by him or her or if: 56A.1 in defending proceedings (whether civil or criminal) in which judgment is given in his or her or its favour or he or she or it is acquitted; or 56A.2 in connection with an application under section 1157 of the Companies Act 2006 (power of Court to grant relief in case of honest and reasonable conduct) in which relief is granted to him or her or it by the Court. 57 RULES 57.1 The directors may from time to time make such reasonable and proper rules or bye laws as they may deem necessary or expedient for the proper conduct and management of the charity. 57.2 The bye laws may regulate the following matters but are not restricted to them: a) the admission of members of the charity (including the admission of organisations to membership) and the rights and privileges of such members, and the entrance fees, subscriptions and other fees or payments to be made by members; b) the conduct of members of the charity in relation to one another, and to the charity's employees and volunteers; c) the setting aside of the whole or any part or parts of the charity's premises at any particular time or times or for any particular purpose or purposes; d) the procedure at general meetings and meetings of the directors in so far as such procedure is not regulated by the Companies Acts or by the articles; e) generally, all such matters as are commonly the subject matter of company rules. 57.3 The charity in general meeting has the power to alter, add to or repeal the rules or bye laws. 57.4 The directors must adopt such means as they think sufficient to bring the rules and bye laws to the notice of members of the charity. 57.5 The rules or bye laws shall be binding on all members of the charity. No rule or bye law shall be inconsistent with, or shall affect or repeal anything contained in, the articles. 58 DISSOLUTION 58.1 The members of the charity may at any time before, and in expectation of, its dissolution resolve that any net assets of the charity after all its debts and liabilities have been paid, or provision has been made for them, shall on or before the dissolution of the charity be applied or transferred in any of the following ways: a) directly for the Objects; or b) by transfer to any charity or charities for purposes similar to the Objects; or c) to any charity or charities for use for particular purposes that fall within the Objects. 58.2 Subject to any such resolution of the members of the charity, the directors of the charity may at any time before and in expectation of its dissolution resolve that any net assets of the charity after all its debts and liabilities have been paid, or provision made for them, shall on or before dissolution of the charity be applied or transferred: a) directly for the Objects; or b) by transfer to any charity or charities for purposes similar to the Objects; or c) to any charity or charities for use for particular purposes that fall within the Objects. 58.3 In no circumstances shall the net assets of the charity be paid to or distributed among the members of the charity (except to a member that is itself a charity) and if no resolution in accordance with article 58(1) is passed by the members or the directors the net assets of the charity shall be applied for charitable purposes as directed by the Court or the Commission. Appendix B

The Sales Particulars

Blencathra ‘Saddleback’ THE ENGLISH LAKE DISTRICT NATIONAL PARK hhreedsprinters.co.uk

Blencathra ‘Saddleback’ THE ENGLISH LAKE DISTRICT NATIONAL PARK

THE LORDSHIP OF THE MANOR OF THRELKELD

10 miles from Penrith and the M6 “One of the grandest objects in Lakeland and one of the best known.”

An iconic mountain massif | A jewel in Lakeland’s crown | A unique investment opportunity | An historic Manorial Title

2,676 acres (1,083 ha) Common grazing land and historic mine workings | FOR SALE PRIVATELY AS A WHOLE

Borderway, Rosehill, Carlisle, Cumbria CA1 2RS | 01228 406260 | hhland.co.uk The Blencathra massif is arguably the best known, most prominent and recognisable of the Lakeland Fells.

Commonly known as ‘Saddleback’ due to its distinctive profile, The attractive market town of Penrith (about 14 miles) has excellent Blencathra is located in the Northern Fells of the Lake District inter city rail connections to both the north and south; there are frequent National Park, and overlooks the A66 between Penrith and Keswick, services to London, the fastest now taking only 3 hours. International only about 12 miles west of the M6. Its characteristic silhouette is airports at Newcastle (about 85 miles), Manchester (about 120 miles) clearly visible over a wide area of Northern Cumbria. and Glasgow (about 130 miles) are all easily reached.

The principle attractions of the Lake District are all within easy reach, The English Lake District is renowned for its outstanding beauty, with including the popular town of Keswick on the shores of Derwentwater endless recreational opportunities for walking, climbing and sailing. (about 4 miles), Bassenthwaite Lake (about 8 miles), Ullswater and the Derwentwater, Bassenthwaite Lake and Ullswater are very popular boating Helvellyn range (about 12 miles) and the honeypot centres of Ambleside and sailing centres. Further afield, Hadrian’s Wall, the unspoilt Solway and Windermere (about 16 miles). coast and the Scottish Border country are all within easy reach. Many of the area’s premier Pennine grouse moors lie nearby; pheasant and DIRECTIONS partridge shooting are available locally, together with salmon fishing on the From Junction 40 off the M6 at Penrith, follow the A66 west towards River Eden. For golf enthusiasts, there are a number of courses in the area, Keswick. The Blencathra massif will soon be seen to the north, the village of including Keswick, Penrith and the well known links course at Silloth (about Threlkeld (below the south flank) being about 13 miles from the motorway. 30 miles).

