Hack writer

Silence! The chairman affirmed that, contrary to the impression given in the agenda, the public is not allowed to speak at conservators’ meetings. She didn’t explain why: the board frequently invites non-members to address its meetings.

Habitat Management Plan: modifications to address the management needs of the golf course area will now go ahead, funding having been secured (meaning, we hope, that scrub control will be improved, and the burden shared with the golf course management).

Byelaws: the consultative committee’s request that the conservators consider the possibility of including byelaws on cycling and dog control in proposals for new byelaws on radio-controlled cars was noted. It was thought that byelaws might not be appropriate for enforcing dog control, but advice on a byelaw controlling cycling would be presented to the October meeting.

Dog control: Sam Whitehead updated the conservators on proposals for Surrey-wide changes on dog control (see paper 4).

Metal detecting: a new map showing areas in which metal detecting is permitted was circulated: oddly enough, it coincides almost exactly with the hack areas. Odd that metal detecting is considered acceptable on the hack areas, but not on the training areas.

Training Grounds Management Board: met on 7 July, and as reported to the consultative committee meeting earlier in the month, discussed the use of the hatched area, but concluded that ground conditions did not permit use by hack riders.

10% increase in horses in training on the downs. The fibresand track has been refurbished, and a sinking fund is being built up for future work. Rupert Trevelyan has been appointed as the new managing director of Epsom Racecourse, to replace Nick Blofeld: his background is commercial rather than racing.

The Derby: the racecourse view is that it will not wish to reinstate the Tattenham Corner fair next year, but a final decision will be taken by the incoming managing director. Several conservators implied that the suppression of the Tattenham Corner fair had changed, for the worse, the atmosphere around the replacement fairground on the Hill. Andrew Cooper acknowledged that the racecourse would need to take this effect into account. Surrey Police’s report was criticised for being anodyne and failing to address conservators’ concerns. Policing was said to evaporate after the racing had concluded, leaving the local community victim to continuing disorder. The clerk will write to Surrey Police with the conservators’ concerns.

Charging for cleaning up after events: following poor arrangements for the Race for Life earlier in the year, a reinstatement bond is planned (to cover the costs of a clean-up if the organisers fail to do it themselves), which will be presented as part of the events strategy to the October meeting… .

Events strategy: preparation of the strategy has been delayed owing to staff sickness, and will now be received at the October 2009 meeting, but several pending applications were presented for approval, including the St Ebba’s TREC 2010. Simon Dow had written saying that the downs were under huge pressure, and that the conservators should not sanction increased use. One member sensibly asked whether the policy was ‘first come, first served’, at least until the strategy was in place. All the pending applications were approved.

Downskeepers’ hut: consultation with the downskeepers had identified reservations about the relocation to a converted toilet block. Further work would be required.

Horseman’s Sunday: there was a lengthy discussion about the decline of Horseman’s Sunday, and whether gypsy trotters would turn up in September 2009 even though the event was not taking place.

Golf ball washers: the golf club had asked for permission to erect these in various places on the golf course. There was a consensus that the purpose of the washers was essentially commercial, in providing space for advertising, and that the washers were too bulky and intrusive, and so permission was refused.

Date of next meeting: 14 October 2009.

David Smith, former chief executive of the council and ex officio clerk to the conservators, will retire shortly, and not return to the council after a prolonged absence owing to ill health. From David’s point of view, it’s surely the right decision. Best wishes to David in his retirement, and our thanks for his tremendous help over the years, and his readiness to listen to hack riders’ views.

Leaflet for hack riders: the final version of this is still not resolved, and the version which appears (well hidden) on the council’s website remains somewhat unsatisfactory.

Events on the downs: there will be two windows of opportunity to apply for approval of events each year, but the number of events will be limited in number. The criteria will be addressed in a paper to be taken by the 28th July meeting of conservators. The conservators are contemplating charging for cleaning up after events (thanks to the rubbish left after this year’s Race for Life): I asked for refundable deposits to be considered, to avoid an adverse impact on small events.

