Farmer’s court appeal ‘pivotal’ over common grazing rights

The outcome of a sheep farmer’s court appeal could have significant implications for the future of common land grazing across Wales and England.

Bryn Roberts grazes sheep on Tal y Fan mountain in Conwy, north Wales, and when some strayed onto the A55 earlier this year he was prosecuted and convicted in a magistrates court.

He will appeal that conviction at Caernarfon Crown Court, with the hearing set for Friday 15 November, in a process that has so far cost him more than £15,500 in a fine, court costs and legal assistance.

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The case has raised concerns among graziers with rights to common land, as it could set a legal precedent for similar prosecutions.

Tal y Fan Graziers Association secretary Dewi Jones suggests every grazier risks future prosecution if the appeal fails.

“Association members have stated that they will more or less abandon grazing the common land if put at risk of prosecution,” said Mr Jones.

Common land graziers across Wales and England will be “put on notice’’ that if they own livestock which stray off a common through no fault of their own, they too could find themselves in court, he added.

The association has no right to erect a fence on the mountain to prevent straying onto the trunk road – it wanted to put up 200m of fencing across the narrowest part of the common close to the road but was not given permission.

Common land is believed to cover over 1.5m acres of land in Wales and England.

‘Massive’ implications

If farmers withdrew their sheep, Mr Jones says it would have a “massive” effect on the natural environment and public access.

He and others have been lobbying the NFU and the Farmers’ Union of Wales to provide legal assistance in this case because of its ramifications for hundreds of other graziers across Wales and England.

“To say it bluntly, this is one of the most important cases which has unfortunately confronted a group of farmers exercising their legal rights to graze stock on common land, and for many in our association, a practice which is fundamental to their business,” said Mr Jones.

“It is likely to affect sustainability of hill land farming on open common land in Wales as well, let alone the farmers shepherding the Carneddau range in north Wales.”

Mr Roberts hefts Welsh Mountain ewes and lambs on Tal y Fan common, where he has rights to graze 516 sheep.

There are rights to graze a total of 5,079 sheep on the mountain, with other association members sharing the remaining rights.