The Commoner



March 2010





Welcome from the editor


It’s nice to be able to write this looking out through a sunny window, after such a severe winter. Now we’re watching to see what plants survived and what did not.


You may be interested to know that I have applied for (but not yet been granted) commoners’ rights. Derek Brookes described the process in the December issue but if anyone wants to find out about our practical experience, do give me a ring on 821544.


Special thanks to Graham Chapman and Morgans for the printing of this newsletter.


Some dates for your diary:

  • The Bringsty dawn chorus on Sunday 9 May (see page 4)

  • The Bringsty beer festival on 2-4 April


For an electronic version of this newsletter, visit www.bringstycommon.com.


Enjoy the spring,



Notes from Bringsty Common Manorial Court


Paul Friend


Tree management

As previously mentioned, pollarding work and clearing of some trees has been completed. There are plans to plant fruit trees at various locations on the Common later in the year as the weather this autumn and winter has not been conducive to doing the work! If you have any ideas for locations please discuss with Paul Friend or Mike Davies. Natural England will also be consulted. The aim is to have sympathetic native fruits in suitable places rather than an orchard!


Notice Board

The construction of a notice board at the Live and let Live for use by and for Commoners will happen in the summer.


Football pitch

Although this is no longer used or tended by a football team, the football pitch is used by Commoners and visitors alike to play games on. We have had incidents of people driving on the pitch and churning up the ground. BCMC intends to use some of its own funds to cut and maintain the grass. The pitch will also be ditched with a barred access point to prevent such vandalism and a grant from the police will help with the costs.


Byelaws

A copy of the bylaws for the common is included on page 8 to inform our newest residents and to remind the rest of us what we and the public can and can’t do!


Map

A map is being prepared with as many house names on as possible to help when we are asked for directions, get lost, or need to find our neighbours.


Constitution

BCMC has a constitution drawn up many years ago which no longer fully reflects the responsibilities of the Manorial Court. In the coming months it will be reviewed and amended.


Surfacing

We will shortly be applying to the Secretary of State for Section 38 to use road planings on the common hard tracks as an alternative surface to Type 1 aggregate.





Bird Notes


Tom and Jennifer Weale suggest we should be looking out for siskins and bramblings. Siskins (left) are winter visitors, about the size of a goldfinch, typically from north and east Europe. They are particularly fond of conifers. They tend to arrive in flocks and then, just as suddenly, disappear.







Bramblings are a common type of finch, and they often mix with chaffinches. They are a similar size.

Note for gardeners: please try to avoid hedge cutting between March and August. You could be disturbing birds trying to build their nests.







Experience the Bringsty dawn chorus!


Tom and Jennifer have kindly agreed to lead an early morning walk to hear the Bringsty dawn chorus. This will take place on Sunday May 9th. We meet at 5.30am at the Live & Let Live. And here’s the best bit! Sue has kindly agreed to provide a full English breakfast at 7.30am at £10 each. You’re sure to have an appetite by then.


If you’d like to come, please book by ringing Tom and Jennifer on 01886 821368 at least one week before. Sorry no dogs (they get a lie-in).




Veteran Trees in Herefordshire


Janet Parry


Veteran trees are those which “by virtue of their great age, size or condition are of exceptional value historically, culturally, in the landscape or for wildlife”. The majority of veteran trees in Europe are found in Britain, and Herefordshire appears to have a high concentration of these veterans in the landscape. In 2005 the Herefordshire Nature Trust (HNT) in partnership with the Wye Valley Area of Outstanding Natural Beauty (AONB) set up a scheme to survey all veteran trees within the Wye Valley area. I volunteered to be a tree recorder and have been busy ever since measuring trees with a colleague all over the county including Bringsty.


For this survey, a veteran is defined as a tree of more than 3.7 meters girth. Some species such as holly or field maple never achieve this girth but all veterans will show several other characteristics, such as missing limbs, holes in the trunk or branches and many scars and tears, signs of lightning strikes, epiphytes, fungal growth and rot. There may be evidence of pollarding many years ago and the crown may be dying back with lots of deadwood on the ground. It may be only partly alive or even dead, upright or fallen, but these trees are a haven for wildlife, giving home to birds, insects, bats and many plants especially mosses, lichens and ivy. They enhance the landscape and many have folklore associated with them. They often relate to old habitation sites and act as boundary and way-markers.