Ebbisham Lane: the continuing poor state of the road will be raised with Surrey county council’s new local highway engineer. The council has done no maintenance on the road for years.

Sand track: claimed to be harrowed once a week, but it had been neglected during the Derby season. Investigating machinery to pick flints. There’s a willingness to top up the sand, but structural problems need to be resolved before this is done.

Byelaw boards: funding for these is unlikely to be resolved until at least September, and until then, officers are unwilling to commit to the style and content. I asked if they could work up some designs to minimise delay once funding was confirmed later this year.

Enforcement of byelaws: two new downskeepers are being recruited, after which the rotas will be reviewed in consultation with staff: they plan to present options for better enforcement of byelaws on Sunday afternoons to the next but one conservators’ meeting (even though they promised at the meeting exactly a year ago to do just that). Agreed to consider scope to make byelaw to control cycling on the downs, since the conservators have already agreed to amend the byelaws to deal with radio-controlled (model) cars.

Concert: no (pay for entry) concert is likely to take place for the next two or three years, owing (it was said) to the recession.

Dog control: Epsom and Ewell council is working with other Surrey boroughs to develop a county-wide strategy on dog control, with a small number of essential messages to be put across to dog owners. They will consider whether a dog control order is needed for the downs, to enforce a requirement for dogs on leads. Will be considered further at 28th July conservators’ meeting. Meanwhile, downskeepers’ vehicles are now equipped with cameras, microphones and trackers, to record incidents and provide greater protection for staff dealing with them.

Metal detecting: officers will send a revised map showing the areas authorised at for metal detecting (which we suspect coincide almost exactly with the hack areas), and say they will take seriously any concerns expressed in response.

Hatched area: We had asked the secretary to the Training Grounds Management Board, Andrew Cooper, how conditions had changed since the concessionary use of the hatched area was negotiated in 1984? No-one could recall that far back (pity David Smith has left), although Andrew goes back to 1993. The rough area east of Walton Road was described as being in as bad physical condition as it ever has been, and unfit for use. The area west of Walton Road is maintained by grounds staff and used for racehorse training in winter: the TGMB’s view is that use by hack riders would make it unfit for training use — but that’s putting the cart before the horse.

We had also asked what conditions would now permit such use? Andrew avoided answering this question, but Simon Dow said he would be happy to adopt clear criteria for determining whether the hatched area should be available for use.

And we asked who was responsible for maintaining the area to secure conditions fit for use? The TGMB said they were not responsible for maintaining the east area — that was for the downskeepers, who were responsible for cutting the area under the Habitat Management Plan.

The TGMB had met that very morning and reaffirmed its position.

In a continuing discussion a little later, the chairman (and chairman of the conservators) Jean Smith said that the “purpose of the 1984 Act is the preservation of the racing industryâ€. That is doubtless her view, and it explains why the conservators act as a rubber stamp for the racecourse, but it’s clearly not the purpose of the Act, which appoints the conservators to “preserve the Downs so far as possible in their natural state of beauty”. Maintaining a successful industry is certainly a proper economic objective for the council, but it’s not why the council tax payers of Epsom fund the conservators to the tune of nearly £200k per annum.

Date of next meeting: 3 November 2009

Date of downs tour: 24 August 2009

According to the Epsom Guardian of 30 April, the racecourse cancelled its concert proposal for 2010 on 22 April because of lack of sponsorship: Nick Blofeld, MD, is quoted as saying he didn’t “want to waste everyone’s time”. Which is odd, because the application for approval from the conservators was submitted only on 9 April! And it was withdrawn just a fortnight later, one day before a special meeting of the conservators was due to take place: hardly conducive to not wasting time. Mr Blofeld reportedly added: “To get the festival sorted out we needed to get approval this month but we haven’t got the contracts signed so I cancelled.” Makes one wonder why the racecourse didn’t wait a fortnight longer before submitting the application? Fourteen months sounds an unlikely lead time, especially when just eleven months was considered sufficient for the (abortive) 2009 concert.

The alternative possibility is that the racecourse learnt that its application was heading for rejection as being inadequate, and jumped before it was pushed.

