Hack writer

The Woodland Trust has announced its intention to acquire 250 hectares of farmland at Langley Vale Farm to form one of four Centenary Woods to mark the anniversary of the start of the First World War. Over 200,000 trees are planned to be planted on the site over the next five years, and the embryonic woodland estate is likely to attract increasing numbers of visitors. An artistic impression of the estate can be seen here.

Plans for access (including paths for horseriders), planting and managing visitors are likely to be among the challenges raised at a public meeting hosted by the Woodland Trust at 1400 on Sunday 23 March, at Langley Vale Village Hall.

Walton Road: we asked for correction of the minutes of the last meeting to amend reference to consideration of a ‘stopping up order’ for Walton Road, and substitute reference to a traffic regulation order, which is what we understood was contemplated — even though the racecourse has decided not to pursue such an order. If the racecourse was, in fact, considering seeking a stopping up order, that would be dramatically more serious for future use of Walton Road across the downs.

Cycling: now that the new byelaw prohibiting cycling on the downs, other than on authorised routes, is in effect, we asked what plans were contemplated to sign the authorised cycling routes across the downs, so that enforcement could take place against cyclists who departed from the authorised routes. Without such marking, cyclists could not possibly know where they could and could not go.

Hack sand track: The Horserace Levy Board had been to inspect the track and consider what works were required. They had undertaken to look at their records in relation to the sand track, and a meeting was required to discuss the situation and arrive at a pragmatic solution. Even the chairman said that the matter had dragged ‘on and on’. We asked about the timescale for resolution, and asked what could be done on an interim basis? The chairman said that funding was the chief obstacle to serious works in the interim. The head downskeeper said that harrowing and stone picking continued on a regular basis.

Ownership of the downs: we pressed again for clarification of whether the racecourse ownership had been duly registered in the Land Registry, to protect the public interest in the land, and it was confirmed that it had been. This will make it much more difficult for adjoining landowners or residents to filch the downs by adverse possession (and therefore deny the public rights of access).

Code of conduct signs: we asked whether there were plans for further code of conduct signs, to build on the three which were now in place, and to replace the dilapidated signs elsewhere on the downs. The chairman said the Jockey Club had provided funding for a further two, and the Board would be asked to approve the siting of these. The downskeepers had undertaken an audit of signs on the downs, noting that some byelaws signs had been lost; the intention was subsequently to move on to look at what further signs were required.

Tarmacadam surfacing of Walton Road across Six Mile Hill: no application had yet been made to the planning authority or to the highway authority for approval to extend the surfacing works. We had put some suggestions to the previous meeting of the board, which had been constructively considered and we appreciated the decision to remove the fencing after a temporary period. The only fencing which remained was at the top of Six Mile Hill, where the surface of the road was not sealed, and the fencing was retained there to guide users onto the sealed section further downhill; however, the racecourse agreed to review the width allowed to users if this were felt to be inadequate at present.

Carriage driving on Walton Road: the racecourse declined to add anything further to the statement minuted at the previous board meeting, that it would not seek any change to user rights on Walton Road.

Signposting of the hatched area: we asked for the hatched area to be signed as either available or unavailable, and this was agreed (Ed: of course, in practice, it will be signed permanently as unavailable: but at least that will be obvious to all).

Car parking on hack areas: we asked about the powers of the racecourse to authorise car parking on the hack areas, particularly that outside the Derby Arms pub, during events (other than on racedays) — the racecourse will respond at a later date.

Constitution: The council’s chief solicitor said that a report on the Bill in 1984 said that the consultative committee was set up under an undertaking, to include the TGMB, Epsom Downs Riders’ Protection Society and the British Horse Society, for the purpose of consultation on future management and control of the hack rides and paths: so the purposes were considered to be quite specific. The chief solicitor then spoke to oppose many of the working group’s proposed amendments to the committee’s constitution.

Objects: this was a choice between ‘advising’ or ‘supporting’ the board in the discharge of its functions. We said that ‘advice’ was more appropriate, as ‘support’ implied complacent agreement. The chairman said that support was reinforcement, whereas advice was caution, urging and informing. We took the view that this underlined the appropriateness of the committee’s role in giving advice and not support. Two other members spoke advocating ‘advice and assistance’, and another said that advice underpinned the principle of consultation. Another spoke in favour of support.

The working group had also advocated consultation to include the remit of ‘appearance and biodiversity’ to reflect the full range of interests in the downs. The chairman noted that the board had a duty to promote biodiversity, and that the chairman had herself proposed the inclusion of a representative of biodiversity interests on the committee. Yet the inclusion of the additional words was not agreed, although quite how the balance of opinion stood within the committee was unclear.

Membership: the proposal was to broaden the membership to include the residents’ associations, but the chief solicitor said that the intention was to embrace the user groups rather than residents’ associations, and expressed concern that some residents’ associations were registered as political parties. We responded that the committee had freedom of manoeuvre to constitute the committee as the committee thought fit. The cycling representative commented on not wishing to be one of the few users groups ‘left outside the gates’ if the residents’ associations were admitted. The chief solicitor and the chairman thought that it would be legitimate for the cyclists to be members. One member supported the working group recommendation. On the membership of the Model Aircraft Club and the Lower Mole Countryside Management Project, it was explained that the working group’s intention was to have wider representation without embracing excessive membership, and to include those who were affected by use of the downs rather than having specific and localised interests who made use of the downs. We said that the membership of the committee was an all or nothing argument: either all users should be represented (including for example dog walkers and kite flyers), or only the minimum (i.e. the hack riders). And we also counselled against membership for the Lower Mole Countryside Management Project, as it had a direct access to the board in an officer role. It was agreed to add representation for cyclists and model aircraft flyers, with no firm view on the representation of residents’ associations, and exclusion of the LMCMP.

Persons in attendance: the working group proposed to enable the committee to invite persons to attend via the office of the chairman, rather than to leave this power at the discretion of the chairman. One member said the committee ought to have the power to make such decisions, but the chairman felt that the chairman would in any case reflect the views of the committee. It was agreed not to change the wording. In view of positions previously adopted, it was noted that it might be necessary to retain the representation of the residents’ associations as persons attending

Representation of matters on behalf of committee: the chief solicitor spoke against a proposal to enable the committee to represent an item direct to the board, saying that it went beyond the scope of the committee and encroached on the board’s remit. The chairman said that this power was unnecessary, because it already happened. We said that the proposal sensibly codified existing practice. Two members spoke in support of the proposal.

