Commons are stretches of land where selected people other than the owners have a right of access. They date back to medieval manorial times when the Lord of the Manor owned the land and cottagers had rights to use it. During the late 18th century agricultural revolution, enclosure could take place by successful application to Parliament. This resulted in many commons being lost. Since Victorian times there has been considerable dispute and conflict in the further decimation of commons and it is estimated that six million acres have been lost since 1871.[108] The scale of the conflict can be gauged from such publications as Lord Eversley's Commons, Forests and Footpaths of 1910. Lord Eversley was an ardent campaigner for the preservation of open spaces and was instrumental in founding the Commons Preservation Society in 1865.[109]

Since World War II, efforts have been made to establish the status of commons and this has led to the 1965 Commons Land Registration Act. This has done little to reduce the controversy other than to ensure that commons are registered. In 1987, the Conservative Party promised legislation to clarify the long term right of access but, like many political promises, it still awaits fulfillment.[110]

There are over 8,500 registered commons in England and Wales. Together they cover over one half million hectares. Public access is dependant on one of a limited number of possibilities as follows:-

1) The owner has given specific permission to those other than commoners.

2) The owner must provide access by law.

3) There is a right of access registered under the 1965 Act.

4) The common is an urban common and therefore under the control of the Local Authority.[111]

5) Special provision has been made through legislation at a local level, as addressed in the Dartmoor and Malvern case studies.

The 1965 Act also provides for the registration of any open space that has had free public access for over 20 years and the Open Spaces Society are actively campaigning for further registrations of village greens.[112]

In 1874, Sussex was recorded as having 925,076 acres (216,595 ha.) of land of which 21,222 acres (8,588 ha.), amounting to 2.3 percent, were commons and 3,091 (1,251 ha.), amounting to 0.33 percent, were common fields.[113] By 1956/58 this had declined to 14,107 acres (5,709 ha.) in total [114]  which amounted to 1.5 percent of the County of Sussex.

One point five percent of the core study area amounts to 1144.5 ha. whereas today 875 ha. is registered common land. Whilst the spread of common lands in the 1950s was not uniform throughout Sussex and thus casts doubt on the value of taking 1.5 percent, the comparison does indicate that the Downland is not rich in common land and has not been in the last 100 years. The figures also give a measure of the loss of common land in the County over time. From the amenity viewpoint, eighty percent of commons have no freedom to roam rights for the general public.[115] As such commons are therefore a limited resource under present legislation and circumstances. Stamp in the appendix to the Royal Commission on Common Land 1955-1958 noted particularly that the wide open spaces of the South Downs were not generally common land in spite of being unfenced, open grazed land.[116]

In West Sussex there is only one common with freedom to roam on the Downland. This is Harting Down CL 45, 210 ha. owned by the National Trust and managed under an agreement with WSCC and Harting Down Commoners of 1991.[117]

Other substantial commons on the downland in West Sussex comprise:

CL42   West Harting Down    40ha.
CL213 North Marden Down   134ha.
CL58   Heyshott Down    77ha.
CL252 Sutton Down    156ha.
CL317 Fulking Hill    60ha.

Including Harting Down and several minor commons, in West Sussex there is approximately 678 hectares of registered Downland common land. Nine substantial downland areas in West Sussex have been deregistered as commons since the 1965 Act registrations.[118]

East Sussex has approximately 198 ha of common on the Downland, all of which is in local council ownership or public care. Freedom to roam exists throughout although not necessarily formalised. The two principal commons are Telscombe Tye CL2 - 86 ha owned by Telscombe Town Council, farmed with informal freedom to roam, and Ditchling Beacon CL17- 112 ha owned by Ditchling Common and Tenantry Down Ltd.[119] The latter is mentioned under Local Nature Reserves also.

The total common land on the Downland amounts to approximately 875 hectares or only 1 percent of the core study area. That with general public access amounts to 408 hectares although some of this is on a permitted trespass basis. This deficiency has important implications for Downland recreation and is considered further later.