This on-line report also made front page news in the Epsom Guardian. The dogs were lucky: some horses would have kicked, leading to broken bones or worse.

News received last night that the special meeting of the conservators, planned for this evening (23 April) to consider the racecourse’s application for a concert in 2010, has been cancelled. The story so far: the 2009 concert proposal was approved, then cancelled, now the 2010 proposal has been put forward, and then withdrawn.

It’s not clear whether the racecourse have cancelled the 2010 concert, even before it got off the ground, or more likely, they have agreed with our view that the proposal was too lightweight and lacking sufficient detail to merit approval. In which case, they’ll be back… .

Horseman’s Sunday: the conservators want to see a risk assessment for future events: such are the problems arising from gypsies’ use of the downs on Horsemen’s Sunday for trotting races, that the future looks uncertain. As the organisers have not yet requested permission to hold the event this year, no decision was made.

New downskeeper: Bob Harding has been appointed from among the downskeeping team as head downskeeper. Congratulations to Bob!

Replacement byelaw boards: the conservators want to use funds from the planning agreement (a ‘section 106 agreement’) for the new hotel on the downs, but have run into trouble with the council’s planning officer, presumably because the conservators are obliged to maintain byelaw boards, and shouldn’t need to raid the planning pot of money for that purpose. Approval will be sought from a council committee in July, so there will be no new byelaw boards, nor the new information panels, until the autumn.

Concert: it’s still uncertain whether this will go ahead in 2010, as some key documents haven’t been signed, but a meeting has been scheduled for 23 April to determine an application just the same. We have already commented.

Radio controlled cars: use of these is a problem in some areas (particularly in the car parks), and legal advice was given that the existing byelaws could be used to take action, but only if annoyance was proved to other downs users. Simon Dow said that there was regular interference with training, and that it was also a threat to hack riders. The downskeepers said it was difficult to take action unless there was a complaint, because of the way the byelaws were framed. The clerk said it wasn’t difficult to change the byelaws, if that’s what the conservators wanted, and the conservators asked for this to be done. Pity no-one thought about what other byelaws could do with an update at the same time, especially as changes may be needed to the byelaws on dogs (see below).

Hot air balloon: permission was given to tether a hot air balloon on the downs during the afternoon of the spring meeting.

Training Grounds Management Board: the chairman said she had nothing to report of any interest. Goodness knows what they actually discuss there, as it’s not the first time that the chairman’s has delivered a null report!

Fencing: the conservators agreed a new policy for approving proposals for fencing on the downs, where the conservators are required to approve fencing under the 1984 Act. This looks like an improvement on what has happened in the past, when fencing has been put up (e.g. to demolish the totaliser board) without any permission.

Dog control: it was explained that a new dog control strategy was needed across the borough, and not just on the downs: this was a high priority for the conservators and the council. Simon Dow explained the risk to horses, their owners and their riders. Head downskeeper Bob Harding thought it would be hard to secure enforcement, but the results, if successful, would transform the downs for its users. Conservators asked about timescales for implementation and whether there were potential quick wins, but were told that the strategy needed to be dealt with as a whole, rather than piecemeal, and there would be progress reports at future meetings.

Metal detecting: the conservators approved new arrangements for restricting metal detecting: the map showing where it will be allowed, including digging to extract finds, looked like it coincided pretty much with the hack areas: nobody thought to comment on this. Apparently, it’s fine to dig up the hack rides, but not acceptable on the golf course, the training areas, or even on Juniper Hill!

Derby week fair: the racecourse has decided not to allow a fair on the downs during Derby week this year, apparently because of past ‘disorder’, but it seems its decision was somewhat influenced by the prospect of securing more parking places attracting more income. True, the fair is pretty unpopular with many local residents, but not one conservator thought to question the wisdom of abolishing this historic element of the Derby week in favour of an additional car park.