Special meetings: we had asked for a power for members to requisition special meetings. The chief solicitor described this as having meetings ‘willy nilly’; we said that a suitable quorum (on which calculation we were flexible) would prevent meetings being held without due cause; we referred to the notorious proposal for a concern on the Hill, several years ago, as an example of momentous business which was apparently conceived and disposed of by the board between meetings of the consultative committee. Three members spoke in support, one suggesting a higher quorum. This was recorded as not unanimous, but no-one spoke against.

It was agreed that the working group should be able to attend the relevant board meeting to explain its thinking.

(Ed: the chairman’s system for assessing the view of the committee on each proposal, so that it could be reported to the board, was hard to understand. There was lamentably little engagement by other non-working group members of the committee on many of the proposals, and typically, a small number of members expressed views for or against individual proposals, so that there might be, say, two members for and one against. However, the consensual view of the four working group members (who it might be taken were supportive of the working group proposals) were not weighed in the balance, and the chairman was assiduous in avoiding a vote — but while perhaps understandable as consistent with usual practice in the committee, a few votes might both have woken up a few reticent members, and indicated the true disposition of feeling. As it was, several worthwhile proposals were conceded for lack of support (or indeed, opposition), and none was wholeheartedly endorsed (or opposed) by the committee. Yet the constitution ought to be a matter primarily decided by the committee itself, and sufficient to generate some lively debate. One is minded to ask whether today’s desultory performance reflects on the committee, the chairman, or the working group and its recommendations?)

TGMB: had met on Tuesday 15 October, and the only item to report was confirmation that there was no change in its view on use of the hatched area.

Saddling boxes: the permanent saddling boxes secured planning consent in September, and construction work will commence on 28 October, due to be complete by February.

Equestrian crossing opposite the entrance to Queen’s Stand: there had been some refurbishment work, but the width of the crossing was judged insufficient. There might be some s.106 funding available for works.

Code of conduct signs: the new signs should be delivered on 28 October, but will then need to be installed.

Walton Road: racecourse still working with Surrey Highways, but some issues need to be addressed internally by the racecourse.

Drainage works on roundabouts: there were delays to the works at Buckles Gap owing to concluding the legal process involving the golf club. A geotechnical investigation had been concluded at the Grand Stand Road roundabout, and works estimated to cost £56,000 were likely to be carried out this year. However, conservators’ consent would be required to works on the adjacent downs: it was agreed to assign authority to the clerk, chairman and ward councillor.

Downs House: sale was progressing well.

Tour of Britain cycle race: was said to be successful, with much prior work with the racecourse and others. Sportives (events taking place on the highway) were becoming more commonplace, but did not need permission. Up to 2–3,000 people could be involved, but there was no regulation, and not necessarily a governing sports body in control. [Ed: there appeared to have been a recent event which had attracted up to 2,000 cyclists and had caused ill feeling in local communities as well as among downs users.] The public assumed that the events were formally sanctioned. It was proposed to establish a working party to look at events which were using the facilities (particularly car parks) or highways, although it was accepted that they could not necessarily be halted: this proposal was agreed. Surrey was consulting on a new event strategy, which might involve lobbying to introduce laws to regulate sportives. One member suggested closing the car parks (this would require advance awareness of the event). Another event was expected in November.

Hack sand track: a meeting had been requested with the Horse Racing Levy Board to assess responsibility for maintenance and reinstatement, but it had been slow to respond.

Mid-year budget monitoring report: current year expenditure of £371,000 was compared to a budget of £343,000, but the excess was mainly accounted for by the contribution to the replacement of the downskeepers’ hut. There had been some additional expenditure on maintenance of the toilet block. A question was asked about the rise in the electricity bill by £100. It was confirmed the budget of £6,000 for the Derby gypsy site did not include proposals for toilet provision lower down the agenda. The board was asked to identify the main issues that should be addressed in the budget report in January 2014: there weren’t any. It was agreed that an assumption of a precept increase of 2% should be adopted for the purposes of planning next year’s budget.

Head downskeeper’s report: meetings with the hack riders and trainers were reported and welcomed. A proposal to acquire a defibrillator was approved.

Conflicts: it was reported that ‘the Head Downskeeper and the Downs Manager have successfully dealt with couple of recent incidents between user groups, which if not resolved, had the potential to cause serious health & safety concerns’ One related to a traveller driving a pony and trap at speed across the downs, affecting a hack rider’s horse: the person responsible had given an undertaking not to repeat, although there had been a further sighting. The other related to a jogger who had inconvenienced the trainers on several occasions: the police had spoken to him, although it was said that he hadn’t broken any byelaws. The trainerss representative said that incidents were on the rise because of the board’s inability to enforce byelaws: he thought that the jogger had breached the byelaws, because he had interfered with the trainers’ operations. He also commented that the trainers were not ‘user groups’: under the Act, he took the view that no member of the public could interfere with the training of racehorses. The chairman said that trainers had priority on the downs. The deputy clerk said that the terms of the Act would be reviewed to see how it applied to these situations. One member made a [Ed: predictable] call for more signage. Officers reported difficulty in enforcing byelaws on the public rights of way across the downs, quite apart from the general difficulty of obtaining names and addresses.

Winter work programme: a programme of work was circulated in hard copy.

New downskeepers’ hut: work continued but had been delayed. Estimated completion before Christmas, but certainly well overdue.

