The Distant; Unsettled Land in Britain
DIPLOMA 7 GEORGIA HABLÃœTZEL 2019-2020
3
4
... THE DISTANT; UNSETTLES LAND IN BRITAIN
8 12
... Exciting Subsidy Frameworks; CAP ... Exciting Subsidy Frameworks; Single Farm Payment
16
... PRODUCTION OF AN IMAGE
18 20 22 24
... ... ... ...
26
... THE 2150 PREDICTED COASTLINE AND PROTECTED LANDSCAPE
28 36
... Land Lost by 2150 ... North Norfolk Coast Sampled Sites
44
... 12 ACRE ROW AGREEMENT
46 52 58 62
... ... ... ...
90
... IMPLEMENTATION IN THE LANDSCAPE
92 98 100 104 106
... ... ... ... ...
National Character Area Profile Boundary Definitions in the English Countryside Coastline Designation Article 21
Right of Way Agreement Funding and Distribution Express Dedication Maintenance Plan Framework
Right of Way Agreement through time Site Sample The Distant Legal negotiation of Foreshore Access Framework and Line of the Horizon
5
THE DISTANT; UNSETTLED LAND IN BRITAIN GEOMETRY AND GEOLOGY, A CONFLICT OF INTEREST Our relationship with land has produced a rich legacy which is continuously re-enforced through its graphic representation. The value of land is captured through the translation of landscape into a two-dimensional, pictorial plane. In other words, it is defined by the mapping of place. Largely dictated by control and ownership, the surveying, measuring and distribution of boundary maps have contributed to a specific type of land use. The land and sea border is the clearest case of how the state assigns boundaries without taking into account a simple understanding: that geology moves and borders do not. The state constructs boundaries over sea and land regardless of the retreating shoreline. The research is interested in taking forward a new approach to boundary making by looking at property demarcation as a geological construct rather than a line. Ownership leaves visible markers over land. It denotes a specific kind of interest or value over place. The way we inscribe value on a place through mapping of ownership problematises the futures of landscape. This is evident in the development of the Ordinance Survey. The geographer Denis Cosgrove argues that Landscape (the graphic representation of land defined by a frame) is constructed through connotations of property ownership over the natural world. Ownership is manifested by the human need to control and domesticate land, which has been present throughout history. The connection between the viewer’s eye over the landscape and its representation “as a scientific… and [the] material transformation of land into property” begs the question, how can we move beyond the continually reinforced image of British land? LANDSCAPE AND OWNERSHIP Farms occupy 70% of the territory of Britain, but few cultivate anything for sale or exchange. The research will continue to look at the relationship between the classification of agricultural land and cultivation, in order to unpack the subsidy structure which enables large-scale ownership. Essentially, farmers are maintainers of the English landscape, reinforcing land ideals through the use of the tractor to plough a field. Currently, the government is encouraging these landowners to keep their property bounded, away from public access, through the distribution of funding schemes. How can the role of the Agriculturalist Gardener and their responsibility over the landscape be reclassified? How can the field be debunked, as the assertion of private property and operate as a new public resource? There is one legal owner of all physical land: the Crown. All that is owned above the surface of land is given the title of freehold, which by definition is a form of lease. Despite a freehold being "an interest in an estate in land, in fee simple, in possession absolute” there is no absolute owner other than the Monarchy itself. Meanwhile, the role of landowners is that of a “guardian of the countryside”. Their job is to maintain and preserve what lies above the ground: the image of England. Legislation has become a powerful script to safeguard these stewards in fulfilling their national duty over the Queen’s land. Law has “fought to preserve the owners autonomy in relation to his property”. However, this becomes problematic as their declaration of land use, be it forestry or farmland, allows them to become the recipients of “millions of pounds in taxpayer subsidies in the form of various payment schemes for farming, tree planting and environmental stewardship”.
THE DISTANT The English landscape is perpetually unsettling. It questions one’s sense of belonging, identification, connection and communion. It is inherently a cultural construct, produced through the embodiment of socio-economic values; a time, a place, a class. The term (landscape) is heavily influenced by the gathering, collecting and interpretation of the natural world as perceived through an individual’s eye. “The landscape is everything you can see when you look across an area of land”. This area of land denotes the external world, real, palpable with an objective material presence. The landscape, seen as a single body, is defined by distant undulations, strata and topography. These are quantities that can be “surveyed, mapped and described in a factual and objective manner”. Nonetheless it is a construction through human interpretation; such as “a picture representing a section of natural, inland scenery”. The viewer’s perception of landscape is not just matter but seen through a defined location from which a view is projected outwards, capturing a fragment of land. Our outlook is stifled, corrupt and self perpetuating. A landscape which is being categorised as farmland but operates differently, is farming the image of green pasture. The research is interested in a new legal and geological construct that challenges the notion of the preservation of an aesthetic. Through new forms of land use designation, maintenance and representation we can form new relationships with landscape as a product of occupation and movement. The research is interested in the Deadland of Britain's coasts, land which has been left behind as a result of roll back strategies to avoid the impending damage of erosion on the home. It is interested in mapping these spaces to reveal a new deployable framework which reconsiders the land that would be lost. This will result in the design of a new type of temporal landscape to be maintained in conjunction with existing conserved landscapes.