21. Sites of Nature Conservation Importance

This is a designation by the County Council, advising land owners that they have a site of significant interest. Management methods are recommended. The identification of sites is being carried out in conjunction with the Sussex Wildlife Trust. The designation has no statutory obligations and thus is a second tier SSSI. The value is in targeting grant aid, planning and a general advisory facility for landowners. A substantial number of such sites have been identified in West Sussex including many on the Downland. The Sussex Wildlife Trust is developing the data bank with funding from SDCB.[120]

The role of County Councils in designating sites for nature conservation was debated in the 1980s. Blunden and Curry argued that English Nature (then the Nature Conservancy Council) had primary responsibility for SSSIs but that there was a role for the Local Authorities in identifying sites of lower national importance albeit sites of great county or local significance.[121]

Lewes District Council announced in 1993 that it intended to designate "sites of nature conservation importance" This is an ongoing programme and the initial list includes several Downland sites in the vicinity of Lewes, Falmer and Iford.[122]

22. Hedgerow Scheme

This is a joint scheme between MAFF and the Countryside Commission to safeguard hedgerows. The restoration of declining, damaged or neglected hedgerows is encouraged through a ten year management plan with financial incentives.

23. Major Estates and Historic Parks.

A number of major estates exist on the Sussex Downland. These are predominantly in West Sussex and are traditionally based on industries such as farming, forestry and mineral extraction.

                           ESTATES ON THE SUSSEX DOWNLAND.

Estate                     hectares             visitor policy        
                        

Wiston Estate         2,000          only footpaths encouraged [124]

Gage Estate             800           car parks, ROW, agriculture [126]

West Dean Est.     2,500          footpaths/bridleways only.

Arundel Estates        600         ROW + Arundel Park tourism

Norfolk Estates      1,012         ROW, mainly farmed.

Glynde Estate        1,200         ROW, mainly agriculture.

Sompting Est.           800         varied

Other estates         1,000          estimate only

TOTAL ESTATES  12,611

* excludes 1215ha. let to Forest Enterprise and is an estimate of that part of the total 3,585ha.on the Downs

Table 3:7                            sources: see footnote [127]

Whilst the estates have no additional responsibilities for conservation other than those that would fall on any landowner, the large estates are in a particularly strong position to influence major tracts of land and its use on the Downland. Goodwood has, for example, developed a wide range of tourism activities and employs 150 persons.[128] Motor racing is planned to return to the Goodwood circuit in 1997.[129] Due to their size, sophistication of management, political influence and social responsibilities, the large estates are in a position to substantially lead in land use policy and management. In addition they are able to sustain long term pressure to achieve extended forward plans, capitalising on opportunity windows created by short term changing of political regimes.[130]

Summary

The casual observer would be forgiven for believing, with such a range of conservation measures coupled with those identified in Chapter 2, that no part of the Downland is unprotected. This of course is true but it is a simplification. The core study area is subject to the blanket coverage of the AONB and the MAFF ESA. Many of the considerations identified in this chapter however apply to discrete tracts of land where special characteristics are recognised and valued. The effect of this is that certain prime sites attract a plethora of additional conservation measures becoming "hot spots". Harting Down has been designated an SSSI, is owned by the National Trust, is a common with freedom to roam. It also includes Scheduled Ancient Monuments as well as being in the AONB and ESA.

As was noted at the opening to this chapter, the management regimes identified are in a position to influence Downland land use under one or more broad subject groups:- ecology, landscape, recreation and archaeology. Their ability is dependant on the nature of the remit and status. Table 3:8 illustrates the matrix of status and remit that results. This table has been ordered according to the robustness of protection afforded, the inalienable and therefore strongest protection coming first.

In the organising of Downland environmental management it has been shown that there has evolved a complex web of interactive agencies, each with varying powers and specialised functions that impinge in different ways, as can be seen from the hierarchical Table 3:8. The implications for tourism policy and management formulation of such complexity, which lead to "hot spots", together with the necessary political will, are considered in later chapters.

Footnotes:

[1] Phillips A. 1993, "A Plethora of Protection", Countryside Network News, Dept of City & Regional Planning, University of Wales College of Cardiff.