The big trees on Bringsty Common were mainly oaks and a few small-leaved limes which are indicators of ancient woodland. It is thought that some are the ancestors of trees of the original wild wood which predominated after the last ice age ending 10,000 years ago. There were many examples of pollarded oaks where the branches have been cut back at head height to be used as a commodity for fencing, building, fuel and even fodder. The branches regrow above grazing level and give another crop in subsequent years.



the gospel oak


The project is contributing to the Woodland Trust's Ancient Tree Hunt which is a national initiative to locate every old and interesting tree in the country. Landowners and the general public, both individuals and groups, are being recruited to help locate interesting trees. The project started in 2004 and has a target of recording 100,000 trees by 2011. This is quite a task but so far they have got about 60,000 records though this changes daily. Recently, the National Trust has pledged to add the records of another 40,000 of its own trees. If you want to find out more about old trees and see the records already mapped then the the website www.woodlandtrust.org.uk is the place to look. The Bringsty trees should appear on there eventually.

mystery lime tree


Commoner competition


Where is this tree? A pint from the editor for the first correct answer






Humpty Dumpty


The Whitbourne pantomime featured David Dodd, Mike and Cathy Shaw, with Andrew Dodd , Meg Dawson and Stephanie Carpenter behind the scenes. Becky Shaw put on a dazzling performance as a very girly Humpty.

Herefordshire Council byelaws

Made by the County of Herefordshire District Council in respect of the areas of common land listed in the schedule.

1. Throughout these byelaws:

"the Council" means the County of Herefordshire District Council

"the commons" means the areas of common land listed in the attached schedule, all in the county of Herefordshire.

"the schemes" means the schemes of management for each common listed in the schedule.

"model aircraft" means an aircraft which either weighs not more than 5 kilogrammes without its fuel or is for the time being exempted (as a model aircraft) from provisions of the Air Navigation Order.

"power driven" means driven by the combustion of petrol vapour or other combustible vapour or other combustible substances or by one or more electric motors or by compressed gas

"jet-propelled or rocket-propelled" means driven by jet propulsion or by means of a rocket, other than by means of a small reaction motor powered by a solid fuel pellet not exceeding one inch in length.

2. No person shall, except in the exercise of any lawful right or privilege, remove or displace
any soil or plant.

3. No person shall dig or take turf, sods, gravel, sand, clay or other substance, or cut, fell, or
take trees or underwood on or from any part of the common which is temporarily enclosed
by the Council for the revival of the turf, shrubs, trees, plants, or grass thereon or set apart
for games if similar turf or other such respective substances or products as aforesaid can
conveniently be dug or taken or cut or felled from some other part of the common.

4. A person shall not, without reasonable excuse, remove or displace any barrier, railing, post or seat or any part of any erection or ornament or any implement provided for use in the laying out or maintenance of the common.

5 (a) No person shall without lawful excuse on the common, except in the exercise of any lawful right of privilege, kill, molest or intentionally disturb any animal, bird or fish or engage in hunting, shooting or fishing or the setting of traps or nets or the laying of snares.

(b) This byelaw shall not prohibit any fishing which may be authorised by the Council


6. A person shall not, except in the exercise of any lawful right or privilege, bring or cause to be
brought onto the common any barrow, truck, machine or vehicle other than:-


(a) a wheeled bicycle or other similar machine

(b) a wheel-chair or perambulator drawn or propelled by hand and used solely for the conveyance of a child or children or an invalid..

Provided that where the Council set apart a space on the common for the use of any class of vehicle this byelaw shall not be deemed to prohibit the driving in or to that space by a direct route from the entrance to the common of any vehicle of the class for which it is set apart.

7. (a) No person shall light a fire on the common or place or throw or let fall a lighted match or
any thing so as to be likely to cause a fire.

(b) This byelaw shall not prevent the lighting or use of a properly constructed camping stove or cooker in any area set aside for the purpose, in such a manner as not to cause a danger of or damage by fire.

8.    No person shall erect a tent or use any vehicle, including a caravan or any other structure for
the purpose of camping on the common except on any area which may be set apart and indicated by notice as a place where camping is permitted

9.    Where any part of the common has, by a notice conspicuously exhibited in the commons

been set apart by the Council for the flying of power driven model aircraft, no persons in any other part of the commons shall release any such aircraft for flight, or control the flight of such an aircraft, and no person shall:-

(a)   cause such an aircraft to take off: or


(b)   without reasonable excuse, cause such an aircraft to land in such other part of the
commons.

Where an area within a part of the commons so set apart for the flying of power driven model aircraft is designated by the Council as an area from which aircraft may be launched and is described in a notice affixed or set up in some conspicuous position on the common a person shall not release such an aircraft for flight, or cause such an aircraft to take off, in any part of the commons other that that area

10 No person shall (except in the case of a Fair lawfully held) place on the common any show, exhibition, swing, roundabout or other like thing..

11     No person shall without lawful authority fire or discharge any firearm, or to the danger of any
person throw or discharge any missile on the commons.


12. Where the Council set apart any part of the common as may be fixed by the Council, and
described in a notice board affixed or set up in some conspicuous position on the common for the
purpose of any game specified in the notice board, which, by reason of the rules or manner of
playing, or for the prevention of damage, danger or discomfort to any person on the commons may
necessitate, at any time during the continuance of the game, the exclusive use by the player or
players of any space in such part of the commons - a person shall not in any space elsewhere on
the common play or take part in any game so specified in such a manner as to exclude person not
playing or taking part in the game from the use of such space.