Proposed events on the downs: proposals for four events were considered: Downs Young Athletes Cross Country League (3 November, 1 December 2013, 23 February and 9 March 2014); Sunbeam MCC Pioneer Run (13 April 2014); North Cheam Baptist Church Easter Service (20 April 2014); Cancer Research UK Race For Life (29 June 2014). One member launched into a broadside against the Race for Life, summarising that ‘enough’s enough’. The trainers’ representative thought that the downs had reached saturation point, and had the same concerns about the Race for Life as the Tour of Britain cycling event. It was not just about the impact of the event itself, but its effect in drawing people back to the downs subsequently; the downs should be primarily for local people. The deputy clerk said that the proposal could be rejected if it did not comply with the downs’ policy, but that if the policy was faulty, that should be reviewed; the Race for Life was a category D event which should be considered on merits. Officers said that the Race for Life organisers claimed that many local people took part in the event. There was a similar event in Guildford. The racecourse said that the golf club was content if the course was not used for parking. The same member noted that the events were all being staged on Sunday mornings, and there should be a willingness to demand later times to avoid conflict with trainers: the trainers’ representative supported a later start, after 10:00. He asked for a review of the policy to address timing issues: a loose horse could easily lead to accidents. The first three events were approved, but with the first not to set up before 10:00. Discussion continued on the Race for Life. Officers explained that car parking was stewarded and could be arranged to avoid impact on the golf club. The organisers were keen to mitigate and minimise disruption, and were sensitive to trainers’ needs. The chairman commented that the participants were not necessarily so sensitive. The member asked how much damage was caused? The racecourse said that damage would occur, and be more severe if wet, but admitted that 120,000 people would congregate on the downs for the Derby earlier in the month [Ed: refreshing honesty not previously admitted in this context]. The trainers’ representative said that changing the hours did not help: it was a closed day for the trainers, and local people could not get around. They were supportive of the cause, but not the event. The member proposed a motion to refuse the event on grounds of disturbance to trainers and local people: however, no other members supported her, although the trainers’ representative said he sympathised with her view. [Ed: although the member was apparently isolated in a vote, it must be added that no-one actively argued to the contrary: so it was far from clear what the rest of the board thought.] The event was therefore approved. It was suggested that a brief should be prepared which the organisers could send to participants: officers agreed to discuss with the organisers.

Downs tour notes: it was noted that the TGMB didn’t currently have the funds to extend the poly track as planned.

Consultative committee: the chairman asked if the board had any issues they wished to raise on the minutes of the consultative committee. A meeting had taken place on the constitution, which would be referred back to the consultative committee before returning to the board. The chairman hoped the board would agree that they valued the work of the consultative committee even though not many comments were made: there were some murmurs of agreement, though no-one said anything further.

Metal detecting fees and charges: the board agree to the increased charge of £35 for an annual metal detecting licence. The deputy chairman asked whether the present 20 licences should be increased in number. There was demand for at least 30 licences. Officers explained that the number had been capped because of latent demand. One member suggested 50 licences. It was agreed to raise the number of licences to 35 [Ed: but without any discussion of impact on other downs users] with a review next year.

Temporary toilet facilities on the Gypsy Site during the Derby period: a proposal was advanced for this purpose, but with concern about costs if the equipment was returned damaged (an estimate of £7,500 was given). The chairman asked whether the racecourse should pay for the facilities, but it was observed that the board approved the existence of the gypsy site each year. The proposal was declined, but it was agreed that those using the site should be required to bring their own facilities [Ed: it wasn’t clear how this requirement would be enforced: will arriving gypsy families be challenged to bring out their portable conveniences for inspection?].

Grandstand Roundabout: results of a geotechnical investigation awaited, but likely recommendation is a big new soakaway to enhance existing capacity. Detailed design would be completed shortly afterwards, but implementation will depend on financial provision in this year. The soakaway would be in close proximity to the roundabout, but details would await the design.

Buckles Gap roundabout: legal documents have been delayed as it was decided the golf club needed to join in the agreement. Again, a start would depend on financial resources, although it seemed likely to go ahead this financial year.

Byelaws: the new byelaw to control cycling had finally been confirmed by DCLG, and would come into force on 24 October 2013. The three new code of conduct signs were now in production.

Hack sand track: a representative of the Horse Race Levy Board was due to visit to discuss the board’s responsibility for maintenance of the sand track [said to arise from an undertaking given to the Parliamentary Bill Committee].

Ownership of the downs: the secretariat was asked to pursue the racecourse about the undertaking to ensure registration of title to the downs at the Land Registry, as to which a commitment had been given at the previous meeting.

Fencing approval form: It was announced that the fencing approval form had not been used this year in connection with the racecourse’s request for an extended fencing season, as it would not have provided any further information than contained in officers’ report.

Walton Road: the Racecourse said they had not progressed this issue and would not until the close of the racing season. The chairman said that she preferred the matter to be resolved by the racecourse with the county council, rather than in discussion between the parties and the hack riders’ representatives [Ed: in other words, a very clear rejection of the possibility of negotiating a compromise]. The secretariat would write to the racecourse about the delay.

Constitution: the clerk said that the working group’s proposals on amendments to the constitution had been considered by her and the chairman, but it was proposed to now meet to discuss further, and it was agreed to do so. The chairman firmly resisted a discussion on the proposals.

Dates of next meeting: 17 March and 29 September 2014.

The meeting closed before 1830, a record in brevity.

Arrived half an hour late owing to having absent-mindedly caught the wrong train at Vauxhall, ending up catching a 418 from Surbiton. Didn’t seem to miss much: I’m told that the board was informed that discussions continue between the racecourse and the highways authority on Walton Road, and no news on the hack sand track.

Final accounts: recommendations on the accounts approved without discussion.

Downskeeper’s hut: this had been damaged during set-up for the Derby, but it was hoped to keep the hut going until replacement in September.

Issues arising from Derby meeting: the chairman said the downs looked ‘remarkably clean’ the next day. Another member commented on the report on broken glass. The contractor, CSP, had been slow to respond initially on this, but once problems had been identified, had got on with the job. The Derby meeting had been quieter than in 2012 (the racecourse had announced 120,000), although paid attendances were about the same. Part of the Lonsdale area had been unusable following rain earlier in the week. One member said the appearance of the marquees on the Tattenham Straight was aesthetically improved following the flattening works.

Saddling boxes: the racecourse had sought approval for permanent saddling boxes north of the Queen’s Stand (even if granted, 1984 Act consent and planning permission would still be needed from the Council). At present, the racecourse erects temporary boxes for the racing season, which are near the end of their life, and unsightly, and not favoured by trainers. Work would be done in time for the 2014 season if permission were given. The new boxes would be no taller than the present temporary boxes. Rules required that one-quarter of the boxes should be equipped with doors. A member described the finish facing the road as ‘horrible’, and asked about the render finish, suggesting that it should be natural timber. The chairman asked whether anyone was supporting that member, but it appeared not. The chairman said that the details of the finish could be discussed later, although it seemed that she had the planning committee in mind. The racecourse agreed to review the question of the finish, and the proposal was recommended to the council under the 1984 Act.