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UK EUROPEAN UNION
CENTRAL GOVERNMENT
ROUTINE OF MAINTENANCE
January Apply organic manure with a high readily available nitrogen content to grassland and tillage land on shallow or sandy soils Beginning of the year for assessing the annual amount of livestock manure applied to your land.
DEFRA
February Apply organic manure with a high readily available nitrogen content to grassland and tillage land on all soil types
Cross Compliance Regulations
COMMON AGRICULTURAL POLICY (CAP)
SINGLE PAYMENT SCHEME
_ a. Plots <12
End of month: End of the quantity restrictions for application of organic manures with a high readily available nitrogen content. March Do not cut or trim hedges or trees carry out hedge and tree coppicing and hedge laying from 1 March until 30 April.
REGISTERED LANDOWNER
Hedge Trimming Water Abstraction Payements Fertizing Soil Highland Burning Lowland Burning Counting of Livestock Land Tillage Coppicing Hedge Laying Burn Heathland Sowing Seed
If you hold a water abstraction licence, expect to receive your annual bill April Do not burn heather, rough grass, bracken, gorse or vaccinium on land, other than in upland areas, from this date. If you hold a winter or all year round water abstraction licence, the Environment Agency will make actual abstraction return forms available to you from 1 April.
Existing Agricultural Subsidy Structure
30 You must have recorded the number of â&#x20AC;&#x2DC;specifiedâ&#x20AC;&#x2122; livestock kept on your farm during the previous calendar year and calculated the amount of nitrogen they produced. May Do not carry out hedge or tree coppicing or hedge laying August Cut or trim hedges Sow oilseed rape or temporary grassland. Closed period for applying organic manure with a high readily available nitrogen content to tillage land on shallow or sandy soils September Cut or trim hedges and trees Closed period for applying organic manure with a high readily available nitrogen content to grassland on shallow or sandy soils. Closed period for applying manufactured nitrogen fertilisers to tillage land. Start of closed period for applying manufactured nitrogen fertilisers to grassland. Closed period for applying organic manure with a high readily available nitrogen content October Burn heather, rough grass, bracken, gorse or vaccinium on land in upland areas from this date. Closed period for applying organic manure with a high readily available nitrogen content to tillage land on soils. November Burn heather, rough grass, bracken, gorse or vaccinium on land, other than in upland areas, from this date. 30 If you have a two-part tariff agreement for your water abstraction licence. December Carry out your annual inventory of sheep and goats.
(a) viable FOOD PRODUCTION, with a focus on agricultural income, agricultural productivity and price stability; (b) sustainable MANAGEMENT OF NATURAL RESOURCES and climate action, with a focus on greenhouse gas emissions, biodiversity, soil and water; (c) balanced TERRITORIAL DEVELOPMENT, with a focus on rural employment, growth and poverty in rural areas.
average UK farm size; 96.7 ha
average EU farm size; 16.1 ha
j
f
m
a
Field Maintenance
GAEC 6
SMR 1
SMR 1
11
m
j
j
a
s
o
n
d
Procedure 2
GAEC 7a and 7c
GAEC 7a and 7c
SMR 1
Procedure 1
Boundary Ecologies Water Abstraction
GAEC 2
2 1
Common Agricultural Policy (CAP) Compliance Regulations
0
2m GAEC 1
Buffer Strip
GAEC 1
The current EU Agricultural Subsidy structure employed by the UK is used to support Britain’s agricultural industry, which currently occupy 71% of the territory. The common agricultural policy, otherwise known as CAP, is the EU’s answer to supporting the livelihood 22 million farmers. Between 2014-2020 the budget €408.31 billion. The United Kingdom’s allocation for this period amounts to €22 billion, making them the fifth largest recipient of direct payments but by far not one of the largest producers of goods. The Relationship between agricultural practices and management of farms articulated in the 2003 regulations published by the European Union; established a framework within which Member States to adopt to national standards. In England, The Rural Payment Agency, was set up to manage CAP payments from the EU. The Agency manages Basic Payment Scheme (BPS) paying more than £1.5 billion to around 105,000 claimants a year.
