English Common Land

Recent Governance Developments in Cumbria

JULIA AGLIONBY

• ~113,000 ha common land (30% England's Common Land)

• Lake District National Park is 25% common land, Cumbria is 16% common land

• Majority of Common Land is under an agri-environment agreement

• ~ 30% of Cumbria's common land has voted to be in a Commons Council

Current Position in Cumbria

•Commons Associations

•Establishment

•Constitution

•Rules and Enforcement

•Commons Councils

Establishment?

NATIONAL LEGISLATIONSSSIsRight to RoamNational ParkCommonsSAMs

STEWARDSHIP SCHEME & SPS

National Park

Local Access Forum

NGOsOpen Spaces

Foundation for Common LandNational Trust

RSPB

NGOsOpen Spaces

Foundation for Common LandNational Trust

RSPB

Statute and Regulations

Property Rights

Economic Instruments

Drivers for Governance

Why have a Commoners Association?

• Day to day Management– Stock Management– Liaison with other interests e.g. recreation users

• Receipt of Government Support– Classic Schemes from 1995

– Higher Level Stewardship from 2005

– Upland Entry level Stewardship from 2010

– SPS from 2014??

Key Features of a Commoners Association?

• Constitution• Rules• Sanctions• Management of the Association• Prescriptions for the Common

• These can all be included in an Internal Agreement

Limitations of Commoners Associations

• Depend on consensus

• Limited incentive to enforce rules

• Only covers those who are members

Commoners Association

Commons Council

Voluntary Statutory

Consensus Majority Decision Making

Often only includes active commoners

All Legal Interests included and bound by the rules

Not a legal entity A legal entity

Cannot remove trespassing stock

Can remove trespassing stock

Limitations of Commons Councils (Commons Act 2006)

• Expensive to establish and run

• Formal

• Requires SoS approval for rules

A Hybrid Model: An Umbrella Cumbria Commons Council

• Associations opt in

• Economies of Scale

• Day to day management at a local level

• Enforcement one step removed

• A Stronger Voice

Thank You