Round the Borough walk: permission had been sought for this event on the downs to take place on 7 September, which was agreed. A late application had been made for a sponsored treasure hunt on behalf of the Riding for the Disabled Association: the RDA had been unaware of the new procedures. This was also agreed.

And that was it. Finished at around 1900: except that the meeting continued with the public excluded (I almost said ‘press and public’, but it’s a long time since the press can have attended these meetings) to discuss encroachments along Rosebery Road in Langley Vale.

Downs House: the clerk said the council’s strategy and resources committee had appointed Bidwells as the agent to market the house, on the basis of freehold or leasehold disposal, but with a strong preference for retention for horse racing. Marketing will be launched at the Derby festival.

Walton Road: no arrangements had yet been decided, and two options were being reviewed by the racecourse.

Flooding at roundabouts: the county council was currently preparing a legal agreement for the works to alleviate flooding at the roundabout at Buckles Gap. Investigation into a remedial design for flooding at the grandstand roundabout was expected to be concluded soon, but uncertainty as to whether the work could be funded in the present financial year.

Tour of Britain cycle race: the downs will host the start of the race on 21 September, notwithstanding the objections of the trainers. A working group will be established to help organise the event, and to co-ordinate its promotion.

Training Grounds Management Board: met on 18 February, attended by Nick Healey from the county council to discuss highways issues including the equestrian traffic lights on Ashley Road.

Management of the downs: meetings had taken place involving all the downs managers, including the golf course and the council officers, and more effective arrangements had been agreed to be incorporated into the management plan.

Downskeepers’ hut: a revised proposal, for rebuilding the downskeepers’ hut, at less cost than the earlier proposal for a portable cabin, was approved, at a cost of £86,000, of which £30,000 would be met from the precept on the council and £21,000 from the conservators’ funds. It was hoped to begin construction after the Derby, in time for the winter. The Treasurer proposed that there should be a legal agreement, as the building would be on racecourse land. [Regrettably, the new building, although slightly larger than the present, will have no improved facilities for visitor reception.]

Events: five events were approved for the year ahead: Welsh South East Combine Pigeon Liberation (18 May, 17 and 24 August 2013, The Omni Terrier Derby (25 August 2013), Epsom College Cross Country Event (21 November 2013), Tadworth Athletic Club ‘Tadworth 10’ (5 January 2014), Rotary Club of Banstead Sponsored Walk (11 May 2014). One member expressed concern about the ‘destruction of our downs’ promoted by events involving up to 700 participants [Ed: unaccountably, this member had nothing to say about the decision to host the Tour of Britain cycle race, which will attract thousands. And equally unaccountably, the conservators are for the first time attempting to extract £900 in fees from the various event organisers, without any legal basis for charging.] Questions were asked about the Race for Life (30 June 2013), which was not before the board. It was explained that the event had already been authorised, but the organisers were aware of reservations regarding approval for 2014.

Chairman’s report: the chairman introduced the report for the 2012–13 year. Mention was also made of the unveiling of the memorial on the downs, earlier in the day, to Emily Davison.

Racing season: agreement was given to consent under the Byelaws to bring forward the start of the fencing period for the Upper Tattenham Enclosure for the Derby festival to 7 May 2013. The racecourse wanted to start as early as possible. Access will continue to be allowed to these areas: in particular, an entrance and exit to the Lonsdale enclosure. The racecourse also wanted to keep the fencing around the Lonsdale enclosure throughout the summer. This was on the basis that fencing on the downs is unlawful under the byelaws, unless authorised under the 1984 Act. Consent would save the racecourse time and money. It was explained that the Lonsdale fencing could be done in a weekend, the Upper Tattenham enclosure fencing in around four to five days. One member pointed out that the fencing was ugly, and continuously present during the summer: agreement each year meant it became the norm. Another questioned whether the extension for the Upper Tattenham enclosure was required because of the works: it wasn’t. Officers said that the fencing did not cause any operational difficulties, but that the Lonsdale enclosure was a hack area, and the opening should be sufficient to allow access to hack riders. A member proposed that one of the extensions for the Upper Tattenham enclosure should be pared back to allow a further unenclosed weekend, so that fencing would be allowed from the 13 May vice 7 May. [Ed: Unexpected engagement from council members on the applications. But consent under the byelaws sidesteps the constraint that the 1984 Act doesn’t provide for fencing of the Upper Tattenham Enclosure to be brought forward or for the Lonsdale Enclosure to be retained: the fact that any question of an offence under the byelaws has been swept aside does not render lawful the fencing itself: it still lacks authority under the Act, which is exceptionally prescriptive as to what the racecourse may or may not do.]

Proposed fencing on 3rd tee of golf course: there was some discussion over whether a low fence was necessary, and a hedge would not be a sufficient alternative. There was concern over the lack of discipline among course members. The golf course’s proposal was described as a crude solution, and the club was asked to consider alternatives, which might include temporary fencing to protect a young hedge.

Epsom and Walton Downs Consultative Committee: the minutes of the meeting of the consultative committee held on 18 March 2013 were considered. [Ed: the board took precisely 25 seconds to consider the minutes.]

Code of conduct signs: a near final draft of the signs was displayed to the board, and it was proposed to place an order once the byelaws had been approved. It was approved with a minor adjustment, but the chairman discouraged further discussion, as it had already been considered a number of times.

Hack sand track: this item was taken after the exclusion of the public.

Date of downs tour: 30 July at 1430.

Opening stuff: Simon Durrant, the new general manager of the racecourse, had been appointed as the racecourse representative [Ed: as usual, the board went through the charade of approving his appointment, but the appointment is a matter for the racecourse, not the board].

Flattening works: the works had been delayed owing to bad weather, and the contractors would not be complete until March. The fencing would therefore remain in place. [Ed: No-one mentioned an extension of authorisation for the fencing.]

Cycling byelaw: awaited confirmation by DCLG, with consequential delay to code of conduct notice boards.

Downs House: the clerk said that the council had sought agents to advise it on a disposal, and an internal meeting would take place next week to make a selection of an agent for that purpose.

TGMB: had met in mid-December, and had confirmed its position on the hatched area [Ed: board members fell off their chairs at this point].

