Breadcrumbs
MINISTRY OF DEFENCE ISSUES (AP01/26)
FOR DECISION
Recommendation
The Board is asked to agree the Agency's strategy of constructive engagement with MoD Defence Estates to maximise the influence that can brought to bear to enable sensitive management of the military estate .
Relevance to Strategy and Corporate Plan
Our relationship with the MoD, both in relation to its Estates Strategy and wider operations, stems from our Rural Assurance role as set out in both the Strategy and the Corporate Plan.
Staffing and financial implications
Lead responsibility for the Agency's relationship with the MoD rests with Enjoying the Countryside , with contributions from Wider Welcome ( for access issues ) and the Rural Proofing Studies Unit ( wider MoD relationship ) . Staff and programme resources are provided within the Corporate Plan .
Risks
The main risks in this area are twofold . First , that we may be seen by others as being too close to MoD and not therefore able to exercise our statutory consultee responsibility fully and properly . Second , that despite constructive engagement we may not be able to exercise sufficient influence .These risks are mitigated by bringing an annual report to the Board , engaging at Director level with DE on a bi-annual basis and close liaison with interested non governmental organisations .
Main issues to concern the Board
- is the Board satisfied that our policy of constructive engagement with MoD does not compromise our ability to oppose inappropriate military land use in protected areas?
- are we doing enough to influence MoD to conduct its training operations in a more sustainable manner?
- is the Board content that our current rural proofing work with MoD is focused mainly on the Defence Estate ?
1 In April 2000 the Board approved an Agency response welcoming a draft Defence Estate Strategy from the MoD setting out its proposals for managing the land it occupies for defence purposes. The Board asked for an annual update on MoD's implementation of the strategy .This paper provides the first of those updates. But to give a complete picture it also reports on some other issues relevant to the strategy and our relationship with the MoD.
The Defence Estate Strategy
2. The Defence Estate Strategy was published in June 2000. It identifies both high level strategic objectives and a large number of more detailed objectives. The strategic objectives which apply directly to the Agency's interests are:
- To take appropriate account of environmental, public access, social planning and heritage factors in managing the estate and the use the MoD makes of it.
- To develop and implement a strategy for the management of the rural estate that takes account of the interests of all the stakeholders.
3. The detailed objectives for landscape, recreation, the MoD's relationship with local communities, and its disposal and acquisition of sensitive property are annexed to this paper.
The relationship between the MOD and the voluntary and statutory sectors
4. Through preparing the strategy the MOD have engaged much more extensively with statutory and voluntary bodies than in the past and are keen to continue to build positive working relationships through the implementation process. This has been warmly welcomed albeit with a recognition that some important differences are likely to persist. For example the MoD and access groups have different views on how far access to military ranges can be allowed before public safety is unacceptably compromised.
5. A Director led Countryside Agency group now meets twice a year with the MoD's Defence Estates management team. Outside these meetings officers from both Enjoying the Countryside and Wider Welcome are liaising with their opposite numbers within Defence Estates. Developing this relationship will be crucial if we are to influence MoD policy effectively over the long term. There is now scope to produce a memorandum of understanding between the MoD and the Agency to underpin that relationship.
Implementing the Estates Strategy
6. By early 2002 the MoD will have published its first formal 'Stewardship Report' setting out the progress made in meeting its strategic objectives. However, some useful progress was reported to a gathering of NGOs and statutory bodies at
the MoD in London on 28 March, at which the Agency was represented by its
Deputy Chairman .
7. The MoD has initiated six major projects to provide the basis for delivering the strategy over the long term. These are: the preparation of the first Annual Stewardship Report; an identification of a reduced number of core sites (as larger, multifunctional training areas); the development of a set of performance indicators; attention to the rural elements of the Estates Strategy (as a major subset of the whole strategy); improved training for estate management personnel; and the creation of improved management information systems.
8. The current focus on these six projects means that only modest progress could be expected in relation to the detailed objectives. However, some welcome developments are reported below :
Landscape and environment
- The MoD have proposed a focus group, chaired by the Under Secretary of State for Defence, to address environmental issues pertaining to the defence estate. We expect the Agency will be invited to participate and we are pressing for more details.
- The Ministry is reportedly on target to have Integrated Land Management Plans in place for all major training areas by 2002.
- Defence Estates have established a challenge fund of around £100,000 per annum for environmental and landscape works outwith their usual works budget. This may be developed into a long term trust fund.
Recreation
- Defence Estates are preparing a web site and a new publication to promote walks on MoD land.
- Defence Estates have established a Stakeholder Access Working Group to assist the delivery of better access on the defence estate .