The Lake District National Park is one of the best known and most loved areas of the United Kingdom and is currently undergoing an application for World Heritage status. DESCRIPTION Blencathra covers an area of about 2,676 acres (1,083 ha), rising to a summit of long into a vein that yielded lead and zinc. Disused since the 1930s, the levels can 868m (2,850 ft). The central flanks of Blencathra fall sharply on three sides towards still be seen when following the valley up to Middle Tongue. There are also some the A66; to the west it adjoins the Skiddaw range, whilst to the North the land falls old mines in the Glenderaterra valley next to Blease Fell, with lead and copper being more gently towards Bowscale and the Uldale Fells. mined from two smaller veins until the 1920s; a few unsuccessful workings that produced limonite and lead were driven during the 1890s near Scales Tarn and in Scales Tarn nestles in a bowl below the Eastern flank, surrounded by steep crags; Mousthwaite Comb east of Scales Fell. it is overshadowed by Sharp Edge, the main route to the summit and well known in climbing and walking circles. The Glenderamackin River rises here on its journey to Blencathra is sold subject to Common Grazing rights held by adjoining farmers. Derwent Water. The freehold owner has no grazing rights and at present derives no financial benefit from the grazing rights or existing Stewardship schemes. On a clear day, the views from the summit on Hallsfell Top are incomparable: to (see General Remarks section) the East and North across the Eden Valley, the northern Pennines and up to the Southern Uplands of Scotland; to the South and West over the principle Lakeland Peaks often as far as North Wales and the Isle of Man.

The area has an extensive and interesting history of mining and was once used as a source of various minerals. The largest mining works are on the western side of Hall’s Fell in the Gate Gill valley with the disused lead mine near Threlkeld being one of several levels driven up to a mile Alfred Wainwright in his famous and definitive guides refers to Blencathra as “... a mountaineers mountain” “Blencathra is one of the grandest objects in Lakeland. And one of the best known. Seen from the south-west, the popular aspect, the mountain rises steeply and in isolation above the broad green fields of Threlkeld, a feature being the sweeping curve leaping out of the depths to a lofty summit-ridge, where the skyline then proceeds in a succession of waves to a sharp peak before descending, again in a graceful curve, to the valley pastures far to the east.”

Alfred Wainwright. From A Pictorial Guide to the Lakeland Fells Book Five: The Northern Fells by Alfred Wainwright published by Frances Lincoln Ltd, copyright © The Estate of A. Wainwright 1962. Reproduced by permission of Frances Lincoln Ltd. The Lordship of the Manor of Threlkeld

This ancient Manorial Title is included in the sale and presents a Blencathra’s reputation as a tourist attraction also has its roots in the 18th very rare opportunity to acquire an historic feudal Lordship. The century, when people would travel on horseback or by carriage along the buyer will be entitled use the title ‘Lord of the Manor of Threlkeld’ new Penrith to Keswick turnpike road to enjoy the spectacular views. The and can apply to the College of Arms for an individual coat of arms. first account of climbers reaching the summit dates from 1793, when they admired ‘prospects of the utmost grandeur’. The earliest reference to the name Threlkeld – originally spelled ‘Trellekel’ - dates back to 1197. The name has been spelled Threlkeld since the 1240s On stern Blencathra’s perilous height and is a Norse word used by the Viking settlers. Interestingly, it means ‘the The winds are tyrannous and strong; spring of the thralls’ – a ‘thrall’ was a serf or slave. And flashing forth unsteady light From stern Blencathra’s skiey height, The de Threlkelds, who took their name from the village, were lords of the As loud the torrents throng! manor from the Middle Ages until the reign of Henry VIII when the male line died out. The last in the male line, Sir Lancelot Threlkeld, had three Excerpt from: ‘A Thought Suggested by a View of Saddleback in daughters and the youngest girl, Winifred, married William Pickering of Cumberland’ by Samuel Taylor Coleridge (1800) Killington near Kendal and the couple took over the lordship. Blencathra gives its name to the noted Lakeland Fell pack, the Blencathra Over the next few generations, the manor changed hands a number of times Foxhounds, who are kennelled nearby; they are the successors to the from the Pickerings to the Irton family, the Speddings and then the Howards legendry John Peel’s hounds. Peel is buried in Caldbeck Churchyard. The Rt. of Greystoke Castle. The Lordship of the Manor of Threlkeld was bought in Hon J W Lowther, later Viscount Ullswater, was Master from 1903 to 1919. the 1620s by the Lowther family and has remained in their hands of their descendants ever since – an unbroken ownership for almost four hundred Visit www.blencathra.info for further detail and background information years.

In the 17th and 18th centuries, manorial tenants were required to carry out HYDRO ELECTRIC SITE compulsory work for the lord of the manor - ploughing, mowing, shearing The sellers have entered into a lease with the Field Studies Centre for an and clipping sheep, and going onto the Commons and fellsides to dig and hydroelectric scheme to serve their Blencathra Centre at Threlkeld, on carry peat for the lord’s winter fuel. Other tenants had to do different sorts the south west edge of the Common; this includes a weir on Roughten of labour – mending drystone walls, repairing the manorial cornmill, or Gill, a Turbine House and electric cabling to the Centre. thatching buildings belonging to the manor. In return, the tenants of the manor were allowed to take peat, thatching materials, building stone and The lease is for a term of 50 years from 25 October 2013 at an annual slate for a nominal charge, for their own use. Sadly (for some at least!) all rent of £1,000, payable annually in advance. A Royalty Rent of £4/ these customs were abolished in the late eighteenth century. megawatt hour (MWH) is payable in addition for production in excess The lordship also once benefitted from slate and granite quarries and of 1500MWH/annum. Both rents are subject to three yearly RPI linked copper and lead mines on Blencathra. reviews. A copy of the Lease is available with the Sales Pack (see below).