Downskeepers’ hut: a report had been circulated with options for refurbishment, or replacement with a portable building. Two conservators criticised the cost of demolition, and three the appearance of the proposed portable building, calling for a new build replacement, but didn’t have any suggestions for how it might be funded (apart from ‘sponsorship’). The council’s leisure committee had limited the council’s contribution to £30k. It was agreed to look at alternatives to refurbishment at lower cost and better appearance, and if necessary to revert to the leisure committee. [Ed: the board has been here before, and concluded it couldn’t afford a new building. Will it be any different next time, in the present economic climate? The racecourse representative said as much. No doubt the downskeepers will despair that a decision has now been postponed at least another three months, while the rain seeps in and the heating is failing.]

Prince’s Stand: The racecourse said that the purpose of the paper was merely to set out the broad intention, seeking a decision in principle. The chairman said crossly that she thought a decision should be deferred, as there was insufficient information to inform a decision, and this was agreed. [Ed: I’m not clear however what the use of the Prince’s Stand has got to do with the board, as opposed to the council’s planning committee. The racecourse plays an odd game of keeping the board sweet on matters where the board has no statutory role — and then skirting the requirement of the 1984 Act.]

Budget 2013–14: the board was invited to approve expenditure levels for the next financial year. The council treasurer (who doubles up as the treasurer to the conservators) introduced the report. Several questions about staff followed, but the recommendations were agreed without any substantive debate.

Walton Road: the consultative committee had authorised us to appear before the board to make representations on carriage driving on Walton Road. We said that Walton Road was and is the shortest route between Epsom and Walton-on-the-Hill. It’s a public road, just like any other. Some older residents of the borough remember driving this way. But since 1978, it has been subject to a TRO. The TRO restricts, on non-race days, motor vehicular traffic between the Rubbing House and the bottom of Ebbisham Lane. The TRO does not restrict any other traffic: cyclists, horse riders or horse drawn vehicles. Recreational carriage drivers, in common with other recreational users, are looking for quiet, preferably traffic free, routes in the countryside suitable for driving horse drawn vehicles. Walton Road and Ebbisham Lane are ideal for this purpose, particularly as there is room to park and turn at the Rubbing House. But there are obstructions along the course of Walton Road which do restrict those users, and particular users of horse drawn vehicles. Those obstructions are:

• locked barrier at the Ebbisham Lane car park
• the barrier at the Mac Track crossing
• projecting barriers in Warren Woodland
• the barrier at the fibresand crossing
• the post at the crossing of the back of the racecourse
• the locked barrier below the Rubbing House

Any of these obstructions, when they are in place, prevent lawful use of Walton Road, as a public highway, by horse drawn vehicles. They should not be there: it is a criminal offence to obstruct the highway. The board must ask itself: why are they there? Were they placed there by another body, in which case, did the board unlawfully give its approval? Or did the board’s own staff put them there, in which case, it has itself acted unlawfully? Either way, the board should recognise the illegality of what has been done, and address it. If the board choses to take no action, it condones illegality on land which the board itself controls. The board cannot chose to condemn the illegal actions of others — whether dog walkers who do not control their dogs in the vicinity of horses in training, hack riders who ride on the training areas, or residents who extent their garden fence onto the downs — but overlook illegality under its own responsibility. If it does, it sends a clear signal to downs users — that the board does not consider itself bound by the very rules it seeks to enforce.

We therefore called on the board to take steps to remove these obstructions, while ensuring that the restriction of motor vehicular traffic is maintained. If neither the board, nor the highway authority, takes action, we said we will apply to have Walton Road recorded on the definitive map and statement as a byway open to all traffic (BOAT). This will enable us to serve notice on the highway authority under section 130A of the Highways Act 1980, to remove the obstructions. We said that the board might also consider that recording Walton Road as a BOAT would increase cyclists’ use of Walton Road across Six Mile Hill training area, and attract use by so called ‘off road’ motor cyclists, which could be difficult to deter.

For the first time in many years, the board had secured attendance by the highways authority, whose representative said he approached the issue primarily as an engineering issue, and he was not a legal expert. He said that his comments should not be taken as legal advice, but from an experienced highways officer. He said the BHS view was in his opinion correct. That the way was in disrepair did not change its status. There was no evidence of the TRO on site, and it was therefore unenforceable. It was possible to enforce a TRO with barriers [Ed: i.e. barriers erected by the highways authority: not by anyone else], but where the TRO did not apply universally, then the exemptions should be catered for within whatever arrangements were put in place. If the TRO did not apply to horse drawn vehicles, then the BHS view was correct, and the obstructions should be removed. This raised the question why the obstructions had been installed: did whoever installed them not fully appreciate the legal position? There was a tension in this context, as there were competing ambitions for the route. The highways representative had noted the priority given by the board to the racehorse training community, and he accepted that improving access for other users would not sit comfortably with the board’s own ambitions [Ed: sharp officer, this chap, but not exactly consistent with the board’s duties.]. One option was to modify or amend the TRO; another was to achieve a stopping-up. But the latter was likely to be contended, and it would be difficult to satisfy the legal conditions. He asked what outcome was sought, and how to achieve it? From the information available, the highway authority could be put under pressure to discover who had placed the obstructions, and how they could be removed.

The council’s legal director was asked to respond, and said that it was not the board who had placed the barriers: it was a matter for the highway authority to resolve with the landowner, or whoever had placed the obstructions. The racecourse expressed interest in a device [Ed: a Kent carriage gap.] which could exclude motor vehicles, but admit horse drawn carriages. The highways representative said that any exemption for access in the TRO could pose difficulties in terms of those who might wish to access the downs for recreation in their car. It was also difficult to exclude motor vehicles while admitting horse drawn carriages, because motor cyclists particularly could get round any restrictions [Ed: which of course, they can now, though surprisingly don’t, at least to my knowledge].

The chairman said that it was the highways authority’s responsibility to address the matter. The signage should be dealt with; the authority should then respond with proposals which were acceptable to all concerned, with a report to the board. The highway representative said [Ed: presumably embarrassed at the proposal that the highways authority should prepare a report for anyone other than a committee of the county council, still less for a body which had acquiesced in the obstructions] that it was a matter between the authority and the landowner or other person responsible for the obstruction: the board did not have a role.

The council’s legal director asked about the width of Walton Road: the answer was that there was no defined width, but highway boundary plans might show sufficient information to provide an answer. He added that it was clear that there were key stakeholders, and the authority would not wish to proceed without consulting stakeholders, including the board and the BHS. However, it might not be able to satisfy all aspirations. The board was nonetheless invited to say what it wanted to achieve, and to indicate a sense of priority.