Countryside and Rights of Way Act 2000
9. Consultants have been appointed to undertake public access studies of the Army training estate by region, to review existing opportunities and recommend means to enhance public access. These studies will inform the MoD's approach to implementation of the CROW Act. The first of the resulting reports will be produced for land in the Agency's lead areas for mapping access land. They will be discussed with the Agency in draft and should be published in final form in the autumn.
10. The Agency has a particular interest in MoD's use of section 28, which allows them to exclude or restrict public access (temporarily or indefinitely) for the
purposes of defence or national security; and the areas subject to military bylaws
which will be 'excepted land' under Schedule 1 of the Act. Initial discussions have been held with the Army and Defence Estates on both issues. MoD plans to consult the Agency on their proposals for the initial use of Section 28 powers during the summer. A major review of military bylaws has been proposed although Defence Estates have concluded that this will be a huge exercise taking many years to complete. They have not yet advised the Agency how they intend to proceed.
11. The opportunity under the CROW Act for the dedication of land for public access has been raised with Defence Estates. The MOD is only empowered to hold as part of their Training Estate land for which there is a training requirement, and they are required to dispose of any areas which are not actively used for training. As such, Defence Estates do not foresee any scope for dedication.
12. The MoD is aware that the Act improves the management and protection of AONBs, and are considering how they can support the AONB management plans required by the legislation. To underpin this they plan to agree a declaration of intent with the Association for AONBs.
Otterburn and Warcop
13. At two locations MoD proposals to change the way in which they use and manage their estate has produced a conflict with the countryside and environment lobby.
14. At Otterburn, within the Northumberland National Park, the Ministry wishes to install new roads and hard standing for the deployment of a new missile system. This is opposed by the National Park Authority, has been the subject of two public enquiries, and is now with the Secretary of State for Environment for a final decision. The impasse over Otterburn has delayed an MoD declaration of intent with the Association of National Park Authorities.
15. The Agency's position is that the future use of the Otturburn range should: be informed by the strategic environmental assessment process applied by the MoD to its Strategic Defence Review; be accompanied by a search for mitigating or counterbalancing measures; and not result in any intensification in the use of the area over a reasonable time scale of say five or ten years, and that this should be monitored by an advisory group reporting to the Secretary of State.
16. On the Warcop training estate, within the North Pennines AONB , the Ministry wishes to purchase commoner grazing rights and reduce the number of access days available to walkers. This would give the Army greater flexibility in how it uses the area.
17. The Agency is not objecting to the proposal so long as the status of the area as common land is protected. The Agency has therefore put forward a solution which has been accepted by the MoD which would create a limited number of new rights for a small number of commoners, plus a right in gross (ie. not attached to any land holding) to a national amenity society that would be most unlikely ever to agree to sell the right. We have also concluded that overall the quality and utility of access will not be diminished by the MoD's proposals but that this needs to be confirmed through rigorous examination at the public inquiry.
Dartmoor
18. Licenses which allow live firing exercises on Dartmoor will expire in 2012, although the military can break the contract on any anniversary from 2003. The Countryside Commission concluded, reportedly as long ago as the late 1970s, that a phased withdrawal of live firing would be desirable. Investigations are under way to establish how this was translated into formal policy, and whether the Countryside Agency should revisit the issue. The Dartmoor National Park Authority's currently policy stance is that there should ultimately be a withdrawal of military use damaging to national park purposes.
19. A more pressing issue on Dartmoor is that of dry training (training that doesn't involve live firing) on Cramber Tor. The license for this will expire in July this year, although the MoD may ask South West Water (the owners of the land) and the Dartmoor National Park Authority for an extension due to the interruption in training caused by Foot and Mouth. The MoD's consultants will produce an Environmental Impact Assessment of the military use of the Tor. The Agency might usefully wait for that assessment and the local response to it before reaching any conclusions.
Rural Proofing
20. The Defence Estates Team are producing a 'sustainability appraisal' methodology to help assess the impact of new policies and operations. To help
shape their approach they have received details of the Agency's rural proofing approach, including our new rural proofing check list. We will continue to work closely to help them to rural proof their own policies .
Disposals and need to maximise receipts
21. Despite a strategy proposal to dispose of land in a manner that safeguards any special conservation or cultural value, the MoD is required to maximise any receipts from the disposal of land and other property. This prevents them from selecting a bidder on the basis that they will manage the area sustainably and deliver public goods such as enhanced access and nature conservation. However this requirement has been set aside for the disposal of monuments and historic buildings thanks to an agreement negotiated between the MoD, DCMS and the Treasury. The Agency should encourage and support DETR to facilitate a similar arrangement for the disposal of countryside assets by the MoD. Failure to secure such an agreement increases the chance that assets will be sold to the highest bidder regardless of alternative land uses .