GENERAL REMARKS

Common Land There are five historic sites recorded on the Common, all related to the lead Saddleback Common is registered Common land (unit CL66). It is mining activity once carried out there. unenclosed on the northern & eastern boundaries and is contiguous with Mungrisdale Common (CL293) and the southern part of Carrock Fell & Single Payment Scheme (SPS) Mungrisdale Fell (CL60). The registered area is 1,083 ha. The sale does not include any SPS entitlements.

There are rights on the Common for: Sporting Rights • 5471 ewes • 202 shearlings • 732 hoggs • 200 lambs In so far as they are owned, sporting rights are included in the sale.

Some of the sheep rights can be substituted for cattle or ponies. Mines and Minerals Minerals including clay, boulder clay, sand and gravel beneath the property There are ten active graziers in the HLS agreement, of which six hold rights (and the strata bearing them) are excluded from the sale but the sellers will on Saddleback Common; they graze a mix of Swaledale and Herdwick sheep, not reserve any rights of working or any other minerals. Herdwicks being the indigenous local breed. There are a further six local farmers who have rights to graze but are not currently exercising them. Airspace In accordance with Estate policy freehold airspace over 10m above ground HLS (Higher Level Stewardship) Agreement level will be excluded from the sale. The Common is in an HLS agreement (started in December 2010 and running to November 2020) with the Mungrisdale and Carrock Commons. This restricts Hydro Electric Schemes the number of sheep allowed on the Common at all times of the year. As part Subject to planning consent, there may be opportunities for further hydroelectric of the HLS agreement, three small areas (totalling 13.11ha - 32.4 acres) schemes in the future. The sellers will not retain any rights for such schemes. have been fenced off and planted with trees. Boundaries Designations, Habitats, Historic & Natural Features There is no available information as to repairing responsibility for the The Common includes the summit of Blencathra (868 m AOD) as well as existing boundaries on the south and west side of the Common. However the Atkinson Pike, Scales Fell, Doddick Fell, Hall’s Fell, Gategill Fell and Blease boundaries have apparently been repaired for many years by the adjoining Fell, which are all part of the Blencathra massif. Blencathra forms part of landowners who are deemed to have accepted responsibility for them. the Skiddaw Group SSSI (Site of Special Scientific Interest) “in unfavourable recovering condition” and the Lake District High Fells SAC (Special Area of Access Conservation – a European designation). It falls within the Bassenthwaite The owners of the enclosed land on the south west boundary (near Lake catchment area. Threlkeld village) are assumed to have prescriptive rights of access to it over the Common. The habitats found on the Common are: • Approx 200 ha of upland heath (heather etc) The property is sold subject to any public and private rights of way or • About 30 ha of blanket bog access, including those arising by long user. • A similar area of other mires, flushes and bogs • The rest is rough grassland, classed as montane heath There is a small and apparently informal public car park on the south-west by Natural England above 600 metres AOD. corner of the property, adjacent to the Blencathra Centre. VIEWING Although Blencathra is a Public Access area under the ‘Right to Roam’ A Sales Pack, including the Sale Contract, associated documents and Offer legislation and can be viewed from existing Public Footpaths, prospective Form can be inspected online (www.blencathra.info) and in person at the buyers are strongly advised to make appointments to view through the Selling Agents offices in Carlisle. The successful bidder will be required to Selling Agents. exchange contracts within 10 working days of acceptance of the offer and will be deemed to have made the offer in full knowledge and acceptance of For Health and Safety reasons, those viewing Blencathra are urged to the Conditions of Sale. exercise due care and attention, particularly in the vicinity of the former mine workings. SELLERS’ SOLICITORS Further detail and background information on Blencathra can be found at: Bond Dickinson www.blencathra.info One Trinity, Broad Chare, Newcastle upon Tyne NE1 2HF David Towns METHOD OF SALE Direct: +44 191 230 8350 Blencathra is offered for sale privately with a closing date set for Mobile: +44 7966 324312 receipt of best and final offers to be received by the Selling Agents by: Office: +44 845 415 0000

NOON ON WEDNESDAY 2ND JULY 2014 Fax: +44 (0) 191 230 8501 DX 727902 Newcastle upon Tyne 28 The Sellers reserve the right to consider offers in advance of the closing date. www.bonddickinson.com VAT will be payable on the sale price.