The clerk was now asked to respond, who said that the board was guided by the Act, but reiterated that the board did not have any specific role in the matter. Her advice was that the board should not seek, and could not seek, to enforce. The chairman noted that the conservators had not received any complaints about carriage driving, and therefore saw no urgency [Ed: untrue, as my own records show representations to the clerk as long ago as 2004.]. The trainers’ representative said that the current obstructions contributed to the safety of downs users, and their immediate withdrawal would give great cause for concern.

The highways representative said that it was not the authority’s intention to ‘throw the book’ at anyone, and noted that no representations had been received. The matter could be taken sensitively and carefully. Local opinion would be canvassed. No estimate could be given of the timescale. Priorities would be determined by the county council local committee. It was difficult to know how people would respond to consultation.

The racecourse asked about the process to extend the TRO to include horse drawn vehicles. The highways representative said approval would be needed from the local committee. An amendment would be advertised for representations, which would then be considered by the local committee. The committee could nonetheless overrule objections, as there was unlikely to be a statutory impediment. The chairman now said that this seemed a sensible way forward [Ed: I thought the board had said it had no role in the matter?], and the matter should be brought before the local committee. The highways representative asked the board to confirm whether horse drawn vehicles should be included in the prohibition: which the chairman did. The board was asked to write to the local committee to that effect, which would enable it to determine priorities and officers to consult. The chairman alternatively thought that the racecourse could ask for action. The racecourse representative [Ed: having been tossed the poisoned chalice, and with one eye to the local publicity] was hesitant to commit to taking this course.

Asked about recording Walton Road as a BOAT, the highways representative said he could not comment.

The clerk said the matter had been kicked around for some while. She agreed it appeared to be legally obstructed, but driving in contravention of the TRO was unenforceable owing to poor signage. An approach to the local committee around the exclusion of horse drawn vehicles would ‘flush out’ the issues. The trainers’ representative said he had no issues with horse drawn carriages on the downs, and appeared to say he had seen many such carriages on the downs [Ed: this may have been an ironic allusion to the gypsy buggies which tended to turn up on past Horseman’s Sundays], but the impact of opening the road without restrictions was that there would be dire health and safety implications. The board would then be obliged to provide fencing and protection. The barriers were there to prevent people from getting hurt. [Ed: it wasn’t entirely clear, but he appeared to mean that, if the barriers either side of the training gallops were withdrawn to facilitate passage by carriages, there would be a greater risk of accidents between horses in training and downs users.]

The highways representative said that, if there was a demand for a facility for horse drawn carriages, could that be provided without impinging on the racecourse? The trainers’ representative felt unable to comment.

It was concluded that the racecourse would decide whether to make an approach to the local committee. There appeared to be no specific decision that the board would act if the racecourse did not.

Surface of Walton Road: it was reported that the surface south of the Rubbing House had been attended to repair potholes, but remained in a poor state. The highways representative agreed to make a further inspection.

Equestrian crossing at Queen’s Stand: there had been a number of episodes of the red lights being jumped. Some limited policing had had no effect [Ed: it turned out this involved a police vehicle parked at the lights. How pointless!]. The highways representative said that the Government had put in place strict criteria to install new cameras, and although these had been relaxed, they had been retained by the highway authority. The worst sites were prioritised by casualties, and there had been insufficient in Ashley Road to justify a camera. The situation was difficult: drivers tended to push at the boundaries when it suited them, and were more likely to chance it when there was no-one obviously on the crossing. The position was particularly acute at the equestrian crossings, because they could be activated well in advance of the horses’ arrival at the crossing. The trainers’ representative said he crossed many times a day, and endorsed what had been said. A speed limit and traffic calming would help. The incidents happened almost entirely during the morning rush hour, during term time. The highways representative suggested that it might help if someone on foot was standing at the crossing showing an intention to use it, but the trainers’ representative thought he could not provide anyone for that purpose. It was unlikely that the appropriate speed would be assessed as lower than the present limit of 40mph, and if the limit were nonetheless lowered, it might require significant road works to support enforcement. However, the cabinet member had discretion to depart from policy. In short, it seemed, nothing could be done.

Flooding on roundabout outside the grand stand: the highways representative said that the soakaways had been cleared out, but this had made little difference. If the soakaways were defective, then a remedy could be very costly. It was now practice to fully check the connections on a visit. Instructions had been given to remove sludge from the soakaway, but steps would be taken to ensure that the instructions had been complied with by the contractor.

Tour of Britain cycle race: the start would take place on a Saturday. The trainers’ representative said it would cause chaos and they would not be able to train on that day. The downs were already under pressure. The racecourse supported those concerns. It was suggested that the event might be lost from Epsom if it could not be hosted on the downs. [Ed: after some discussion, with a couple of council board members expressing their own concern, it looked like the proposal would be thrown out, especially when the chairman resolved to take a vote, but then some other council board members spoke up in favour (actually, I think one adopted a position entirely contrary to what she had previously said), supporting the event on economic grounds.] A vote was taken on the recommendations: 6 in favour and 3 against.

Report from consultative committee: although we had expressed concern in the consultative committee on the minutes of the previous board, which had been admitted to be wrong in the consultative committee, nothing was said by the chairman, and the items were ‘brought to the attention’ of the board in one minute, with no discussion. [Ed: a perfect illustration of how the consultative committee is utterly ineffective in influencing the board.]

Pathways on golf course: new paths were approved on the 8th and 16th holes.

We were then asked to leave for a confidential agenda item on the hack sand track.

Good turn-out, with apologies from Simon Dow and Nick Harrison.

Minutes: an objection was made that the disquiet expressed by Epsom Civic Society at the previous meeting with the code of conduct notice boards was not recorded.

Flattening of Tattenham Straight: these works were well underway. We asked about the enclosure of the area between the Lonsdale Stand and the subway: why was the whole area closed off? It was hoped to remove the fencing as soon as possible, once the reseeding had shown to have taken. The whole area was fenced off because it was a pragmatic continuation of racing fencing arrangements (Ed: in other words, it was cheaper, even though it means unnecessarily closing off part of the downs for months. Funny how that wasn’t mentioned in the fencing approval request).

