Clare Common – Sheepgate Lane Access

The general public may be aware that there are two main access points to Clare Common from Sheepgate Lane. One of these is at the bottom of the lane and is a stile. The other is at the top of the lane and is a double gate, linked by a metal hawser. This is often the preferred means of access by people from Clare Heights on their way to the allotments, to the centre of Clare and to Clare Primary School, as well as dog walkers. In recent weeks, this access has been closed. The reasons might be obvious but, in the interests of public information, the Trustees of Clare Combined Charities consider that they have a duty of information.

Background

Clare Common is held in trust for the benefit of the general public. It is an ancient monument and jointly managed in various respects by English Heritage, DEFRA and Suffolk County Council. It is NOT a public open space but is PRIVATE. There are a number of footpaths across the common, all bar one of which are Public Rights of Way. DEFRA administers a Countryside Stewardship Scheme which governs how The Charities manage the common. The Clare Common Pasture Charity has been in existence since 1924 and contains elements of laws from the mid 1800s.

Legal Aspects of Administering The Common

As mentioned above, the common is PRIVATE LAND, to which the public have access ONLY via the Public Rights of Way. There are six of these. The main one extends across the common, from Common Street to the allotments. From Common Street, paths link with the kissing gate along Bridewell Street, the stile at the bottom of Sheepgate Lane, the stile at the top of the common by the old chlorination shed, (the other opening by this shed is illegal and will be closed) the stile at the far end of the hedge bordering the allotments and the double gate near to Clare Primary School. There is another kissing gate in Erbury Place linking with all the other public rights of way. These are the ONLY Public Rights of Way footpaths.

There is a footpath linking the access from Clare Heights to these others. It is not a public right of way. It is not on the Definitive Map as held by Suffolk County Council. The public does NOT have a right to use this path nor to use the access to this path.

This access was originally a stile, around 1960-1965 but there was never a public footpath from this point across the common. In 1974-1975, Sheepgate Lane was made a pubic footpath to allow access to the old waterworks at the top of the lane. There was still no public right of way across the common at this point. When Clare Heights was built, the hedgerows were damaged to allow access to the common. This was illegal. Subsequent attempts to block this access were continually vandalised and eventually attempts to reverse the damage were abandoned.

Later, when the information boards were installed on the common, those involved installed firstly a stile and then the double gates at this point. Permission to do this was so complicated that it was never obtained. The stile and subsequent gates were therefore illegal and still are illegal. Curiously, even though their installation was illegal, so also is their removal. That places The Trustees in a strange position, since they will be breaking the law by undoing a breach of the law.

By law, The Trustees must allow cattle to graze on the common each year from April to October. As part of this legal requirement, The Trustees must ensure that the cattle are kept safely. This means ensuring that all perimeter fencing, including access points and hedges, are secure and safe to use. This is to prevent the cattle from escaping and possibly causing damage to residents' property, and the public from injuring itself when using the access points and crossing the common.

As part of this, the public have a LEGAL OBLIGATION to ensure that anything which they do does not jeopardise the safety of themselves and the cattle. This requires that they do not damage the hedges, the fences and the access points and that they do not allow their dogs to roam in such a manner as to harass the cattle. This means keeping their dogs on leads whilst crossing the common during the time that the cattle are present and at all other times as well.

Damage to the Double Gates

Over the years, the double gates near to Clare Heights have been vandalised several times. Usually, the mechanism is damaged by deliberate cutting of the wire hawser which links the two gates. Recently, in late May, this occurred yet again. The Trustees repaired this within a few days. Within a few hours, it was damaged again using a hacksaw to destroy this repair. This rendered the gate dangerous to the public in its use and detrimental to the cattle which were not now securely restrained on the common. To allow the gate to remain in this state would have been illegal and contrary to the laws of Health and Safety and those of DEFRA and the Common Pasture Charity.

The Trustees therefore decided to seal this access whilst they considered what to do next. This sealing was intended to be TEMPORARY ONLY. Within a few hours of the gate being more effectively sealed, there was a deliberate attempt to remove the gates by lifting them off their hinges. This occurred somewhere around 11:00 pm.

The damage caused at this time will be expensive to rectify and it will not be quick. Accordingly, The Trustees decided that it was in the best interests of the public and of the grazier owner of the cattle not to restore access so as to limit the danger to the cattle or to the public. There is a legal obligation upon The Trustees to ensure that the cattle remain on the common for a minimum of 28 days before removal and a moral obligation that they allow continued grazing since the owner of the cattle has paid for the privilege.

There is no legal obligation to keep this access point open to the public. The Trustees are aware, however, of the benefit which this access point has for the public. They are therefore fully determined to restore this access as soon as is possible, considering their obligations to the Common Pasture Charity, to DEFRA, to Health and Safety and to the grazier owner of the cattle.

The Future Plans for All Accesses to The Common

The access point from Clare Heights will eventually be replaced by a stile. The double gates will not be reinstated. They are cumbersome, expensive to maintain and to repair and are more easily vandalised than a standard stile. This will be accomplished after the cattle have gone, probably during November.

The double gates by Clare Primary School will be replaced by a kissing gate. This is also much easier to maintain and repair than the existing system.

Where the top of Sheepgate Lane, by the fields, adjoins the allotments, a series of posts will be put in place. These will prevent vehicular access along the lane to the allotments whilst allowing allotment holders walking access. Sheepgate Lane is a Public Right of Way for foot users only, not vehicles.

By the chlorination shed, the existing hedgerows and fences will be repaired and strengthened to prevent illegal access and subsequent damage to the hedges. These are protected under covenant through the Common Pasture Charity and DEFRA.

Elsewhere, people are endeavouring to gain access to the allotments in places which are illegal. The Trustees will seek to prevent this by a system of fences.

In Summary

There is no public right of way from Clare Heights across the common.

The access gates to the apparent footpath are illegal.

The Trustees are aware of the convenience to the public of the continuation of the access to the common from Clare Heights at this point.

The Trustees have a legal obligation to ensure that the public have safe access to the common and the cattle are enclosed in a safe manner.

The Trustees are committed to re-opening the access from Clare Heights at a time and in a manner which is a reasonable compromise between the benefits to the public and their legal obligations to the grazier owner of the cattle, to the Common Pasture Charity, to Health and Safety and to DEFRA.

As a consequence of all the above, the closure of this access point is only temporary.

The access point will reopen in November as a stile.

If there are any questions for further information or for clarification of the above points, or simply to discuss the matter, please contact the Chairman of The Trustees, Stan Perry, on 01440 707043.

Story By: Parish Clerk

Date : 05-08-2011