Thank you to Val Corbett (01931 712293) www.valcorbettphotography.com and David Morley for the kind permission to reprint their photographs / Blencathra - Location

Glasgow Airport

Blencathra

Newcastle Airport

Manchester Airport

Thank you to Val Corbett (01931 712293) www.valcorbettphotography.com and David Morley for the kind permission to reprint their photographs

Crown Copyright 2009. Date: February 2014 All rights reserved. Our Ref: HL69H Licence number 100020449 Plan No: Location Scale @ A4:1:500,000

0 5,000 10,000 20,000 Meters Borderway, Rosehill, Carlisle, CA1 2RS Tel: 01228 406260 www.hhland.co.uk IMPORTANT NOTICE

H&H LAND AND PROPERTY Ltd for themselves and for the Vendor or Lessors of this property, whose Agents they are, give notice that:

(i) the particulars are set out as a general outline only for the guidance of intending Purchasers or Lessees and do not constitute, nor constitute part of, an offer or contract;

(ii) all descriptions, dimensions, areas references to condition and necessary permissions for use and occupation and other detail are given as a guide only and without responsibility and any intending Purchasers or Tenants should not rely on them as statements or representations of fact but must satisfy themselves, by inspection or otherwise, as to the correctness of each of them; no employee of H&H LAND AND PROPERTY Ltd has the authority to make or give any representation or warranty whatever in relation to this property nor is any such representation or warranty given whether by H&H LAND AND PROPERTY Ltd. or the Vendors or the Lessors of this property.

(iii) the making of any offer (bid) for this property will be taken as an admission by the intending Purchaser that s/he has relied solely upon his own personally verified information, inspection and enquiries.

(iv) the photographs depict only certain parts of the property. It should not be assumed that the property remains as displayed in the photographs.

(v) where any reference is made to planning permissions or potential uses, such information is given by H&H LAND AND PROPERTY Ltd in good faith. Prospective Purchasers should make their own enquiries with the Local Planning Authority into such matters.

(vi) the Vendors reserve the right to amalgamate, withdraw or exclude either of the Lots shown at any time and to generally amend the particulars or method of sale.

(vii) the property is sold subject to reserve(s).

(viii) H&H LAND AND PROPERTY Ltd reserve the right to sell privately without imposing a closing date and do not bind themselves to accept the highest or any offer.

These particulars have been prepared in accordance with The Business Protection from Misleading Marketing Regulations to give a fair overall view of the property.

Particulars Prepared February 2014 hhreedsprinters.co.uk Appendix C

Summary of Statutory Provisions

Eden District Council

Assets of Community Value

A Summary of the Statutory Provisions Procedure to Nominate Land

1. Introduction 1.1 Under the Localism Act, the Council has to maintain a list of land in its area that is of community value. The obligation arises under Section 87 of the Localism Act. It is for the Council to decide the form and content of its list of assets of community value, subject to whatever regulations the Secretary of State may make. 2. Land of Community Value 2.1 A building or other land in the Council’s area is land of community value if in the authority’s opinion: a) an actual or current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community; and b) it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community. alternatively if, in the authority’s opinion, (a) there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interests of the local community, and (b) it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community. 3. The Procedure for including Land in a List 3.1 Land in the Council’s area which is of community value may be included in the list only: a) in response to a community nomination; or b) where permitted by regulations made by the Secretary of State. 3.2 A community nomination means one which nominates the land in the area for inclusion in the list of assets and is made by a Parish Council or by a person that is a voluntary or community body with a local connection. A voluntary or community body has a local connection if with land in a local authority's area if, among other things, the body's activities are wholly or partly concerned with the local authority's area, or with a neighbouring authority's area. 1

3.3 Regulations may enable a nomination to be made by someone in circumstances other than where it is a community nomination. 3.4 Upon the community nomination being made it must be considered. The Council must accept the nomination if the land is in the Council’s area and of community value. If the Council is required to accept the nomination, the authority must cause the land to be included in the list of assets. If the nomination is unsuccessful the Council must give to the person who made the nomination the authority’s written reasons for its decision that the land could be included in the list. 4. Notice of Inclusion 4.1 The Council must give a written notice of the inclusion or removal of land in its list of assets of community value to: a) the owner of the land; b) the occupier of the land if he is not the owner; c) if the land was included in the list in response to a community nomination, the person who made the nomination; and d) any person who is so specified in the regulations. 4.2 If appropriate where it is not reasonably practicable to give a notice, the Council may instead take reasonable alternative steps to bring the notice to the person’s attention. 5. Review of a Decision 5.1 The owner of the land included within the authority’s list of assets of community value may ask the authority to review the decision. The Council must review the decisions and must notify the person concerned of the decision and the reasons for the decision on any review. If the decision on a review under subsection is that the land concerned should not have been included in the authority's list of assets of community value, the authority must remove the entry for the land from the list. Where the land was included in the list in response to a community nomination and upon review the nomination becomes unsuccessful, the authority must give a written copy of the reasons for the decisions to the person who made the nomination. 6. List of Unsuccessful Community Nominations 6.1 The Council must maintain a list of land in its area that has been nominated by unsuccessful community nominations. This list is to be known as the list of land nominated by unsuccessful community nominations. 7. Publication 7.1 The Council must publish its list of assets of community value and the list of any land nominated by unsuccessful community nominations. The list must be available for inspection. The Council must provide a free copy of its list of assets to any person who asks for it. 8. Moratorium