Tarred surface to Walton Road: we asked which downs users groups were recorded as showing ‘general satisfaction’ with the tarred surface to Walton Road, the assertion having been made at the recent board meeting, while the hack riders’ dissatisfaction was not recorded. The racecourse explained that it had intended to refer to the trainers’ support. Our request for a correction to the board minutes to be suggested to the next board meeting was frostily ‘noted’. The chairman said that various downs users had expressed enthusiasm during the board’s downs tour (Ed: we weren’t invited, so we can’t dispute that: no doubt many hack riders come to the downs for the excellent network of tarred roads.)

Cycling byelaw: the byelaw has not been confirmed by the Secretary of State, but will now be submitted for formal approval. The code of conduct signs will contain a map with the authorised routes; there is also a map on the website.

Code of conduct signs and byelaw signs: it was asked when the byelaw signs would be replaced, in view of the expected confirmation of the new byelaw. An audit had been completed of the signs on the downs, which had noted 147 of various kinds. Once the byelaw was confirmed, the other signs would be ‘looked at’. The board would need to look at the style of the byelaw boards, but not the content, which would be largely unchanged. However, it was observed that progress could have been made on this sooner, and that the byelaws could not be enforced under the Act, and by the downskeepers, without up-to-date notices.

Control of rabbit population: we asked what had been done since the last meeting to consider rabbit control on the hatched area. Officers had not yet looked at it.

Gardens backing on to the downs: this related to letters sent to residents of Rosebery Road, some of whom had been mowing the land outside their gardens, and in some cases, encroaching onto it. We suggested that owners should not be discouraged from maintaining the land outside their gardens, as this was hack area, and maintenance by adjoining owners was better than none by the board or racecourse. We also asked what was being done to address encroachment? Officers would look to see what further scrub could be removed, and planned to preserve existing areas of grassland. The racecourse would check that it had registered title to the land.

Winter work programme: we welcomed the ambitious winter work programme to cut back rides, and nominated another, at the top of Longdown Lane South and Burgh Heath Road, where visibility for horse riders heading uphill across the road was very poor.

Constitution of the Consultative Committee: we put forward proposals for reform, including circulating papers going to the board to consultative committee fifteen days in advance of the board meeting, with the board papers incorporating any comments made, and circulating draft minutes of the consultative committee to the committee by email for comment, before they were given to the board. Needless to say, the first proposal met with a firm rebuff from the clerk, who did not wish officers to prepare papers any earlier, whether for circulation by email or for prior consultative committee meetings. (Ed: in other words, anything but consulting the consultative committee, which should remain politely obedient until called upon to speak, occasionally.) A more formal membership of the committee was proposed, but referred for further discussion and prospective agreement by four of us.

Walton Road, use by carriage drivers: a tense discussion in which no-one from the racecourse, the downskeeepers nor the conservators admitted to knowing who was responsible for erecting the barriers along Walton Road, the clerk said that the conservators had no locus to require the removal of the barriers (Ed: so it looks like this is about the only thing which the clerk says the conservators don’t have any power to do, whereas the clerk conjures powers to do anything else, such as charging for events or closing the Hill for 14 days for concerts, out of thin air. Odd that.), and the chairman wrung her hands. It was more or less admitted that the barriers were illegal — but the board wasn’t willing to do anything about it, and we’d have to raise it with Surrey Highways (Ed: which of course isn’t resourced to do anything, anywhere, at any time). We said the alternative was for us to apply to record Walton Road as a byway open to all traffic (which would mean the Road would be shown on Ordnance Survey maps as a public right of way apparently open to motor traffic, promoting use by motor cyclists), which would then enable us to serve notice under section 130A of the Highways Act 1980 to require the removal of the illegal obstructions. We asked, and it was agreed, to present on the alternatives to the next board meeting.

Hack sand track: a report was said to be under preparation for the next board meeting.

Charging for events: we asked about how the conservators purported to be able to charge for events on the downs. The clerk noted that there was no power in the Act to charge for events, but nor was there any prohibition. (Ed: this extraordinary view, that the board as a statutory body could assume powers to charge where none exists in the statute, is the basis of the charging policy. So if you’re planning a large event on the downs, you might like to see your lawyers first.)

Golf club proposal: we noted that the proposed surfaced path would potentially encroach on the hack ride at Longdown Lane South, and were assured it would not: the full width of the track would remain available at the junction with Burgh Heath Road.

Hack ride on south side of Downs House enclosure: officers agreed to look again at the encroachment, which, along with barriers placed on the grass adjacent to the track, means that the full width of 12m has been reduced to about 2m.

Marking of hack rides: agreed to meet with officers and downskeepers to discuss marking strategy.

Dog worrying: a member suggested putting notices about dog control on the downs at local vets, dog parlours and other places where dog owners congregate. It was agreed to put this to the next board meeting.

Next meeting: to be agreed by email, probably in early April.

This was one of the longest agenda for a board meeting which I can recall, with a tally of 19 items, but the board cantered through them in only an hour and a quarter. Rupert Trevelyan had been appointed regional director for the Surrey group of racecourse, so his future role as representative of the racecourse was uncertain.

Walton Road carriage driving: there was a new highways manager Nick Healey. Surrey said they were happy with the current arrangements, and had no plans to make any changes, but they were happy to consider any representations, and to attend the next meeting of the conservators to discuss highways. [We didn’t ask whether the council was ‘happy with the current arrangements’: we asked why carriage drivers were illegally excluded from using Walton Road. ‘Happiness’ is not a relevant consideration. No answer to that. Ed] The council was also thought to have tackled some pot-holes at the Rubbing House, but there was concern that conditions demanded further work.

Epsom Downs Racecourse Flattening Works: the Lonsdale stand had been demolished. Chalk was being supplied from a quarry in Kent.

Downskeepers’ Hut: a capital bid was being considered and would be brought to the board in January.

Epsom Golf Course Habitat Management Plan management responsibilities: there had been a productive meeting with the golf course and a realistic schedule of responsibilities had been drawn up.

