Reply from the Warden

Further to this 'blog'

http://save-our-bryn.blogspot.com/2009/06/response-to-wardens-reply.html

the email below has been received by a Save Our Bryn supporter in reply. Our comments/questions are in grey, the Wardens reply is in red

History of Grazing

It seems clear there is no evidence of historic grazing in living memory. Older residents and supporters of those wishing to keep the Bryn as an unrestricted, open public space confirm, no grazing in at least the last 60 years. The current use of the Bryn, as a public open space, rather than grazing land, is surely now firmly established and this is no doubt its legal use, in Planning terms? If the proposing grazing does proceed the public open space will be lost as the two uses are not compatible. I imagine introduction of grazing would require planning permission, as was the case with the change of use of the bottom field into allotments?

The only feedback I’ve had on the grazing is someone who remembers sheep grazing there from 1930s to 1950s. The Bryn has been public open space since 1932, when it was sold to the Council. I don’t see why grazing and public open space should be incompatible-it happens on other reserves and in the countryside generally. I am checking on the need for planning permission.

Site of Special Scientific Interest

As you will be aware, calcareous grasses are typically associated with limestone pavements and outcrops. The process by which calcareous grasslands becomes overgrown by scrub is part of the normal environmental cycle known as ‘natural succession’. You state ‘the Bryn is a Site of Special Scientific Interest for its calcareous grasslands, which had been maintained by grazing in the past. This interest was being lost by scrubbing over, so since 1996, in partnership with the Countryside Council for Wales, it has been maintained artificially by mowing and raking and cutting back scrub’. As there is no evidence of grazing 50 years prior to the artificial mowing by the council/CCW I would be grateful if you could advise on the relative areas over the years. Has the mowing been artificially maintaining the area of calcareous grass identified in 1996 or has it been increasing the area to perhaps reclaim some of the area lost in the 50 year absence in grazing prior to 1996?

I suspect it is the latter and now this artificial financial burden has been created, cost savings are being considered, the sole reason behind proposals to introduce grazing. Whilst the majority of users of the Bryn support bio-diversity and the like, maintaining an artificially enlarged area of calcareous grass in these difficult times should not be at the loss of the amenity provided by this public open space.

I trust your feasibility study will consider options of reducing the area of grass maintained as well as the frequency of maintaining? Does it really need to be annual?

Mowing has done both-maintained the grassland that was present in 1996 and removed scrub that has encroached over the previous decades. If natural succession was allowed the site would turn into scrub/woodland with loss of open space. As the site is deignated as a Site of Special Scientific Interest for its limestone grasslands then we have a duty to maintain its interest. Since 1996 we have recovered some of this interest and work is ongoing to maintain and enhance this interest.
We have reduced the mowing on the upper meadow since 1996 but we are looking next year to mow the lower meadow twice each summer to try and reduce the perennial rye grass.
The cost of the works is shared between ourselves and the Countryside Council for Wales, under a Section 15 management agreement, which has just been renewed for another five years.

Management Advisory Group (MAG)

Does the MAG have the authority to totally ignore the wishes of the public following any consultation exercise or would a recommendation by forward for the full council to decide?
Would now perhaps be a good time to formalise terms of reference for the MAG and consider allowing members of the public to be directly represented as local end users of the Bryn? For ease of public access could minutes of meetings (past and present), agendas, meeting dates etc be published on the council’s web site as is the case with many other committees? Allowing members of the public to observe committee meetings would also seem to be in the public interest.

The Management Advisory Group has the authority to take management decisions, other than where such decisions would conflict with agreed corporate policy or practice. It could, theoretically, ignore the wishes of the public – but in practice the Councillors are there as representatives of the local community and, in any event, wider public opinion would be a significant factor in any decision taken.
The terms of reference for the MAG are simple – being confined to overseeing the management of the Local Nature Reserve. We see no value in detailing them any further as we consider them fit for purpose.
Minutes could be put on the website but are more easily available by e-mailing Helen Jowett -Helen.Jowett@conwy.gov.uk.
The MAG meetings are not public meetings and therefore not open to the public. Local residents can make representations to their local councillors.

Feasibility Study

Clearly it is early days for your proposals and a detailed feasibility study and comprehensive public consultation will be required before the MAG can make any meaningful decision. Could you advise how much the council expect to pay to prepare the feasibility study. I presume drawings will be provided, planning consultation, legal opinion and specialist consultants will all be required so it won’t be cheap.

We are undertaking the initial feasibility exercise ourselves. More formal public consultation is likely to be undertaken should the MAG wish to progress further with the concept.

How will the lucky precipitant of the free grazing land be determined given the need for the council to be accountable to the public? Is not charging for grazing really sufficient to get around the ‘no business use’ covenant? Before committing too much effort to the feasibility study you might first want to clarify this point?

Any grazing licence would be addressed by our Property Services department. Our Legal Department has already provided advice on conformity with the terms of the covenant.

Health & Safety

I can find no details on the planning application to create allotments, 0/35363 regarding any traffic issues and note the land is managed by another council department but I trust all council departments involved will work together in considering traffic issues to what is a very narrow entrance.

Given the recent tragic storey of a dog walker killed by cattle within the last week, http://news.bbc.co.uk/1/hi/england/north_yorkshire/8112048.stm, how can the council say anyone using the Bryn whether they be dog walkers, children or the elderly be safe if grazing goes ahead? I trust your feasibility study will include and assessment from the Council’s H&S department with specific reference to the above case and what measures will be put in place to avoid a similar incident, should grazing ever proceed.

We would need to assess H&S issues in discussion with any potential graziers and decide what measures were needed.

There is also the safety issue in respect to any grazing animals considering the numerous instances of anti social behaviour, both in respect to the animals well being and also in relation to any injury incurred by any person under the influence of alcohol or substance abuse.

In closing, I believe that there is sufficient public outrage, concern, risk and information to hand already for the MAG to discount any grazing on the Bryn. To proceed further will result in wasted time and expense.

The MAG will, no doubt, take into account all the views put forward when deciding whether or not to proceed. I must emphasise that at present there is no firm proposal for grazing – the MAG has only agreed to considering the feasibility of the concept.