2

8.1 The person who is the owner of land which is included within the authority’s list of assets of community value must not enter into a relevant disposal of the land unless certain conditions are met. The conditions are: a) The particular person has notified the Council in writing of that person’s wish to enter into relevant disposal of the land; b) Either the interim moratorium period has ended without the Council having received from any Community Interest Group a written request for the Group to be treated as a potential bidder for the land or the full moratorium period has ended; or c) That the protected period has not ended. 8.2 There are exclusions from the moratorium where a disposal is by way of gift or in relation to a disposal by will or intestacy, amongst others. 8.3 The full moratorium period means six months beginning with the date upon which the Council receives notification under Condition 8.1 a. 8.4 The interim moratorium period means six weeks beginning with the date upon which the Council receives notification under Condition 8.1 a. 8.5 The protected period means the period of eighteen months beginning with the date upon which the Council receives notification in relation to the disposal under Condition 8.1 a. 8.6 The meaning of the term “relevant disposal” is defined in the section 96 of the Act and includes the disposal of the freehold estate or the grant of a qualifying leasehold estate. The effect of the moratorium is that the community has to make an initial expression of interest in six weeks and the owner cannot sell to anyone else for six months if it does. 8.7 The effect of listing is to prevent a sale until there has been an adequate period to submit a bid should the owner wish to sell. 8.8 The Council’s list of assets must state that the notice has been received and indicate the date upon which the notice was received and the moratorium periods which are applicable. 8.9 If the Council receives from a Community Interest Group a written request to be treated as a potential bidder, the Council must pass that notification onto the owner or inform the owner of the details of the request. This obligation arises if the notice is received before the end of the interim moratorium period. 8.10 The Localism Act enables the Secretary of State to make regulations providing for the payment of compensation. 9. Local Land Charge 9.1 If land is included within the list of assets of community value, it should be included in the local land charges register. The Secretary of State may make regulations providing for enforcement and do anything to give advice and assistance in relation to land of community value. The Council has a duty to co-operate with other local authorities if different parts of any land are in different local authority areas. The District Council is the appropriate local authority for the purposes of the application of these provisions. A Parish 3

Council is not a local authority for this purpose. A County Council is only a local authority for this purpose where there is no District Council in the area concerned. 10. The Regulations 10.1 The Secretary of State has made the Assets of Community Value (England) Regulations 2012. The Regulations came into force on 21 September 2012, the day after they were made. The Regulations identify land which is not of community value. The following are not land which is of community value and therefore may not be listed:  A residence together with any land connected with that residence, however, land which is a residence falls within the exclusion may be listed if the residences of a building that is partly used as a residence and but for that residential use of the building the land would be eligible for listing.  Land on which a site license is required under the Caravan Sites & Control of Development Act cannot be listed.  Operational land as defined in Section 263 of the Town & Country Planning Act 1990 cannot be listed. Operational land is that which belongs to a statutory undertaker. 10.2 The Regulations define what is meant by “a local connection”. The activities that the body concerned must be wholly or partly connected with the Council’s area and there may be a requirement for it to have at least twenty-one local members if it is a Neighbourhood Forum. A voluntary or community body means:  a Neighbourhood Forum  Parish Council  a non incorporated body with at least twenty-one individuals who are members and which does not distribute any surplus to its members  a charity  a company limited by guarantee which does not distribute any surplus to its members  an industrial and providence society which similarly does not distribute any surplus; and  a community interest company. 11. Content of a Community Nomination 11.1 A community nomination must include:  A description of the nominated land including its proposed boundaries;  A statement of all the information which the nominator has with regard to the current occupants and the owner;

4

 The nominator’s reasons for thinking that the Council should conclude the land is of community value and the evidence that the nominator is able to make the community nomination. 11.2 The Council has a period of eight weeks to respond to the nomination. The Council must notify a Parish Council, the owner of the land and any occupant that a nomination is under consideration. 12. Compensation 12.1 An owner is entitled to compensation from the Council of such amount as the Council may determine in the following circumstances: 12.2 That the person making the claim has at the time when the person was the owner of the land the land was listed incurred loss or expense in relation to the land which would be likely not to have been incurred if the land had not been listed. 12.3 The regulations identify that the types of claim which may be made include (but are not limited to) a claim arising from any period of delay in entering into a binding agreement to sell the land which is wholly caused by the prohibition upon the disposal and a claim for reasonable legal expenses incurred in any successful appeal to the First-Tier Tribunal against a listing or compensation decision of the Council 12.4 A claim for compensation must be made in writing to the Council and before the end of the period of thirteen weeks after the loss or expense was incurred. The claim must state the amount of compensation which is being sought and be supported by evidence. The Council must give the claimant written reasons for its decision in relation to any request for compensation. 12.5 The regulations identify that a body which has its accounts audited under Section 2 of the Audit Commission Act 1998, a department or body to which Section 6 of the National Audit Act 1983 applies and a body which has its resources examinable under Section 7 of the 1983 Act may not claim compensation. 12.6 A person who makes a claim for compensation may ask the Council to review its decisions in relation to compensation, written reasons for a decision must be given. An appeal may be made to a first tier tribunal against any decision of the Council on a listing or compensation review. 12.7 The Council must notify the owners and mortgagees of any listed land as soon as practicable after the land is entered on the register. 12.8 The regulations set out a procedure for a listing and a compensation review and identified relevant disposals to which the Act does not apply. There are fifteen such examples. A review must be carried out and made by an officer of the authority of appropriate seniority who did not take any part in making the decision to be reviewed