Good Agricultural and Environmental Conditions (GAECs) GAEC 1: Establishment of buffer strips along watercourses GAEC 2:Water abstraction GAEC 3: Groundwater GAEC 4: Providing minimum soil cover GAEC 5: Minimising soil erosion Groundwater GAEC 6: Maintaining the level of organic matter in soil GAEC 7a: Boundaries GAEC 7b:Public Rights of Way GAEC 7c:Trees GAEC 7d:Sites of Special Scientific Interest (SSSIs) GAEC 7e: Scheduled Monuments Statutory Management Requirements SMR 1:Nitrate Vulnerable Zones (NVZs) SMR 2: Wild birds SMR 3:Habitats and species SMR 4: Food and feed law SMR 5:Restrictions on the use of substances havinghormonalor thyrostatic action and beta-agonists in farm animals SMR 6: Pig identification and registration SMR 7:Cattle identification and registration SMR 8: Sheep and goat identification SMR 9:Prevention and control of transmissiblespongiform encephalopathies (TSEs) SMR 10:Plant Protection Products (PPPs) SMR 11: Welfare of calves SMR 12:Welfare of pigs SMR 13: Animal welfare
5M
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Scattered vegetation. Scrub, bracken and overgrown rush
ou
14
2m
Equipment and Storage
sh
13
Dense vegetation
12
Hedge cutting, Farmyard manure, spoil, soil, clay, poultry litter
10
0
26
Single Farm Payment Compliance Regulations Per 12. Acres 11
Bogs, swamps, reed beds and fens
10
Woodland
Fi eld
13
Cliff Line Cliff Line
5M 0
15
Single Farm Payment Compliance Regulations Per 12 Acres
Outline for Proposed Framework
17
PRODUCTION OF AN IMAGE
19
rfolk Coast Supporting documents
ble below.
% change 960s-2007) 5 N/A N/A
urces: CPRE (2007)
North Norfolk Coast, National Character Area Profile, Natural England
ata is etween the
ces
Horizon Landscape Landscpae features: Trees ect Plot Boundary Field
Horizon
b
Sea d a
Salt Marshes Plot Boundary
c
Profile, Natural England
On the coastal plain reclaimed freshwater grazing mar shes fringed by reedbeds, commonly cut for thatching, are a key feature.
Field
Horizon Hedgerow
Field
30 Horizon Landscape
Plot Boundaries
AONB â&#x20AC;&#x153;Site Landscape Capacity Assessmentsâ&#x20AC;? Photo Viewpoints
Field
the lan
21
Boundary Definitions in the English Countryside
! ) ! *'
y land surveyor at work (Norden Surveiro Dialouge, 3rd edn. 1617)
! "
John Constable, R.A Dedham Vale, East Bergholt, 1802
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3 & 4 4$& $ / / %5 3 /% % /. 67$% # $&% 4 /%/ &' 5 4/
8 9 % ( 0( ( 2 8 9 ( 0 : 8(9 ( 0 8 9 % ( 0( ( 2 8 9 . . ;0 ( 0 ( 0 : 8(9 0 0 (
0 ( 0 : 8 9 ( : 8 9 +. .
( 0 : 8 9 4 + ( ( 0 . + . 0 . 8<9 . . = ;0 (
Patrick Keiler, Robinson in Space, 1997
Chapter 20. Law of Property Act 1925. UK
1. Laying of Enclosure, A seventeenth-sentry land surveyor at work (Norden Surveiro Dialogue, 3rd edn. 1617) 2. John Constable, R.A Dedham Vale, East Bergholt, 1802 3. Patrick Keiler, Robinson in Space, 1997 4.Chapter 20. Law of Property Act 1925. UK
23
Area of outstanding National Beauty and National Parks Coastline Designation Map 1944
This content downloaded from 86.143.232.11 on Mon, 02 Mar 2020 11:47:15 UTC All use subject to https://about.jstor.org/terms
This content downloaded from 86.143.232.11 on Mon, 02 Mar 2020 11:47:15 UTC All use subject to https://about.jstor.org/terms
1944 Countryside Rights of Way Act 2000
1. North Sea Coast of Britain, Coast Preservation and Planning, J. A. Steers, The Geographical Journal, 1944 2. Countryside Rights of Way Act 2000
25
Article 21
1. Article 21, Accession of Satellite Images, REGULATION (EU) No 1306/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, 17 December 2013 The list of the satellite images required for checks shall be agreed by the Commission and the Member States in accordance with the specification prepared by each Member State. The Commission shall supply those satellite images free of charge to the control bodies or to suppliers of services authorised by those bodies to represent them. The Commission shall remain the owner of the satellite images and shall recover them on completion of the work. It may also provide that work be carried out on enhancing techniques and working methods in connection with the inspection of agricultural areas by remote sensing.
