Choosing the Appropriate Management Model for Common Land
Context
Common land is subject to a great diversity of management models, some statutory with the ability to enforce adopted regulations, others voluntary with no ability to bind dissenting minorities. Many commons have no formal management model and have not felt the need to adopt one.
The introduction of Uplands Entry Level Stewardship (Uplands ELS) in 2010 to replace the Hill Farm Allowance changed matters for commons in Severely Disadvantaged Areas (SDAs). In order for common land in the SDA to qualify for Uplands ELS there must be a commoners association or group. For commons outside the SDA it is usually necessary, for practical reasons, to establish some form of management or legally constituted group in order to enter agri-environment agreements.
Please refer to the information on Governance of Common Land for details on the range of possible management models and governance systems.
Background
Historically, commons have been managed by a variety of bodies representing their various interests. Some of these, such as commoners’ associations and manorial courts have no legal powers or ability to compel dissenting individuals to comply; others take the form of voluntary legal agreements which are binding on all parties.
There are a number of statutory governance models which have been introduced over a one hundred and thirty year period; these include Boards of Conservators (1876) and Commons Councils (2006).
Which management model suits the circumstances of your common?
It is essential to consider carefully the specific needs of the commoners, common and landowner together with the local problems that they face before choosing which management model to adopt. If large sums of money are involved, a legally binding agreement or statutory governance model is probably essential but do carry out a cost/benefit analysis before going down the route of establishing a Council – some of the other options may be just as effective.
Tip: It is advisable to obtain professional help when making a decision about which management model to adopt. Please use this guidance in the context of that professional advice.
Decisions and options
This section consists of a series of questions which should assist commoners and others with an interest in common land to decide which management model is most appropriate to their circumstances. Click below for a flow chart encouraging you to consider issues which may affect your choice of management.
Advantages and Disadvantages of Options
Each management model has its benefits and its disadvantages. Click below for a table outlining the key points about various models.
How to establish the chosen model
Once you have decided upon a management model, you need to establish the organisation. Click below for more information.
Further Information and Signposting
Agricultural Management of Common Land in England and Wales - Prepared by Land Use Consultants for Defra January 2005
Natural England has commissioned studies looking into the possible establishment of Councils in three areas; for more information on these studies visit their website
For more information on councils refer to the Defra website
For more information on CICs refer to Gov.uk
For general guidance contact the Foundation for Common Land