[2] Countryside Commission, 1989, Areas of Outstanding Natural Beauty in England and Wales, CCP276. Cheltenham.

[3] Adams W M.1984, Implementing the Act, A Study of habitat Protection under Part 2 of the Wildlife and Countryside Act 1981, British Assoc. of Nature Conservationists, WWF. Packard Publishing, Chichester., p14 etc.

[4] MAFF, 1989/90, At the Farmers Service, PB0049. p24.

[5] HMSO, 1990, This Common Inheritance, Britain's Environmental Strategy, p108.

[6] Hunt N. 1993, New National Parks The Next Steps, Council for the Protection of National Parks, 2.21.
 
[7] HMSO, 1990, p108.

[8] Williams C. 1992, Lecture at University of Sussex, 4 Nov.
 
[9] SEETB, 1990, West Sussex, East Sussex, Tourism Fact Sheets.

[10] Williams R. 1993, A Vision of the South Downs, Sussex Wildlife Trust, May, p5.

[11] ESCC, 1980, Wildlife in East Sussex, P/229.

[12] HMSO, 1990, p109.

[13] ESCC, 1980, P/229.

[14] Williams R. 1993, p5.

[15] Lewes District, undated c.1992, Planning and Building Control Book, p35.

[16] WSCC/ESCC Archaeologists, 1993, personal communication, May.

[17] Hunt N. 1993, 2.16.

[18] WSCC/ESCC Archaeologists, 1993, personal communication, May.

[19] WSCC/ESCC Archaeologists, 1993, personal communication, May.

[20]Guardian, Oct 29, 1992, Heritage Advisors Revolt Against Sites Disposal. P3.

[21] HMSO, 1990, p127.

[22] Automobile Association, 1974, Illustrated Guide to Britain, Drive Pubs. Basingstoke. p121.

[23] Barfoot E H. 1993, Letter from English Heritage to Author. 5 Jan.

[24] West Sussex Gazette, 1993, Fears over Fortune of Castle, 22 July.

[25] National Trust, 1992/3, Handbook, p4.

[26] Blunden J and Curry N. 1990, A Peoples Charter, Countryside Commission, HMSO. p289.

[27] Nunneley C. 1993, "Finances", The National Trust Magazine, 69, June 1993, p36.

[28] National Trust, 1992/3, p5.

[29] Williams R. 1993, p5.

[30] National Trust, 1992: correspondence, Kent and E.Sussex Regional Office, 16 Dec.; Property List, West Sussex Management Team, 01/3; amends based on subsequent personal communication.

[31] Daily Express, 1993, "UK pounds 25M Blaze for Builders", 8 April, p19.

[32] West Sussex Gazette, 1993, Trust's Four Open Days at Uppark, 19 Aug.

[33] National Trust, Spring 1993, Kent & East Sussex Newsletter; National Trust, undated c.1993, South Downs Appeal, appeal leaflet.

[34] Sussex Express, 1994, National Trust Downs Appeal, 7 Jan.

[35] Society of Sussex Downsmen, 1994, "Kill Devil Copse", Preservation Committee Notes, The Downsman, 106, Spring 1994, p7.

[36] Monaghan S. 1995, "Downland is set to be sold", West Sussex Gazette, 9 Feb, p1.

[37] Gloversmith F. 1980, "Class, Culture and Social Change", in Lowerson J. 1980, Battles For The Countryside, Harvester Press, Sussex. Chapter 10, p266.

[38] Eastbourne Borough Council, 1992, Report to the SDCB, by Director of Planning, 17 Dec.

[39] Display notice at start of South Downs Way, Eastbourne. 1992.

[40] Soc. of Sussex Downsmen, 1992, 69th report, p34.

[41] Sheail J. 1992, "The South Downs and Brighton's Water Supplies - An Inter-War Study of Resource Management", Southern History, V14, p93/4.

[42] Sykes H. 1995, "Down on the Downs", 5 PM Radio Four and other news programmes, 8 Feb. BBC; Eccles J. 1995, "Council Downland put on the Market", Sussex Express, 10 Feb.