Well Estimated
Under Estimated Over Estimated
Hedgerow Classification
and the Member States in accordance with the specification prepared by each Member State.
s or to suppliers of services authorised by those bodies to represent them. on completion of the work. It may also provide that work be carried out on enhancing techniques and working methods in connection with the inspection of agricultural areas by remote sensing.
27
THE 2150 PREDICTED COASTLINE AND PROTECTED LANDSCAPES
29
0
59
58
57
Li
m
it
of
U
K
EE
Z
56
Zo
ne
Land Lost by 2150 Lines on Land
55
0
+164
+440
54
+40
+45
53 Crow
n Es t
a t e O wnership
+136
+30
+9 +110
+273
52
Hemsby Coastal Erosion, Norfolk UK, 2018
+91
+64 51
+55 eN
or
th
Se
a Hemsby Coastal Erosion, Norfolk UK, 2018
el
nn
ha
ish C
l
ng
eE
Th
Th
+67
50
+128
0
22
PROTECTED LANDSCAPES; COUNTRYSIDE ROW ACT 2000 LAND LOST BY 2150, ICCP ICCP PREDICTED COASTLINE
100 KM
31
53
Sheringham
Norfolk Coast AONB
Cromer
Hunstanton Holt Mundesley
Fakenham
North Walsham
The Wash Nature Reserve
Kings Lynne
Norfolk AONB and National Parks Designation
Wroxham
Dereham
Swaffham
Norwich The Broads National Park
Great Yarmouth
0
Watton
Attleborough
Lowestoft Bungay Thetford
Diss
Halesworth Southwold
Aldeburgh
Ipswitch
52
Dedham Vale AONB
Felixstowe Colchester
Harwich
PROTECTED LANDSCAPES; COUNTRYSIDE ROW ACT 2000 FORESTRY COMMISSION ICCP PREDICTED COASTLINE 15 KM
0
20 KM
33
North Norfolk Coast, Coastline Ownership
0
Sheringham Norfolk Coast AONB
Cromer
Hunstanton
Holt Mundesley
Fakenham
North Walsham
The Wash Nature Reserve
Kings Lynne
Wroxham
Dereham
Swaffham
Norwich
CROWN ESTATE NATIONAL TRUST/ FORESTRY COMMISSION OVERSEAS COMPANIES RSPB PROTECTED LANDSCAPES ; COUNTRYSIDE ROW ACT 2000 FORESTRY COMMISSION ICCP PREDICTED COASTLINE
10 KM
35
Crown Estate Ownership
Crown Estate Ownership
2020 Foreshore
2020 Foreshore
AONB
2150 ICCP Prediction
2150 ICCP Prediction
37
Shingle Beach Site, North Norfolk Coast
0
0
2.5KM
500M
39
Salt Marsh Site, North Norfolk Coast
0
0
2.5KM
300 M
41
Cliff Top Site, North Norfolk Coast
0
0
200M
500 M
43
1. Language of Markers, Cromer Beach Access
2. Language of Markers, Royal West Norfolk Golf Club, Salt Marshes
3. Language of Markers, Scolt Head Island National Reserve
45
12 ACRE ROW AGREEMENT
47
12 ACRE RIGHT OF WAY AGREEMENT
UK EUROPEAN UNION
CENTRAL GOVERNMENT
LANDSCAPE
Right of Way Agreement Funding and Distribution _ a. Plots <12
LANDOWER
_ a. Plots <12
TOWN RESIDENCE
_ a. Plots <12 _ a. Plots <12 COMMON AGRICULTURAL POLICY (CAP)
SINGLE PAYMENT SCHEME
_ a. Plots <12
GARDENERS
Land Maintance Policy
Woodland
1. Mixed Planting based on Hydrology datatand soil fertility
Heath
1. Bracken 2. Heathland 3. Hawthorns
Wetland
1. Naturally Occupry 2. Seasonal
RANGERS
Grazing
1. Exsisting 2. Woodland and Heath
TRAVELER
Communal Facilites (Public)
_ a. Plots <12
BY PASSER
_ a. Plots <12
FARMER
_ a. Plots <12
SUBLETTER
Communal Facilities (Farming) Viewing Tower
1. Camping Grounds 2. Allotments 3. Platforms 4. Beach access 5. Viewing towers 1. Hay storage 2. Hay Driying 3. Organic Matter Sorage 4. Farming Equipment Storage 1. Distributed towards 2150 shoreline
FORESHORE
ROUTINE OF MAINTENANCE
Land over 12 acres included to be part of new land maintance policy Land management reclaims access to the foreshore through time The removal of land heirachys given by landscape designations Proposals occupy the medium heigh range to be part of outward view facing the coastline Maintain the relationship with the horizon Offering communal storage and increased perimant features of Agricultrual facilities Productivity is a reality and facilitiated through architectural elemetns Boundaries between plos are thickened in order to remove a single parting line Boundaries harbour public access and communal facilities, these now become a place of transportation, communion The distant enables the access to land Flooding becomes an oppertunity to blur distincions between plots, seasonality evades uclidian geometry
49
12 ACRE AGREEMENT
UK EUROPEAN UNION
CENTRAL GOVERNMENT
AN ANGREEMENT BETWEEN LANDOWNERS
TITLE REGISTRY ROW Register, instate Public Right of Way Through Private Land
Express Dedication
Right of Way Agreement, Express Dedication
COMMON AGRICULTURAL POLICY (CAP)
SINGLE PAYMENT SCHEME