5

Appendix D

List Of Parties Notified of the Application

Appendix D

List of Parties notified of the Application

Mungrisdale Parish Council

Threlkeld Parish Council

Allerdale Borough Council

12 individuals who are stated to have rights to use Blencathra in relation to grazing of sheep or rights of common

The Earl of Lonsdale

Bond Dickinson – Solicitors representing the personal representatives of the deceased seventh Earl of Lonsdale

Appendix E

Representations and Responses which have been received to the notification that the Council is considering the listing of Blencathra

26 June 2014 Bond Dickinson LLP

One Trinity Broad Chare P G Foote Esq Newcastle upon Ty ne NE1 2HF Corporate and Legal Services Tel: 0191 279 9000 Eden District Council Fax: 0191 230 8501 Town Hall DX 727902 Newcastle upon Ty ne 28

Penrith dav [email protected] Cumbria Direct: 0191 230 8350

CA11 7QF Our Ref : SRK/DJT/LON/0001/00569 Your Ref : PF/KE/L28

Dear Sir Our Clients:- The Lonsdale Settled Estate (1992 Settlement) and The Special Personal Representatives of the Late The Right Honourable James Hugh William Seventh Earl of Lonsdale Proposed Sale of Blencathra, Threlkeld

We refer to your letter dated 6 June 2014 by which you notified us of the application nominating Blencathra as an Asset of Community Value (“ACV”). Having taken advice from Counsel (Gregory Jones QC) our clients make the following submissions regarding the nomination application:-

Local Community

Section 88 (1)(a) of the Localism Act 2011 (“the Act”) makes clear that an asset will only be a community asset if inter alia the local authority is of the opinion that the current use of the land “is not an ancillary use [and is one which] furthers the social wellbeing or social interests of the local community.” The term “local community” is not defined in the Act. The principal text (Ricketts & Field “Localism and Planning” (Bloomsbury Professional) (2012)) offers no discussion on its definition, although it points out that the government’s policy statement of September 2011 said:-

“We want to give many more communities the opportunity to take control of assets and facilities in their neighbourhoods by levelling the playing field by providing the time for them to prepare a proposal.” [Underlining added]

Elsewhere, in the statement also in answer to “Why we are introducing these provisions,” it said:

“Over the past decade communities have been losing local amenities and buildings of great importance to them – the village or housing estate shop or pub or community centre or village hall. On average nearly 300 pubs and 400 village shops have closed each year.” [Underlining added]

It is therefore clear that the purpose of the legislation is to give local communities a chance to buy assets which are important principally to the local community i.e. those which are “local” or “in their neighbourhood”. This position is further supported by the limited eligibility criteria for those who can make applications to register assets as ACVs.

It is clearly intended that the use of the land in question must be of particular value to the local community, over and above the public at large; not every pub or post office can be an ACV, but ones which bring a particular value to a local community can be. The nomination application does not explain how Blencathra is of particular value to the local community, but rather refers to the public at large, which means that the relevant criterion in the Act has not been met.

Bond Dickinson LLP is a limited liability partnership registered in England and Wales under number OC317661. VAT registration number is GB123393627. Registered of f ice: St Ann‘s Wharf , 112 Quay side, Newcastle upon Ty ne, NE1 3DX, where a list of members‘ names is open to inspection. We use the term partner to ref er to a member of the LLP, or an employ ee or consultant who is of equiv alent standing. Bond Dickinson LLP is authorised and regulated by the Solicitors Regulation Authority .

\MAIN\26695762.1

Social Wellbeing and Social Interests

The word “social” is used in section 88 of the Act in connection with both “social wellbeing” and the alternative condition of “social interests”. The deliberate inclusion of that word is intended to add something of substance to the meaning of “wellbeing” and of “interests.”

The word “social” connotes, in its natural sense, something which facilitates or encourages persons in the locality to gather together (i.e. to “socialise”) as a community. A pub, village hall or post office would be obvious examples of this. Importantly, for the purposes of the Act, it is not sufficient to show merely that a number of individual members of the community separately enjoy or benefit from the use relied upon. This would not of itself further the social wellbeing or the social interests of the community. Some further element of “collectivity” is needed. The use, or at least the benefit that it brings, must properly be regarded as a social or communal one.

Section 88(6) of the Act states that ‘“social interest” includes (in particular) each of the following:- “cultural interest; recreational interest; and sporting interest;….” However, this is not intended to suggest that, for example, all recreational interests qualify without any “social” element. The definition is aimed more towards what is meant by an “interest” rather than whether the particular interest is as a matter of fact “social.” For example, walking up Blencathra alone may be of recreational and even sporting interest to the participant, but it could not be described as a “social interest”.

Whilst Blencathra is evidently used by the local community and beyond for recreation and walking, that cannot be said to further the “social wellbeing” or “social interests” of the local community because there is no evidence of such uses being “social” nor is there any evidence that the uses are of social benefit to the “local community”.