[43] Harrison D, 1958, Along the South Downs, Cassell, London, p101.

[44] Soc. Sussex Downsmen, 1992, p37.

[45] National Trust, 1993, "Treading Softly on the South Downs", Newsletter 21, Autumn, p1.

[46] Godfrey J, WSCC, personal communication.

[47] WSCC, undated c.1992, Schedule of Sites Within AONB Managed by WSCC, The West Sussex Inheritance, prepared for SDCB.

[48] WSCC undated c.1992, Breath of Fresh Air, tourism leaflet prepared in conjunction with Countryside Commission.

[49] West Sussex Gazette, 1993, Guided Tour for the Chairman, 8 April.

[50] Amy G. 1993, Letter to Author, Southern Water Services, Sussex Division. 29 Jan.

[51] Williams R. 1993, p5.

[52] Short B. 1994, personal communication.

[53] SEETB, 1990.

[54] County Planning Officer, ESCC & SDCB Officer, 1993, Draft Heritage Coast Management Plan, 3.9.6.

[55] Williams R. 1993, p36.

[56] Lewes District, undated c.1992, p31.

[57] Sussex Downs Officer, 1994, "Dutch Elm Desease Control Programme", report to the SDCB, agenda item 16, SDCB meeting 24 Jan.

[58] Lewes District, undated c.1992, p32-34.

[59] SEETB, 1990.

[60] HMSO, 1990, p110.

[61] HMSO, 1990, p109.

[62] SEETB, 1990.
 
[63] Lee A. 1989, The Wild Places in Sussex, Sussex Wildlife Trust.

[64] Lee A. 1993, personal communication, Sussex Wildlife Trust.
May.

[65] Williams R. 1993, May, p5.

[66] Sussex Wildlife Trust, 1992, letter to SDCB, 5 Aug.

[67] West Sussex Gazette, 1993, Sussex Wildlife Trust, 3 June, p13.

[68] Reserves Manager, W Jenman, 1993, personal communication, June.

[69] HMSO, 1990, p109.

[70] County Planning Officer, ESCC & SDCB Officer, 1993, 3.15.4.

[71] Sussex Downs Officer, 1994, "Heritage Coast Marine Ranger", report to the SDCB, agenda item 10, SDCB meeting 24 Jan.

[72] ESCC, 1992, "Searching for Shipwrecks", Countywide, Issue 3, Nov. p4.

[73] Knight J. 1993, "New Shoreline Grant Sought", West Sussex Gazette, 2 Dec.

[74] Blunden J and Curry N. 1990, p160 & 162.

[75] Countryside Commission, 1991, Heritage Coasts Policies and Priorities 1991, CCP 305.

[76] Countryside Commission, 1993, Heritage Coasts, CCP 252.

[77] Forest Enterprise, 1993, personal communication.

[78] Countryside Recreation Network News, 1993, A Wind of Change, June, p2.

[79] Forest Enterprise, 1993, Corporate Agenda 1993-1994, Forestry Commission.

[80] Smith M. 1990, "A Fair Copse for the Toy Soldiers", Guardian, July 13 1990.

[81] Countryside Recreation Network News, 1993, p2/3.

[82] West Sussex Gazette, 1993, Solo Campaign to Stop Sell Off, 22 July.

[83] Stanley A. 1993, "Major Loss of Public Access to Woodland", West Sussex Gazette, 9 Sept. p5.

[84] Day N C. 1993, letter, Foresty Enterprise, 12 May.

[85] Darby B, 1975, View of Sussex, Robert Hale, London. p66/7.

[86] Forest Enterprise, 1993, personal communication.

[87] Day N C. 1993, letter, Foresty Enterprise, 12 May.

[88] SEETB, 1990.

[89] RSPB, undated c.1989, Action for Birds, promotional leaflet.

[90] West Sussex Gazette, 1993, New Reserves Proves Major Wildlife Haven, 28 Jan. p13.

[91] Glover J. 1993, Letter to author, RSPB, Sandy, Beds. 3 June.