_ a. Plots <12
LANDOWER
_ a. Plots <12
TOWN RESIDENCE
_ a. Plots <12
GARDENERS
_ a. Plots <12 _ a. Plots <12
12 A. ROW Agreement
Woodland
1. Mixed Planting based on Hydrology datatand soil fertility
Heath
1. Bracken 2. Heathland 3. Hawthorns
Wetland
1. Naturally Occupry 2. Seasonal
RANGERS
Grazing
1. Exsisting 2. Woodland and Heath
TRAVELER
Communal Facilites (Public)
_ a. Plots <12
BY PASSER
_ a. Plots <12
FARMER
_ a. Plots <12
SUBLETTER
Communal Facilities (Farming) Viewing Tower
1. Camping Grounds 2. Allotments 3. Platforms 4. Beach access 5. Viewing towers 1. Hay storage 2. Hay Driying 3. Organic Matter Sorage 4. Farming Equipment Storage 1. Distributed towards 2150 shoreline
ROUTINE OF MAINTENANCE
Land over 12 acres included to be part of new land maintance policy Land management reclaims access to the foreshore through time The removal of land heirachys given by landscape designations Proposals occupy the medium heigh range to be part of outward view facing the coastline Maintain the relationship with the horizon Offering communal storage and increased perimant features of Agricultrual facilities Productivity is a reality and facilitiated through architectural elemetns Boundaries between plos are thickened in order to remove a single parting line Boundaries harbour public access and communal facilities, these now become a place of transportation, communion The distant enables the access to land Flooding becomes an oppertunity to blur distincions between plots, seasonality evades uclidian geometry
51
12 ACRE AGREEMENT
UK CENTRAL GOVERNMENT
AN ANGREEMENT BETWEEN LANDOWNERS
TITLE REGISTRY ROW Register, instate Public Right of Way Through Private Land
Express Dedication
Right of Way Agreement post-2027
POST- BREXIT AGRICULTURAL POLICY
_ a. Plots <12
LANDOWER
_ a. Plots <12
TOWN RESIDENCE
_ a. Plots <12
GARDENERS
_ a. Plots <12 _ a. Plots <12
12 A. ROW Agreement
Woodland
1. Mixed Planting based on Hydrology datatand soil fertility
Heath
1. Bracken 2. Heathland 3. Hawthorns
Wetland
1. Naturally Occupry 2. Seasonal
RANGERS
Grazing
1. Exsisting 2. Woodland and Heath
TRAVELER
Communal Facilites (Public)
_ a. Plots <12
BY PASSER
_ a. Plots <12
FARMER
_ a. Plots <12
SUBLETTER
Communal Facilities (Farming) Viewing Tower
1. Camping Grounds 2. Allotments 3. Platforms 4. Beach access 5. Viewing towers 1. Hay storage 2. Hay Driying 3. Organic Matter Sorage 4. Farming Equipment Storage 1. Distributed towards 2150 shoreline
ROUTINE OF MAINTENANCE
Land over 12 acres included to be part of new land maintance policy Land management reclaims access to the foreshore through time The removal of land heirachys given by landscape designations Proposals occupy the medium heigh range to be part of outward view facing the coastline Maintain the relationship with the horizon Offering communal storage and increased perimant features of Agricultrual facilities Productivity is a reality and facilitiated through architectural elemetns Boundaries between plos are thickened in order to remove a single parting line Boundaries harbour public access and communal facilities, these now become a place of transportation, communion The distant enables the access to land Flooding becomes an oppertunity to blur distincions between plots, seasonality evades uclidian geometry
53
Deed of Dedication [Landowners name] (1) and 12 Acre ROW Agreement (2)
THIS DEED OF DEDICATION is made on the _________day of 2020 BETWEEN (1) [LANDOWNER’S NAME] of [LANDOWNER’S REGISTERED ADDRESS] and its successors in title (the Landowner); and (2) 12 Acre ROW Agreement (The Landowner and 12 Acre ROW Agreement being together called the Parties) WHEREAS: The property more particularly specified in the Schedule (the Property) [forms part of the property of the Landowner] OR [is held by the Landowner in trust for [name of the charity]]. The Parties hereby agree that the Property will be dedicated in perpetuity in the manner and for the purposes set out below (but without any intention to create any charitable trust), and in accordance with the mutual undertakings given by the Parties. 