Contrary to popular belief, Wanstead Flats is not common land, says local historian Mark Gorman, who explains the justification behind roping off sections of the Flats to protect the breeding Skylarks. Photo by Geoff Wilkinson
Earlier this spring, two areas of Wanstead Flats were once again enclosed to protect the sites for ground-nesting Skylarks. A rope enclosure replaced the earlier plastic fencing and signs explained the rationale. This seemingly inoffensive action was understood and accepted by nearly everyone as a practical way to encourage the safe breeding of one of London’s last remaining Skylark nesting sites.
Not accepted by all, however – the rope has been cut on several occasions. The reasoning behind this vandalism is not entirely clear, but seems to relate to a belief that Wanstead Flats, as part of Epping Forest, is common land and that the public therefore ‘own’ it. Furthermore, there is a belief that enclosing forest land must be sanctioned by Parliament through amending the 150-year-old Epping Forest Act.
The roping off of small sections of Wanstead Flats is therefore seen as an outrageous limitation of people’s right to roam wherever they want, and the potential loss of a breeding Skylark colony is the price we must pay for access to the whole of the Flats (and presumably the rest of Epping Forest) at all times.
So, is the City of London Corporation overstepping their remit in roping off these areas, even to protect an endangered species? The answer is that they have every right to do so, and indeed have been taking measures like this ever since the 1878 parliamentary act gave them the remit to manage Epping Forest as ‘conservators’.
The forest is not common land. After 1878, commoners (people living in forest parishes and owning a certain amount of land) had specific rights, notably that of cattle grazing, but there has never been a global ‘common’ right in Epping Forest. Queen Victoria famously dedicated Epping Forest “for the enjoyment of my people forever,” but she did not confer ownership. The forest is owned and managed by the City of London (through a charity called Epping Forest).
Over 150 years, the conservators have constantly balanced public access and their responsibility to protect “the natural aspect”. While the 1878 Act prohibits enclosures in the forest, it also permits the conservators to put up fences in certain circumstances, and areas of the forest also have closures to protect them (such as bridleways in winter). The 1878 Act also specifically prohibits the injuring or disturbance of animals and birds. But this isn’t just about the law and sanctions; it’s about enabling flora and wildlife to flourish alongside the increasing numbers of people enjoying the freedom of the forest. That’s why there are codes of conduct, such as the one requesting dog owners to respect seasonal site signage and keep dogs on a lead in certain areas, to protect rare species.
And finally, the Skylarks have been on the Flats a lot longer than any of us. In 1892, a local resident wrote of his enjoyment of “a walk across the breezy Flats to watch the Skylark rise.” A temporary fence seems a small price to pay for this pleasure today.
Mark Gorman and fellow historian Peter Williams are the authors of Wanstead Flats: A Short Illustrated History. For more information, visit wnstd.com/flats