The application relies, so far as we can discern, on two “uses” which are said to be of community value. The first is the use of the land for grazing. However, it is nowhere explained, and is not obviously apparent, how the private entitlements of six particular individuals could serve to support the social wellbeing or interests of the wider community. If this were true then on its face the argument could be extended to any tenant farmer. It is therefore apparent that the grazing element of the application does not satisfy the requirement of social wellbeing or social interests.

The other use cited in the application is (broadly) that of public recreation. The account of this given in the nomination papers, however, appears quite indiscriminate as between visitors from far afield and those closer to home. No social or communal aspect to what is described can be identified. Walking, climbing, and the various other activities mentioned are not inherently communal pursuits. In particular, the “right to roam” under the Countryside and Rights of Way Act 2000 does not depend on any assessment of communal, or for that matter public, value.

The closest that the nomination comes to some definite social element is perhaps in its reference to “Cumbrian culture.” However, not only is this reference left unexplained, but notwithstanding the rather loose definition of “local community” (see above), the whole of Cumbria could not feasibly count as a “local community” for the purposes of the statute.

In summary, the nomination application does not explain how Blencathra enhances the social wellbeing or the social interests of the local community, because none of the claimed uses are social in nature, unlike the obvious social features of a pub, community centre, village shop or post office.

Non-Ancillary Use

Under the Act, the use of the land or building being nominated as a ACV must not be deemed “ancillary”. This means that the use of the land or building to further social wellbeing or interests of the community must be its principal use.

However, the land in question is registered Common Land (Unit CL66) and subject to registered grazing rights for up to 5,741 sheep. Blencathra has been used for grazing sheep for many centuries. Grazing sheep cannot be said to further the social wellbeing or social interest of the local community when grazing rights are held by a limited number of private individuals who may or may not be “local” to Blencathra.

\MAIN\26695762.1 2 www.bonddickinson.com

Public access, walking and recreation are not the primary uses of Blencathra, but are ancillary uses enabled due to public rights of way which have arisen and the designation of Blencathra as open access land under the Countryside and Rights of Way Act 2000. In this regard alone, Blencathra fails to meet the criteria required for registration as an ACV.

The Applicant

It is noted that the applicant is “Friends of Blencathra Limited”. The objectives of the company are restricted to “securing the purchase of the Cumbrian mountain, Blencathra, and its future for the public and community.”

It is arguable that the applicant company does not have sufficient local connection. Indeed, the purpose of securing the mountain as an ACV is not expressly stated in the company’s objectives. The company has four subscribers (it is not known whether they are local or not) and the restricted objectives of the company do not reflect the securing of the mountain as a community asset on behalf of the local community . Rather, the objectives of the company are to secure ownership of Blencathra for the general public and community at large. This reinforces the view that the mountain has no particular benefit to the local community .

Section 95(5) Localism Act 2011

Blencathra is vested in the Special Personal Representatives of the late Seventh Earl of Lonsdale, who died in May 2006. It has been widely publicised that they are selling Blencathra in order to apply the sale proceeds towards the reduction or settlement of the outstanding inheritance tax due on the estate of t he late Seventh Earl. The original inheritance tax bill of approximately £9m has been reduced since 2006 to leave an outstanding sum of approximately £2m, which attracts interest at a daily rate of approximately £150.

If, notwithstanding the above submissions, the Council decides to list it as an ACV, the Special Personal Representatives could dispose of Blencathra to a purchaser as planned, without any obligation to notify the Council under section 95(2) of the Act, and without the disposal being subject to the moratorium under section 95 of the Act.

This is on the grounds that the disposal would be made by the personal representatives of a deceased person in order to raise money to pay taxes and the costs of administering the deceased’s estate (see section 95(5)(c)(ii) and (iii) of the Act). This statutory exemption is clearly applicable in this case.

However, the potential use of this exemption is not to invite the Council to list Blencathra as an ACV regardless, given our clients’ above submissions.

Compensation

The Council should be aware that the outstanding inheritance tax on the late Seventh Earl’s estate is accruing interest at a substantial daily rate. Our clients have made it clear from the outset that the sale is being undertaken in order to pay down or settle the outstanding inheritance tax. If Blencathra is listed as an ACV and this leads to a lost potential sale, or leads to increased interest payments, our clients will seek to fully recover from the Council these losses and costs by all available means, including under the relevant provisions of the 2011 Act and the related Regulations.

Friends of Blencathra

Notwithstanding the above, our clients would be more than happy to sell Blencathra to the applicant company. However, our clients have an absolute legal duty, as trustees of a deceased person’s estate, to secure the best terms of sale. This includes achieving a competitive price and concluding the sale within a timely manner so that the payment towards or in settlement of inheritance tax can be made. The terms of the sale are that sealed bids must be submitted on or before 2 July 2014, with exchange of contracts occurring within 10 working days of acceptance of the winning bid.

\MAIN\26695762.1 3 www.bonddickinson.com

Summary

(i) In order to successfully qualify as an ACV, Blencathra must be shown to be of particular value to the “local community”, and not simply of value to the public at large. No evidence of this particular value has been provided by the applicant.

(ii) The applicant has also failed to explain what social benefits Blencathra brings to the local community. The recreational uses of Blencathra cited in the nomination application are neither “social” nor communal. the legislation was intended to protect assets such as village halls, shops and pubs where the social benefits to the community are obvious.