3. The Landowner gives the following undertakings: 3.1 Not to use the Property or permit the Property to be used for any purpose other than as [a public byway or footpath]; 3.2 Not to grant, allow, suffer or permit the Property to be used for any purpose outside clause 3.1 including for any occasional or specific period of time without the consent of 12 Acre ROW Agreement; 3.3 Subject to clause 4 or clause 5, not (in so far as it has the power to do so) to dispose of the Property without the consent of 12 Acre ROW Agreement; 3.4 Not to erect, allow, permit or suffer any buildings, structures or alterations on the Property, the use of which is outside the permitted uses as stated in Clause 3.1 without the consent of 12 Acre ROW Agreement; 3.5 To inform 12 Acre ROW Agreement without delay of any proposals, intentions or decisions to grant, allow, suffer or permit: 3.5.1 Disposals of the whole or part of the Property; 3.5.2 The erection of any buildings, structures or alterations on the whole or part of the Property whether inside or outside the user clause at clause 3.1; 3.5.3 The temporary closures or uses of the whole or part of the Property; 3.6 To provide 12 Acre ROW Agreement with information in response to any reasonable request by 12 Acre ROW Agreement relating to the use at clause 3.1. 3.7 To maintain the Property and so far as is consistent with its duties as [a local authority OR trustee of the Property] to have regard to any advice given from time to time by 12 Acre ROW Agreement on the management and running of the Property; 3.8 To erect notices on the Property in the form of signage provided by 12 Acre ROW Agreement and its protection of the property, giving recognition of financial support where required; 3.9 To apply within three months of the date of this Deed for the registration in the proprietorship register of the registered title of the Property at the Land Registry of a restriction to the following effect: “No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by 12 Acre ROW Agreement or by its conveyancer that the provisions of clause 4 of The
001
Deed of Dedication, written by Angelina Bishman, Land Use Legal Consultant, U.S.A
002
55
Deed of Dedication dated [ ] between [landowners name] (1) and 12 Acre ROW Agreement (2) have been complied with” 3.10 To apply within three months of the date of this Deed for the registration in the charges register of the registered title of the Property at the Land Registry of a notice to the following effect:
IN WITNESS whereof this Deed of Dedication is executed the day and year first before written. SCHEDULE [All of OR Part of] that freehold property known as land at [ ] which is identified on the plan outlined in red and annexed to this Deed being [all OR part] of HM Land Registry Title Number [ ].
“By a Deed of Dedication dated [ ] between [landowners name] (1) and 12 Acre ROW Agreement (2) the land in this title identified on the plan outlined in red annexed to a Deed of Dedication dated [ ] was dedicated for use as [agreed use from clause 3.1 e.g. a public playing field and recreation ground].”
EXECUTED as a DEED by affixing
3.11 To supply 12 Acre ROW Agreement with evidence that the registrations referred to in clauses 3.10 and
in the presence of:
3.12 have been completed within a reasonable period of time after completion.
[AUTHORISED SIGNATORY]
4. Pursuant to clause 3.3, 12 Acre ROW Agreement shall not unreasonably withhold consent to any disposal of the Property provided that the Landowner at the request of 12 Acre ROW Agreement:
Name:
4.1 Replaces or agrees to replace the Property with a piece of freehold land approved by 12 Acre ROW Agreement which is of equivalent or better quality than the Property, with equivalent or better facilities than the Property, of the same or greater dimensions than the Property, in the same catchment area as the Property, and as accessible to the public as the Property (the Replacement Site) and applies such of the proceeds of any sale of the Property as are necessary to do so; and 5. 12 Acre ROW Agreement will not unreasonably withhold consent to any disposal of the Property at nil cost to any local authority or non-profit making organisation which will hold the Property and ensure that its use is compatible with clause 3.1, provided that the new landowner enters into another Deed of Dedication with 12 Acre ROW Agreement on the same terms as this Deed in respect of the Property.