Extension of preparatory period for Derby fencing: agreement was given to allow yet another four days for fencing in the Upper Tattenham area, which means the loss of use to hack riders of the ‘platform’ alongside the racecourse still earlier. Sadly, no-one ever questions the need for these derogations, they just go through on the nod. Indeed, the conservators spent rather longer discussing arrangements for the conservators’ complimentary admission to race meetings (they get free admission to the Queen’s or Duchess’ grandstand at every race meeting throughout the year). Surprisingly, only the chief executive of the racecourse, Nick Blofeld, could see that some might think the level of hospitality open to criticism.

Gypsy site on the downs: this will open on Friday 29 May. In theory, there will be a ban on quad bikes.

Date of next meeting: special meetings will be held on 23 April (to approve the concert application) and on 23 June (to approve the accounts), with the next general meeting on 22 July

Date of conservators’ downs tour: 7 July at 14:30 (the same day as the consultative committee meeting).

Clerk to the conservators: Frances Rutter has been appointed as interim chief executive to the council, and ex officio interim clerk to the Conservators, owing to the illness of David Smith.

Retirement of the head downskeeper: the council is now recruiting a replacement, advertising internally and externally. An interim supervisor will be appointed from the existing team.

Habitat Management Plan: the final plan remains elusive, but it was hoped to have an update by end of January.

Rubbing House car park: a planning application to the council is imminent to increase car parking space between the access road and the Rubbing House car park wall.

Fencing on the downs: proposal for a better process to approve fencing will be brought to next meeting.

Signposting on the downs: byelaws boards are the main outstanding task: 27 need to be replaced. Some may double up as interpretation boards. Much needed design assistance will be offered by the racecourse.

Horseman’s Sunday: a risk assessment will be considered at the next meeting.

TGMB: Concern that new grandstand will create new foot traffic (particularly to and from the hotel) conflicting with movements of horses in training (across Tattenham Corner Road). Proposal to allow horses to pass to the other side of the fence up to bridge, with resurfacing necessary. To be funded by the racecourse. Improvements may also be sought to lighting to improve the environment after dark.

157 winners trained from Epsom in 2008: number of horses in training reported healthy, and prize winning performance good. There are currently no yards available for rent.

Cancellation of concerts on downs in 2008: the concerts have been ‘postponed’ from 2008 to 2009. Some questions about powers to stage concerts have been answered in brief, but these tend to underline the inadequacy of the original advice from counsel. The racecourse would like to seek approval from the next meeting of the Conservators, and approval from the Council shortly thereafter: one conservator pointed out that the economy would not have picked up by then, but the racecourse wants an approval in its pocket by then to enable advance planning. Another conservator agreed that the points raised by the consultative committee should be addressed in the advice to the conservators, but was reassured that ‘the answers would be the same’.

Bridleway 65: the ‘racehorses only’ sign will be repositioned within the next month, and a wider opening at the northern end will be put in place ‘imminently’.

Communication of the consultative committees’ views: two conservators thought that the consultative committee should be regularly invited to represent the views of the committee.

Out of control dogs: the clerk thought the byelaws were sufficient to ensure that dogs should be kept under control or on leads, but the legal team will provide advice on changing the byelaws if that is required. Simon Dow said the trainers wanted to see all dogs kept on leads while horses were in training (i.e. before noon), and thought that there were accidents waiting to happen, with various unpleasant incidents occurring. The chairman mentioned an email from a hack rider about dogs out of control, and the racecourse confirmed that this was a problem equally for hack riders. However, the downskeepers thought it would be difficult to enforce a requirement for dogs to be kept on leads: some dog owners could be abusive. A councillor thought there should be signs to drive the message home. It was observed that the byelaws had not been prosecuted for some years, and the conservators had to be confident that there was proper signage.

Proposed events on the downs: 2009 will be the busiest racing year ever, with 14 race meetings, including five days when there will be evening concerts after racing. The council will keep a schedule of events on its website, so that downs users can find out when conflicting events are taking place. One councillor hit the mark when she pointed out that the downs were supposed to be a place for quiet recreation, and that the conservators had no policy on what was an acceptable number of events. Ten runs had been planned for the winter period of 2008-09, and Simon Dow said that many of these were interfering with both training and recreational use of the downs, particularly as many events were set up early in the day. The conservators agreed that they needed a strategy to handle requests for such events, and decided to withhold permission for a charity fun run in the autumn.