13. A person resorting to the commons and playing or taking part in any game for which the
exclusive use of any space on the common has been set apart shall:-

(a)   not play on the space any game other than the game for which it is set apart;

(b)   in preparing for playing and in playing, use reasonable care to prevent undue
interference with the proper use of the commons by other persons;

(c)   when the space is already occupied by other players not begin to play thereon without
their permission;

(d)   where the exclusive use of the space has been granted by the Council for the playing of
a match, not play on that space later than a quarter of an hour before the time fixed for
the beginning of the match unless he is taking part therein;

(e)   except where the exclusive use of the space has been granted by the Council for the
playing of a match in which he is taking part, not use the space for a longer time than two
hours continuously, if any other player or players make known to him a wish to use the
space

14. No person shall on any part of the commons which may have been set apart by the Council for
any game play or take part in any game when the state of the ground or other cause makes it unfit
for use and a notice is set up in some conspicuous position prohibiting play on that part of the
common.

15. No person shall without lawful authority:-

(a)    break in any horse on the common;

(b)    drive or exercise any horse on the common to the danger or annoyance of any other
person.


16.    No person shall, without lawful authority, turn out or permit to graze on the common any cattle,
sheep, or other animals. And it shall be lawful for any officer of the Council or person authorised by
them to remove from the common any cattle, sheep or other animal being upon the common in
contravention of this Byelaw.

17.    A person shall not in the ground intentionally obstruct, disturb or annoy any other person in the
proper use of the common, or intentionally obstruct or disturb any officer of the Council in the
proper execution of his duty, or any person or servant of any person employed by the Council in
the proper execution of his duty.

18.    No person shall, by operating or causing or suffering to be operated any wireless set,
gramophone, amplifier, tape recorder or similar instrument, make, cause or suffer to be made any
noise which is so loud or so continuous or repeated as to give reasonable cause or annoyance to
other persons on the common.

19  An officer of the Council or person authorised by them, may, after due warning, remove or
exclude from the commons, any vehicle whether animal drawn or not, driven or placed upon

the common or any structure (which shall include a caravan) erected or placed thereon in
contravention of the Scheme or of any of the foregoing byelaws, and may remove from the
commons any person who within his view infringes any such byelaw or any provisions of
Vagrancy Act Acts.

20.     Every person who shall offend against any of the foregoing byelaws, shall be liable on
summary conviction to a fine not exceeding one hundred pounds.

Repeal of Byelaws

21.     The Byelaws relating to commons which were made by-

Bromyard Rural District Council on 3rd May 1951

Ledbury District Council on 8 April 1902

Martley Rural District Council on 9 September 1921 and 3 September 1926

and Upton upon Seven Rural District Council on 17th of August 1905, 22nd of February 1906,

12th of April 1928, and 23rd of September 1947.

and confirmed by the Secretary of State then in office, are hereby repealed

In operation since 12th of August 1988


Springtime on Bringsty

Dorothy Brookes recalls her first spring


My first spring took me almost by surprise, the bracken being the first thing I noticed – its growth rate I reckoned to be about four inches daily! Thomas Hardy likened their first shoots to a bishops crozier, -what an excellent simile!

New lambs appeared daily; their growth rate was also something to marvel at. One day they would appear ganging uncertainly behind the ewes and within a couple of weeks they were sure-footed and plump, skipping along. Oh that man could be so proficient!



Bringsty Common Manorial Court Members 2009/10


Chairman

Paul Friend

01886 822 151


pfriend73@googlemail.com


Malvern View

WR6 5UP



Vice Chairman

Derek Brookes

Brackentop

WR6 5UW

01886 821 463


brackentop@aol.com

Treasurer

Ewen Merry

01885 488 260

emerry@btconnect.com


Bedlam Bank

WR6 5UP



Clerk

Vacant



Elected members

Stephanie Carpenter

Wittanacre

WR6 5UJ

01886 822006

Stephanie.rowanfield@btinternet.com


Sue Long

Sunnyside

WR6 5UP

01886 821475



Eileen Roche

Rebecca’s Patch

WR6 5UP

01886 821265



Martin Roche

Baymores

WR6 5UP


martinhroche@aol.com


Mike Davis

Appletree Cottage

WR6 5UJ



mdavis@freenetname.co.uk

Co-opted

Cllr Len Davies

01885 482436



16 Lower Westfield

Bromyard



Herefordshire Council

Cllr Tom Hunt

Redhill Cottage

Bredenbury

HR7 4SY

01885 482784

twhunt@herefordshire.gov.uk

Whitbourne PC

Cllr Anne Evans

Dial House

Whitbourne

WR6 5SG

01886 821 534

a.evans@candaevans.fsnet.co.uk


Next meeting: Tuesday, 25 May 2010, Whitbourne, Main Hall, 7:30pm

The Commoner, Editor Tom Fisher, Brackenberry, 01886 821544

tom.fisher@virgin.net.