The COMMON SEAL of [LANDOWNER’S NAME]
Signature: EXECUTED as a DEED by affixing The COMMON SEAL of 12 Acre ROW AGREEMENT in the presence of: Trustee: Trustee:
6. 12 Acre ROW Agreement undertakes that it will: 6.1 Not unreasonably with hold consent to disposal of the Property or the erection of any structures upon it, subject to its duty to perform its charitable objects and provided that the provisions of clause 4 or clause 5 of this Deed have been complied with; 6.2 Carry out a number of actions to ensure that Public Rights of Way are kept in good order. 6.2.1 Put fingerposts where paths leave a road 6.2.2 Waymark path junctions 6.2.3 Install and repair bridges over waterways 6.2.4 Maintain the vegetation upgrowth on routes so as not to cause an impassable obstruction (except cross field paths through arable crops where the landowner has a responsibility) 6.2.5 Repair surfaces 6.2.6 Remind landowners to keep hedgerows clear from overhanging and obstructing passage along a PROW 6.2.7 Ensure that the landowner keeps their stiles and gates in good repair and are easy to use 6.3 Notify the Landowner without unreasonable delay of any concerns or matters of advice to which it requires the Landowner to have regard. 7. The Landowner DEDICATES the Property as [a public byway and/or Footpath] for the benefit of the the Countryside Rights of way Act 2000 and thereabouts and the site will be titled [name of pathway]
003
004
57
Amendment of Title Registry; 12 Acre ROW agreement
59
TIME ELEMENT
AREA
Marker- Elevated
x 3500
Marker- Rock
x 1500
Field Boundary
71880 m2
Paths
111500 m2
VARIATION
1 2 3 4 5 6 7 8 8 9 10
11-20
21-30
31-40
41-50
51-100
Hedgerow Field Verges Field Corners Drainage * all embedded with public pathways
3m 6m Footpath/ Vehicle Access
MAINTENANCE
Camping Ground
x7
Parking
630 m2
Allotment
8272 m2
Tower
x4
7740 m2
24 m2
Use
Unoccupied (objects/animals)
Cleaning/Clearing
Weeding
Reinstate Objects
Planting
Grazing Checks Trimming
SOM (Soil Organic Matter)
61
TIME
ELEMENT
Timber/ Debris Storage
Hay Storage
Organic Matter Storage
VARIATION
x 18
Occupied Seasonally
x 20
Occupied Seasonally
x 47
Occupied Seasonally
x 14
Occupied Seasonally
1692 m2
1 2 3 4 5 6 7 8 8 9 10
11-20
21-30
31-40
41-50
51-100
1880 m2
4418 m2
392 m2
Heathland
385160 m2
Woodland and grazing
542630 m2
Grazing (existing Farmland)
350620 m2
Existing Woodland (monoculture)
233680 m2
MAINTENANCE
Shed/ Equipment Storage
AREA
Use
Unoccupied (objects/animals)
Cleaning/Clearing
Weeding
Reinstate Objects
Planting
Grazing Checks Trimming
SOM (Soil Organic Matter)
63
RIGHT OF WAY AGREEMENT FRAMEWORK 001
0
5M
5M
Agricultural Land 5M
5M
Road
Markers
2M
Communal Road Public Access
Fence/ Inconsistant Greenary
Grass Verge; vaired
Heath/ dense bush
5M
Use
Unoccupied (objects/animals)
Cleaning/Clearing
Weeding
Reinstate Objects
Planting
Grazing Checks Trimming
SOM (Soil Organic Matter)
65
002
0
5M
10 M
Agricultural Land
Road
2M
2M Markers
2M
2 M Communal Temporary Storage
Public Access Hedge Grass Verge
Planted Field Verges
67
003
0
5M
Agricultural Land 5M
5M
Road 2M Fence/ Inconsistant Greenary
Markers Communal Road Public Access
Grass Verge; vaired
Agricultural Land
69
004
0
5M
4M Agricultural Land
Road
2.5 M
Exsisting Woodland
10 M Communal Road Public Access
Markers
5M
Agricultural Land
71
005
0
5M
Private land Sand Dune Public Access to Marsh
Agricultural Land
Priavate Access to marsh
2M
Public path Hedge
Grass Verge
Markers Public Access
Road
Viewing Tower
Proposed Woodland
73
006
0
5M
75
007
0
5M
10 M
Agricultural Land
6M Grass Verge Road Hedgerow
2M
Markers 2M
Public Access
Strom Surge Flooding Wetland Verge
77
008
0
5M
3M
Excisting Woodland
Markers 6M
Road
Public Access
Hedgerow 2M
