BACKGROUND Greenham Common, situated near the Kennet River less than two miles outside Newbury, is one of a band of Berkshire Commons. They support rough grazing, the growth of heather and grassland interspersed with trees of various species and contain a number of SSSIs. In 1938 the owner, Lord of the Manor Baxendale, put up for public auction 880 acres of his Greenham Lodge Estate with its ancient and manorial rights, privileges and emoluments. In 1939 Newbury Corporation (later Newbury District Council) purchased 856 acres at 5s (25p) an acre. Councillor Burns announced that this would secure for Newbury inhabitants the full privilege of access and use. The appearance of the Common would be preserved by the new public owners. In 1941 the Air Ministry requisitioned Greenham Common for an airfield. 3 runways (2000 yds, 1500 yds and 1000 yds respec- tively) were constructed. Commoners' rights were 'suppressed' but not 'extinguished'. Though in 1947 the Common was de- requisitioned, the Air Ministry refused to restore it to its original status. Instead it offered Newbury Corporation compensation in cash. Up until December 1958 the Ministry of Defence still claimed an 'interest' in the land under the Defence of the Realm Act (1938-58): Emergency War Powers Act. In 1960 the Secretary of State for Air bought 630 acres of Greenham Common, which nevertheless remained subject to existing rights and covenants. He undertook to consult Newbury Corporation as to the disposal of the land if and when it ceased to be used for the purposes of an airfield. Public access to these 630 acres was revoked but Commoners' rights preserved. Then in 1979 NATO took the decision to site 96 Ground Launched Cruise Missiles here. WOMEN OF GREENHAM COMMON This signalled the start to a growing citizens' protest. In 1981 women arrived to set up camps in the area. In 1983 the first missiles were flown in. From then on tension heightened between the Women on the one hand and the MOD/Newbury District Council/USAF cabal on the other. This led to evictions, arrests and imprisonment for the Women. In 1985 the MOD introduced Bylaws, under the Military Lands Act of 1892, in order to curtail women's incursions into the Base which was now defined by a perimeter fence. As convictions occurred under these Bylaws, 2 women, Jean Hutchinson and Georgina Smith, decided to challenge them. Under the 1892 Military Lands Act, there was provision for making Bylaws On Common Land provided no rights of Common existed on the land. During 4 years of litigation, the case went from the Magistrate's to the Crown and High Courts, eventually reaching the House of Lords. There, on 12th July 1990, these Bylaws were pronounced invalid precisely because they interfered with Commoners' rights. On 18th May 1992 in another case at Oxford Crown Court, Judge Lait declared the fence around Greenham Common to be illegal. The 1925 Law of Property Act, Sect. 194 (2) states clearly that the Secretary of State for the Environment has to give consent for building on Common Land. The MOD conceded in court it had never sought such consent. All construction on Greenham Common during the USAF's occupation must therefore have been unlawful. To offset such a conclusion, the MOD set out in August 1988 to buy out Commoners' rights. In May 1991 it produced a Vesting Deed, under the 1954 Defence Act and 1845 Land Clauses Consoli- dation Act, signed by 3 Commoners claiming to represent the rest, though not all Commoners were party to the deal. More than £90,000 was shared among those who accepted money in exchange for their rights. Lord Denning stated in the Guardian, "MOD lawyers have got it wrong that in claiming Defence Statutes passed in the 19th century permit them to override Common Law and extinguish Commoners' rights, they have misconstrued a passage in Halsbury's LAWS OF ENGLAND". On 9th December 1996 at Reading Crown Court, the Women's Peace Camp disputed the claim that Commoners' rights had been extinguished. They challenged the erection of a new fence the MOD had built around a 144 acre site earmarked for 'technical development'. The MOD said it was there simply for safety. This case is under appeal at the High Court. THE WOMEN's PEACE CAMP vs NEWBURY DISTRICT COUNCIL This seems to have been the last straw for the MOD. On 24th March 1997 it sold the land to 'Greenham Common Community Trust' for £7 million. 144 acres of this is to be jointly developed by the Trust and Newbury District Council as a £2.3 million 'Enterprise Centre'. This will allegedly provide funds for the restoration of the rest of the land for public enjoyment. Recent disputes within NDC, however, cast doubts about this. On 19th November 1997 The Women's Peace Camp issued a High Court Writ on NDC, delaying 'progress' of the Enterprise Centre. The Women maintained that, according to Section 194 of the Law of Property Act 1925, NDC had illegally authorised such development. At the hearing on 18th November, veteran campaigner Sarah Hipperson argued that Commoners' rights could only be extinguished by having their names struck off the Register held at Berkshire County Council. This, according to the Commons Registration (General) Regulation 1966, would require a lengthy scrutiny whereby cause would have to be shown to the County Solicitor and each Commoner (there are about 35) would be given 40 days in which to decide. Since this had not been done, Commoners' rights remain intact. She was unfortunate to encounter in Mr. Justice Popplewell, a judge who appeared to disregard the complexity and confusion of laws governing Common Land. In a summary judgement, he ruled her argument 'legally insignificant', giving the Vesting Deed priority. It is significant that in all the years it held the Vesting Deed, the MOD never once attempted to test its validity in court. By evading standard procedure and finding an amenable judge, NDC can now go ahead with their plans for development. Their respite may only be temporary, however, because the Women intend to appeal. The issue is too important to let go without giving it their best shot. Ominously when Berkshire County Council is phased out in April 1998, the Register of Commoners will come under the jurisdiction of NDC. Without rights, what can stop further development occurring beyond that already contracted between GCCT and NDC? What happens here may decide the fate of other Common Land. The Women of Greenham deserve the support of all who treasure our country- side and value freedom for the Commons. Donations towards their costly legal expenses would be welcome. Please send to THE WOMEN'S PEACE CAMP, GREENHAM COMMON, BERKS. RG19 6HN, Tel: +44 (0)1635 269109. Brendon James January 1998
Greenham Common, Berkshire RG19 6HN
United Kingdom
+44(0)1635 269109