[92] Consumers Association, 1993, "Prohibited Britain", Which? Holiday Edition, Hertford, January,.

[93] Browning N. 1950, National Parks and Access to the Countryside, Thames Bank Pub. London, p34-37.

[94] Countryside Commission & MAFF, 1990, The Rights of Way Act, guidance notes for farmers, CCP 300.

[95] Gilg A W. 1978, Countryside Planning 1945-1976, Methuen, London. p160/1.

[96] Countryside Commission, 1989, Paths, Routes and Trails: Policies and Priorities, CCP 266.

[97] Grimwood B. 1993, "West Sussex - Public Rights of Way", letter to author, 3 June from WSCC Planning Dept.

[98] WSCC 1992, "A Passport to the Countryside", Countryside Network, Winter edition.

[99] WSCC, 1993, Countryside Rights of Way Charter, Jan.

[100] Kitchenor N G. 1993, letter to the author, 16 July.

[101] Millmore P. 1990, South Downs Way, Aurum Press for the Countryside Commission and Ordnance Survey; Jennett S. 1977, South Downs Way, HMSO; Countryside Commission, 1991, South Downs Way, National Trail Guide, CCP 311.

[102] West Sussex Gazette, 1993, New Board Poised to Spring into Action to Help Downs, 25 March, p3.

[103] Knight J. 1992, "Cash for Projects to Enhance the Downs", West Sussex Gazette 26 Nov. p11; Sussex Express, 1992, "Cash Boost for the Downs".

[104] Cunningham J. 1989, "Recreation for All", Viewpoint, 1, publication of Friends of National Parks, p11.

[105] Tiplady P. 1994, personal communication.

[106] Park F. undated c.1992, Pedalling Through Sussex, Sussex Bike Hire Centre, Berwick.

[107] ESCC. 1992, Exploring Sussex Guided Walks and Rides Programme, Recreation and Countryside Management Services.

[108] Lonsdale S. 1990, "Villagers Campaign for Common Sense over Ancient Rights", Observer, 1 July.

[109] Eversley, Lord, 1910, Commons, Forests and Footpaths, Cassell & Co. London.

[110] Murray J. 1991, The Common Land Registration Act 1965, The Need for Reform, unpublished B.Sc. dissertation, Thames Polytechnic.

[111] Which?, 1993, Prohibited Britain, Consumers Association, Hertford.

[112] Open Spaces Soc., 1990, Village Greens and Town Greens, leaflet, Henley-on-Thames.

[113] Parliamentary Return 1874 (85) based on the Tithe Commutation maps of 1834 published in Eversley, 1910.

[114] HMSO, 1955-1958, Royal Commission on Common Land, See Table III, commons as reported by local authorities, p25.

[115] Open Spaces Society, c.1993, Living Space, advisory leaflet.

[116] Stamp L D. 1958, in Royal Commission on Common Land, 1955-1958, HMSO, see p 203.

[117] County Secretary's Dept, 1993, personal communication, 13 July.

[118] County Secretary's Dept, 1993, personal communication, 13 July.

[119] Iles S. 1993, ESCC, personal communication, 21 July.

[120] SDCB, 1993, "New Initiatives Budget", report by the Sussex Downs Officer, WP: CB/3.WP/KJP. item 2.

[121] Blunden J & Curry N. 1985, The Changing Countryside, Open University/Countryside Commission, Helm, London, p151.

[122] Eccles J. 1993, "Plan to Save Nature Sites", Sussex Express, 26 March, p9.

[123] West Sussex Gazette, 1993, Help is at Hand for Ancient Hedgerows, 15 April.

[124] Wiston Estates, 1993, personal communication, April.

[125] Goodwood House, undated c.1993, Brief Summary of Estate Activities, typed handout.

[126] Strutt & Parker, 1993, personal communication, Lewes, May.

[127] Information from a variety of personal communications.

[129] Draffan N G. Goodwood Estates, 1994, personal communication, June.

[130] Homer P. 1994, "Scaled-down plan for Historic Motor Racing", West Sussex Gazette, 20 Oct. p2.