Ground Water Flooding Agricultural Land
As large as Flooded zone Wetland Verge
Heathland
79
009
0
5M
10 M Wetland Verge
Grass Verge
Agricultural Land
4M
Fence Grass Verge
2M
Markers 4 M Public Access
Elevated Platform for Camping
Ground Water Flooding
81
010
0
Cliff Top
Cliff Base
Foreshore Private Land
5M
Agricultural Storage
Cliff Top
Cliff Base
Foreshore Private Land
Agricultural Land
Road
Markers 2M Hedge
Public Access from Cliff Top to Foreshore
Grass Verge
Planted Field Verges
83
010_2
0
Cliff Top
Cliff Base
Foreshore Private Land
5M
Agricultural Storage
Cliff Top
Cliff Base
Foreshore Private Land
Agricultural Land
Road
Markers 2M Hedge
Public Access from Cliff Top to Foreshore
Grass Verge
Planted Field Verges
85
011
0
Top of Sand Dune Base
Foreshore Private Land
5M
Top of Sand Dune Base
Foreshore Private Land
Wetland
Markers Public Access to foreshore
Wetland Planted Buffer
Beach Access
87
012
0
Sand Banks
Salt Marshes
5M
Fragemented Bridges
Markers Public Access
89
013
0
5M
Private Land Golf Corse
3 M Gravel Bufferzone
Markers Walking path
1M
3 M Gravel path
91
IMPLEMENTATION IN THE LANDSCAPE
93
Access Maintained through Time
1
2
3
4
5
6
7
8
9
10
Terracing
GeoTextile
Path
GeoTextile
Stairs
Screw pile
Timber Sitars
Foreshore Decking
Occupancy
Removal
Assessment
Addition
Reinforcement
Planting
95
Access Maintained through Time Erosion rate 1.62 m/year
1
2
3
4
5
6
7
8
9
10
Terracing
GeoTextile
Path
GeoTextile
Stairs
Screw pile
Timber Sitars
Foreshore Decking
Occupancy
Removal
Assessment
Addition
Reinforcement
Planting
97
Access Maintained through Time Erosion rate 5 m/year
1
2
3
4
5
6
7
8
9
10
Terracing
GeoTextile
Path
GeoTextile
Stairs
Screw pile
Timber Sitars
Foreshore Decking
Occupancy
Removal
Assessment
Addition
Reinforcement
Planting
99
Site Sample: 12 Acre Right of Way Agreement
0
Year 1-10, Maintenance of access through elements
600 M
along the roding mental
101
PART I
1 Sky 60
movement l beach ce caused
60m Above Sea Level
60
Proposal 30
30m Above Sea Level
30
tely owned LOO GHÂżQH h. In
public XEOLF DQG 1HZ ditions PXQDO last
Forground
2
the North ogy. The ously G\ V\VWHP nd land nd.
gy, l help nd the
Sky Horizon Sea Proposal 30
30m Above Sea Level
30
Forground
Proposal and Landscape Diagram
25
The Distant
103
Foreshore Access; an everlasting process of maintenance
re Access, Pre-existing Ownership
Privately owned Cliff Face
Crown Estate
Exclusive Economic Zone
Privately Owned Beach
-
Agricultural Plot
Chart Datum Sea Bed
105
Territorial Seas
3 n. Miles
Contiguous Zone
High Seas
Legal Continental Shelf
Crown Estate Owned Foreshore under regalia majora 12 n. Miles 200 n. Miles MHW MLW Chart Datum
PRIVATELY OWNED
PRIVATELY OWNED
COASTAL LAND
CLIFF
PRIVATELY OWNED FOR PUBLIC USE
LAT (OS)
PRIVATELY OWNED
BEACH
SEA
Crown Estate
Exclusive Economic Zone
Privately Owned Beach
Privately owned Cliff Face
Agricultural Plot
Chart Datum Sea Bed
-
Territorial Seas
3 n. Miles
Contiguous Zone
Legal negotiation of Foreshore Access
High Seas
Legal Continental Shelf
Crown Estate Owned Foreshore
SUBSIDY PATH
under regalia majora
50
12 n. Miles
40 20.2
200 n. Miles
5
MHW MLW Chart Datum
FORESHORE
AGRICLUTRAL OBJECTS
ACCESS
GRASS PATH
EARTH DYKE
TERRACING CONCRETE STEPS ACCESS
PRIVATELY OWNED
PRIVATELY OWNED
COASTAL LAND
CLIFF
PRIVATELY OWNED FOR PUBLIC USE
PRIVATELY OWNED
BEACH
50
SEA
5
PLOT 1
50
PRE-EXISTING BOUNDARY
FORSHORE
PLOT 2
45
PRE-EXISTING BOUNDARY
VARIABLE
Ownership
Erosion
Tides
TIME PERIOD
1 Century
1 Decade
1 Day
ELEMENT
Landscaping
Landscaping
Landscaping
Modular Elements
LAT (OS)
107
Shared Agricultural Storage, Cliff Top
109
Shingle Beach, Public path and salt water pool
111
Footpath Through Marshland
113
Right to Roam within Heathland
115
From Viewing Tower to Viewing Tower