Summary
22. MoD Defence Estates is making significant progress in its approach to land management and the inclusion of others' interests in its decision making processes.
We can expect much more progress in implementing the Defence Estates Strategy over the next few years.
23. At the same time issues such as Otturburn are a reminder that the MoD's first responsibility is to maintain the state of readiness of the armed forces . The Agency is developing a constructive relationship with the MoD and is well placed to support the Ministry to find ways of reconciling its primary role with proper care for the areas it controls.
24. Priority is being given to developing close working relationships with Defence Estates and seeking to maximise our ability to influence implementation of their strategy .
Annex 1
Detailed objectives within the Defence Estates Strategy
Access and recreation
We will work with local authorities, statutory bodies, local and national fora and other relevant stakeholders to understand the public's wishes for access to the rural estate. we seek to increase the amount, quality and certainty of access overall.
We will, where practicable, proactively promote and develop opportunities for public access, recreational use and enjoyment.
We will publicise recreational access opportunities in an effective, clear and co-ordinated manner
We will ensure that maximum advance notice is given both of access opportunities and unavoidable changes to publicised arrangements.
We will seek to provide sensitive and appropriate facilities to support safe and enjoyable access, such as adequate car-parking, signs or information boards.
We will ensure that our personnel are properly trained and directed to support appropriate public enjoyment of the rural estate.
We will seek to ensure that, in so far as we are responsible, rights of way and permissive routes are accessible, brought into good order and maintained in that state.
We recognise that some parts of the estate are more popular than others and we will, where practicable, give priority to addressing access and recreational issues on these.
We recognise the need to improve access by disabled people and will optimise military infrastructure for this purpose, where necessary.
We will keep MOD bylaws under review so that access opportunities are not restricted unnecessarily.
Landscape
We will promote the objectives of statutory designated areas (NPs and AONBs) wherever possible.
We will develop and train our staff to ensure that the value and significance of the landscape is fully understood.
We will work actively with the Statutory Bodies and other stakeholders to identify and undesignated areas of landscape significance which may require sensitive management.
We will take all reasonable measures to mitigate the impacts of any development proposals on landscape character in order to avoid undertaking damaging developments.
We will endeavour to keep training areas clear of all litter and debris. We will review the removal of any redundant military structures in a sensitive and timely manner, having regard to their potential cultural, historical or nature conservation value.
We will seek to maintain the character of the landscape by safeguarding and, where practicable, enhancing or developing significant landscape features, such as dry stone walls or hedges.
We will reflect the wilderness aspects of the landscape in our management practices.
We will assess the impact on the landscape of any proposed changes in land use or vegetation cover and undertake such mitigation measures as are necessary.
We will assess the scope for developing landscape characterisation baselines for the rural estate.
We will plan and manage both new and existing woodland schemes sensitively in accordance with plans agreed with the relevant authorities.
Relationships with local communities
We will seek to understand the needs and concerns of neighbouring communities in the vicinity of rural land used for military activity and, where possible, seek to reduce inconvenience.
We will ensure that advance notice and explanations are given where significant inconvenience cannot be avoided.
We will put in place appropriate noise management systems to enable training area managers to make informed decisions about minimising the effect of gunfire noise on local communities.
We will be prompt and courteous in our dealings with the local communities, providing a fast and informative response through well-publicised and simple mechanisms.
We will ensure that potential impacts on employment, investment and quality of life in local communities are taken into account in decision making.
We will ensure that Service personnel are made fully aware of their social responsibilities as part of the local community.
We will continue to recognise and respect the interests of individuals having commoners' rights on land owned or utilised by the MOD.
Disposal and acquisition of sensitive property
We will agree with the Statutory Bodies and local planning authorities which land would be regarded as sensitive if sold (in addition to land within National Parks and AONBs, or having other designated status).
We will provide advance notice of any intended disposals (or acquisitions) to Statutory Bodies and local planning authorities of property regarded as sensitive.
We will discuss with the Statutory Bodies and other stakeholders, where appropriate, how the property might be sold to safeguard wildlife, landscape, cultural heritage, access and recreational opportunities. Advice will be sought as to which bodies might purchase the property and safeguard its special value.
We will ensure that property continues to be managed in a sensitive manner during the disposal process. We will ensure that the purchaser is aware of any statutory designations and will pass on any records that we have maintained.
We will ensure that our approach to the acquisition and subsequent management of sensitive land takes into proper account the views of the appropriate Statutory Bodies.