Next meeting: 15 April 2009

News today in the agenda for the next Conservators’ meeting that Gerry Ball, the head downskeeper for many years, is retiring – and indeed, did so on New Year’s Eve. We’d like to wish Gerry a full and happy retirement: we have not always seen eye-to-eye with the conservators, but Gerry and his team have always been enormously helpful, and done their best to secure improvements within the resources available to them.

News also comes of the appointment of an interim chief executive to the council, suggesting that David Smith, who has been off work for several months, may not be returning soon, if at all. David has always been a sharp-witted but very fair-minded clerk to the Conservators, and we hope he makes a full recovery. Meantime, we look forward to meeting the interim chief executive and clerk to the Conservators.

According to this article in the Surrey Advertiser on-line, the 2009 concert has been abandoned owing to the lack of sponsorship (though whether because the 2009 Derby itself still lacks a sponsor, or because sponsorship for the concert could not be obtained, is unclear).

The article quotes Cllr Jean Smith, chair of Epsom and Walton Downs Conservators, saying: “I think this is very disappointing news.” I’m not so sure. See the post on the 2009 Concerts below for a different point of view.

A rather frosty meeting, overshadowed by the absence of the long-time clerk to the conservators, David Smith, who is ill in hospital.

Hack riders’ leaflet: this is the last of a series of leaflets for downs users to be agreed, and all of them should be published soon on the council’s website. The hack riders’ leaflet will include a new map of the hack rides and areas on the downs, and should be easier to read than the present one.

Rides on Juniper Hill: lots more work has been done by the downskeepers to open up long-blocked rides on Juniper Hill. Following on from the opening of the north-south ride late in the summer, the east-west ride has also been opened up, which strikes out west from ‘bridleway 65’ and heads across the hill to emerge on the grassland on the crest of the hill, with views across to Six Mile Hill. Both these rides will be marked with posts in the near future. Opening up the east-west ride is expected to deliver nature conservation benefits too, reversing some of the scrub encroachment which had been threatening the grassland. Our thanks to the downskeepers for their hard work on this.

Race for Life: this fund-raising event will take place next year on 28 June 2009. The chairman confirmed that the event represents ‘a significant degree of interference with the rights of the public of access for air and exercise’ (as described in the proviso to section 10(2) of the 1984 Act), meaning that the concert can now only significantly interfere with public access on just four days. That will be a challenge: after all, the concerts will take place on two days, leaving just two days for assembly and disassembly to the extent that what remains no longer constitutes a significant interference.

Concert: we gave one month’s notice of some legal questions about the board of conservators’ powers to authorise the concerts, but even so, the chairman was unable to provide any answers, and batted them over to Andrew Cooper from the racecourse. He sensibly sent them straight back, pointing out that questions about the conservators’ own powers were for the conservators, not the racecourse. So we’ll have another go, in correspondence.

Bridleway 65 diversion: Andrew also agreed that the gap at the northern end of the diversion looked a bit narrow, and will see what adjustments can be made. The downskeepers will re-erect the ‘racehorses only’ sign in a more sensible location, and Andrew is to consider whether a baffle is needed to stop horses in training escaping through the gaps out on to Epsom Lane North.

The hatched area: the chairman reported that the Training Grounds Management Board (TGMB) had met on September 8, when it was ‘their unanimous view that the Hatched Ground should not be used for riding after noon, due to concerns over its current conditions and because such opening up would prejudice the maintenance and use of the training gallops’. So we’ve asked the TGMB to tell us:
* how conditions have changed since the agreement in 1984 that the hatched area should be used by hack riders ‘when conditions permit’;
* what conditions would allow such use;
* who is responsible for maintaining the area to enable conditions fit for use?
After all, the 1984 agreement was surely given in good faith, in anticipation that the hatched area would be fit for use at least some of the time. Yet, oddly, it never has been. Andrew admitted that some of the hatched area would be used for training over the winter: odd, really, that it’s fit for training purposes, but not for hacking?