Tarred surface of Walton Road: the TGMB apologised for the ‘honest mistake’ which meant that no permission had been obtained for the surfacing works on Six Mile Hill, but such permission was now sought. The current arrangements were considered the safest ever. Any extension further downhill was in abeyance until the board’s views had been established, and would require planning permission: no decision had been taken by the TGMB. The chairman, reading from a prepared ‘slap wrists’ statement, said that the board must be asked for approval for any fencing outside that allowed by the Act, noting that the chairman and clerk were prepared to act quickly where necessary, as they had done in respect of the Londsdale enclosure. Unauthorised fencing meant the board looked ineffectual and sapped confidence in it. A discussion on the merits of the surfacing followed. One member described it as effective, particularly as users were keeping to the surfaced road. The surfacing was therefore approved. Similarly, permission was given for the temporary retention of chestnut palings on Middle Hill, to protect the vulnerable verges of the Middle Hill Winter Gallops, used from November onwards, which had also been erected without permission.

Mid year budget report: there was a proposal for a two per cent increase in the 2013–14 budget, roughly in line with inflation, and the basis on which the estimates had been prepared. There were the usual handful of questions on detail, and the planned budget for next year was agreed without comment.

Letter to Properties which back on to the Downs: this appeared to relate to properties in the Langley Vale area. The board had written to neighbouring owners about inappropriate maintenance or encroachment onto the downs. The head downskeeper took the view that the warnings had been effective. [This was described as unnecessary maintenance of the downs — but since these areas aren’t maintained by the conservators, it seems a bit harsh to act against adjoining landowners. Better to have a lawn on which one can walk or ride, than impenetrable scrub. Particularly if your garden is the other side of the fence. Ed]

Hack sand track: it hadn’t been possible to conclude the report and this was therefore deferred to a future meeting. [The chairman wasn’t saying which meeting. Ed]

Adoption of cycling byelaw: the board was asked to (and did) formally adopt the byelaw confirmed by the Secretary of State. [This rather ignored that the byelaw had already been confirmed, and has effect whether the board likes it or not. As it happens, the board did like it. Just as well. Ed]

Event applications: all the applications related to events which had previously taken place on the downs. There were no objections from the racecourse or trainers. There were four events outstanding for approval. Only the Race for Life attracted comment: the number of participants would be capped at 5,000. There would be no charge for the event, since it had come in before the commencement of the charging arrangements. It was suggested that the board should at least seek to recover its costs in facilitating the event. However, the downskeeper said the event organisers were now more effective in organising and clearing up, and impact was therefore lower. It was decided to seek to estimate the expenses incurred, and seek a contribution from the organisers through the reinstatement bond.

Downs house: the future of the racing yard, owned by the council but recently vacated by the lessee (following court action), was included on the agenda for information (the yard is not part of the regulated area of the downs).

Consultative committee tour of downs: no comments made.

Constitution of consultative committee (paper): the committee was tasked to identify any amendments required to the constitution at its next meeting. One board member thought that any group representing downs users should be capable of being represented in the committee, and none should be excluded. It was clarified that the second council member of the committee did not need to be a board member.

Flooding of Buckles Gap roundabout: it was explained that Surrey highways had prioritised the flooding at this roundabout (it was acknowledged that there were issues at the Grand Stand roundabout too). The works at Buckles Gap would be funded as a capital item. These were approved.

Code of conduct entrance signs (paper): there was discussion about the design of the signage units, revolving around several options presented in a board paper, but bizarrely, no discussion of what would actually appear on the signs themselves. The ‘Stanley Park’ design was preferred, with three units to be installed. [Perhaps because the content of the specimen sign in the board paper looks rather nice. Ed] It was however noted that the byelaws would be set out on the back.

Dates of next meetings: 24 January, 18 April, 20 June, 17 October, all in 2013 and at 18.00 hours.

The previous minutes were approved without comment. Apologies from Nick Harrison and Andrew Cooper.

Constitution: a constitution of the consultative committee was turned up from 1991, and it seemed that the chairman could invite along anyone who had an interest in the committee’s business. However, the constitution was circulated only at the meeting itself, so it was a bit hard to pursue questions arising.

Fill for the Tattenham Straight works: this was now intended to be sourced either from the Human Resources block of the racecouse near the old paddock, or from a site in Guildford. Work would commence on 3 September.

Carriage driving on Walton Road: still no response from Surrey Highways. It is said to be a question of whether the width of the highway is unlawfully restricted. They will try the Surrey Portfolio Holder if no response is received from officers within a month.

Events: organiser’s bond for clearing up: we asked what had happened to this idea, which sought to ensure that organisers of a major event would deposit a bond to guarantee satisfactory clear-up after the event. It was reported that the last meeting of the conservators had agreed charging for events, including a bond, which would come into effect for full applications after October 2012. All regular event organisers would be written to, and the intention was to solicit a full application from the organisers of the Race for Life. Charging would be mandatory, and done by the council on behalf of the conservators. The clerk agreed to check on powers of the conservators to charge.

Tarred sealed surface to Walton Road on Six Mile Hill: I asked about the conservators’ approval of the so-called improvement of Walton Road. It was agreed that the conservators needed to consider this at the next meeting. But Alex noted that many hack riders would ride either side of the tarred surface, so moving the erosion elsewhere.

Byelaws: DCLG was reported to be still considering the requested confirmation of new byelaws on cycling on the downs.

Future use of Downs House: the clerk noted a continuing legal dispute. The council had achieved an order for possession in the county court, but the order was being taken to appeal. A member said that she hoped there would be continuing equestrian use of the yard. The clerk said that, if vacant possession was achieved, the building would not be left empty, and would be protected. It was implied that there was a firm intention for continued equestrian use.

Dog control: ambition was now limited to a code of conduct to be displayed on site. We asked for the conservators to be willing to consider cases for prosecution: the chairman made the point that it was usually difficult to identify offenders.

Hack sand track: officers had received a risk assessment from specialist contractors, and a report would be made to a future meeting of conservators.

Clear-up after the Derby: we were told that the intention is to pick up glass straight away, and contractors were sent back where necessary. But the fact remains that, every year, glass is ignored by the regular clearing-up team.

Signage on the downs: it was reported that of the seven introductory road signs on the downs, one was missing, and four were damaged. In view of the Queen’s jubilee visit, it seemed that the county council had restored all of the signs. However, signage appeared to be proliferating, with no regard for need, appearance or location. The byelaws signs were often illegible or defaced. A discussion followed.

Unfortunately, I and Alex had to leave at this point for other engagements, but the minutes of the consultative committee will be available shortly and fill in the remainder of the agenda.