(iii) The principle use of Blencathra is grazing. This has been the case for many centuries and was the case long before public rights of access arose. Recreational uses are ancillary and therefore the 2011 Act does not apply to Blencathra.

(iv) If the Council does list Blencathra as an ACV, our clients could still dispose of Blencathra as planned, subject to the agreement of any proposed buyer.

We would be grateful if you could please confirm when the Council will consider the nomination applicat ion, as we understand the meeting date of 7 July 2014 remains provisional. Please also let us know if we can be of further assistance or if you require any clarification of the above submissions.

Yours faithfully

Bond Dickinson LLP

\MAIN\26695762.1 4 www.bonddickinson.com

From: Michael Bohling [mailto:[email protected]] Sent: 08 June 2014 23:32 To: '[email protected]' Cc: David Huxley ([email protected]); 'Mungrisdale PC' Subject: Blencathra - Asset of Community Value

Dear Mr Foote,

I refer to your letter of the 6th June to our clerk and thank you for advising us of the application to nominate Blencathra as an Asset of Community Value. It appears that, on looking carefully at the map with the sale documents, that the land forming part of the sale falls outside the parish boundary of Mungrisdale although part of Blencathra does, as you say fall within Mungrisdale parish. We might be indirectly affected in that there are unenclosed boundaries on the northern and eastern sides and at our Council meeting on 12th May it was agreed that, while we proposed moral support for the Friends of Blencathra’s endeavours, we would want to ensure that common grazing rights were protected and concerns were raised regarding possible liabilities that might arise in relation to historic mine workings or possible changes to paths and rights of way. It will be an agenda item at our meeting on 17th July If you feel that a more definitive agreement is required from Mungrisdale parish Council then we will need to call an extraordinary meeting before the end of June.

I would appreciate your comments.

Regards Michael Bohling Chairman Mungrisdale Parish Council

THRELKELD PARISH COUNCIL

Mrs R E Kelly Clerk to Threlkeld Parish Council 5 Lark Field Penrith Cumbria CA11 7NY Tel: 01768 863900 [email protected]

Eden District Council Town Hall Penrith Cumbria CA11 7QF

Dear Sir

Re: Blencathra and the Community Asset Register

At the meeting of Threlkeld Parish Council, held 17 June 2014, the Parish Council discussed the above. The Parish Council supports to the inclusion of Blencathra on the Community Asset Register of Eden District Council.

Blencathra is obviously a great cultural significance to the village of Threlkeld, which lies on its slopes. Indeed, the village newsletter is named ‘Beneath Blencathra’. Its iconic skyline is a feature clearly visible for those approaching the northern Lake District along the A66. It is also of cultural significance to local sheep farmers whose stock graze the mountain.

Blencathra is a significant and well used location for sporting and leisure activities in the form of paragliding, fell running, mountain biking, hill walking and scrambling.

Regards

Mrs R E Kelly

Clerk to Threlkeld Parish Council

Our ref: CRtB/2014 Your ref: PF/KE This matter is being dealt with by: Alex FitzGerald Direct line: 01900 702719 Email: [email protected]

Date: 18 June 2014

By email [email protected]

Mr Paul Foote Director of Corporate and Legal Services Eden District Council Town Hall Penrith Cumbria CA11 7QF

Dear Mr Foote

Blencathra – Application to nominate an Asset of Community Value

Thank you for your letter dated 6 June2014 (addressed to Ian Frost, Chief Executive) regarding the above application to nominate Blencathra as an Asset of Community Value.

Whilst we do not wish to comment directly on how the nomination should be determined, we recognise that the nominating group are clearly well supported, motivated and organised. We would support ongoing public access to the mountain and the continuation of grazing rights on the mountain to support the local farming community and economy.

Yours sincerely

Alex FitzGerald Senior Policy and Performance Officer

Voicemail - 26 June 2014

Sent me two letters one on 10 June and another reminder asking me to consider the application nomination of Blencathra as an asset of community value which I would probably need clarification on – it’s a vague title.

Why I’m ringing is to suggest it would be much better if your office contacted the Secretary of the Commons Grazing Association and that chap is a Mr A, Mungrisdale. I don’t have his phone number but I know he has an email but you’ll be able to find that out. He is the secretary for the commons graziers who graze the Common that’s CL66 or otherwise known as Blencathra that Hugh Lowther is trying to sell. As individuals we share the grazing – probably better not to contact us as individuals perhaps it is better to do it through the Commons Grazing Association for views on what steps to take but as far as I am personally aware the sale of Blencathra will not alter any part of my commons grazing rights whoever is the landowner and we are currently in a High Level Stewardship Scheme which will equally not be affected.

Anyway that will probably be the best course of action. As far as I’m concerned I’ve no input there’ll be no changes as far as I’m aware. As tenant we have no reason to fear any change of ownership simply because the rights we hold will need an Act of Parliament to change them.

Mr B – 30 June 2014

Can’t move fell – everybody uses it now. It is used for mountain biking and hang gliding. The application will note make any difference to its use.

No mention has been made of food production and those who have fell rights.

The grazing rights have not been taken into account – those who farm it. It should be left as it is – everyone walks on it.

No mention is made of wildlife.

It is an SSSI – all have to abide by the rules.