The debate over the Stray’s official designation has been rekindled following an intervention by Andrew Jones, MP for Harrogate and Knaresborough. 

He became involved in the controversy after the Open Spaces Society applied to register Harrogate’s 200-acre expanse as common land, a move which has been met with opposition by some in the town. 

Mr Jones wrote to the general secretary of the OSS seeking more information about the application. He said:

“After reading it carefully it was still difficult to see why the Open Spaces Society had made this application. I was unclear what it would achieve and why this designation was needed when we already have law – the Stray Act – giving the area protection.  

“The Stray Act has served us well. It limits large-scale use of the land; changes can only be made after Parliamentary scrutiny, and where the Stray is damaged it has to be restored by law.” 

Founded in 1865 as the Commons Preservation Society, the OSS is Britain’s oldest national conservation body. Its past victories include the preservation of Hampstead Heath, Wimbledon Common and Epping Forest. 

When the Commons Registration Act 1965 came into force, the Stray was exempted from inclusion in the common land register, but following the passing of the Commons Act 2006, the OSS has been trying to register such exempted land and wants to bring the Stray “back into the fold”. 

When the application was made in January 2023, OSS case officer Hugh Craddock said: 

“The decision in the 1960s to keep the Stray off the registers was understandable but misguided. Only a quarter of one per cent of registered common land was exempted from registration, and exemption proved to be both misleading and unhelpful. The Stray has always been common land, and ought to be registered as common land.” 

Frances Kerner, the OSS’ commons re-registration officer who made the application, added: 

“Registration can only reinforce the protection already afforded to the Stray under the Harrogate Stray Act 1985.  The land will also become protected under the Commons Act 2006. And registration will ensure that those who buy and sell land adjacent to the common are always notified of its protected status.”

‘Unnecessary and alarming’

But Judy d’Arcy Thompson, chair of the Stray Defence Association (SDA), said the application was unnecessary as the Stray already enjoyed three layers of protection: it is Crown land; it was granted in 1778 to the people of Harrogate “forever hereafter” under the Enclosures Act of 1770; and it is safeguarded by the Harrogate Stray Act 1985. 

Writing to the commons registration officer at North Yorkshire Council, she said: 

“The SDA has been contacted by many who are worried and would like to know what is going to happen. All are bewildered as they have always felt certain that their beloved Stray was already fully protected and they are alarmed in equal measure as to what might happen should the OSS application be approved.”

A drone image of West Park Stray. Picture: David Simister

Ms d’Arcy Thompson also pointed to the fact that some parts of the Stray are not connected with the main 200-acre expanse, such as land in the Woodlands area and the grass verges, or “slips”, along Wetherby Road, Skipton Road and Knaresborough Road. She said if the Stray was designated common land, some people could theoretically be barred from crossing those verges, effectively denying them access to their own property.

She also feared that the OSS may be working from the wrong maps – a concern first raised by the late Harrogate historian Malcolm Neesam. 

She said: 

“This kind of designation has happened elsewhere and has caused such legal machinations that in some cases it has ended up in the High Court and cost a lot of money. We don’t want that to happen here. 

“It might not turn out like that here, but knowing how careful people have to be with maps and boundaries, the OSS only need to get one small thing wrong to cause a lot of trouble. This may prove to be a legal minefield in the making.” 

‘It would strengthen protection’

In its reply to Mr Jones, the OSS said that, using a mechanism provided by Part 1 of the Commons Act 2006, its policy is now to apply to register as common land all exempted land in North Yorkshire, including the Stray. It said:  

“Registration will ensure that the exempted land properly is recognised as registered common land and will be reported as such on a search conducted in relation to a purchase of land or house adjacent to the common (where for example access is required over the common).  

“It will also ensure that the land definitively is brought within the protection of Part 3 of the 2006 Act, which provides for controls on works on common land, with a régime for the Secretary of State to consent to such works.”

It added: 

“The controls in Part 3 of the 2006 Act will be in addition to those set out in the Harrogate Stray Act 1985. Far from weakening the 1985 Act regime, registration will strengthen the protection for the Stray.” 

But Mr Jones said: 

“In the response from the Open Spaces Society I could still see no positive reason to progress this application. They may think that the exemption in 1965 was misguided and they may have some blanket policy they are implementing from their Henley-on-Thames HQ. But the important thing is to ensure the Stray is protected rather than ticking some policy box.  

“The Stray Act is very powerful protection. That will not change, so the question remains about the purpose of this new common land application. I simply haven’t yet been given any meaningful reasons by the Open Spaces Society to support their proposal.” 

Ms d’Arcy Thompson also remains unswayed. She said: 

“We’re not being petty – we’re just foreseeing potential problems. Why open the Pandora’s box to possible litigation here, there and everywhere? 

“It’s all ifs and buts and maybes, but we don’t want to see something happen that could cause stress and expense when the status quo works very well.”

Read more:

• Student to run 100km around the Stray at night for charity
• Ramshackle phone box transformed into Stray information point
• Cherry trees on Harrogate’s Stray vandalised again

A ramshackle red phone box in Harrogate has been moved and transformed into a history of the Stray.

The disused phone box on the Stray, just off Otley Road, had fallen into a dilapidated state.

So the Stray Defence Association, which safeguards the 200 acres of parkland against building and encroachment, hired a specialist renovation company to uplift it on March 16.

It was restored to its original bright scarlet and moved to a more prominent town centre spot on West Park Stray, where it stood beneath a white cover for several days.

Two children removed the covers at an unveiling ceremony this afternoon to reveal the new-look phone box with panels displaying the history of Harrogate’s Stray and the Stray Defence Association.

Its old position on the Stray, next to Otley Road, has been restored and reseeded to return it to Stray land.

Stray Defence Association chairman Judy d’Arcy Thompson and committee member Syd Bell

Judy D’Arcy Thompson, chairman of the Stray Defence Association, said:

“It is the Stray Defence Association’s hope that it will become a valued part of the West Park street scene and an intriguing and iconic information source for both local people and visitors to Harrogate.”

Today’s unveiling, which was attended by members of the Stray Defence Association, Harrogate In Bloom and Harrogate Civic Society, coincided with the 90th anniversary of the Stray Defence Association, which was formed on May 12, 1933

Cordelia, 7, and Harry, 5, performed the opening by cutting a ribbon to highlight how children are the future custodians of the Stray.

A Stray Defence Association donor paid for the renovation, which was approved by the Duchy of Lancaster and both Harrogate Borough Council and the new North Yorkshire Council.

The phone box being uplifted

Panels on the restored phone box tell the story of the Stray.

Read more:

• Cherry trees on Harrogate’s Stray vandalised again
• Nude ban to remain at Turkish Baths Harrogate

The organisation set up to protect Harrogate’s Stray has said a move to make it common land is “not needed”.

The Stray Defence Association said it was approached by the Open Spaces Society for a number of years about the possibility of changing its official status.

However, SDA chairman Judy d’Arcy Thomson told the Stray Ferret the existing protections for the Stray were adequate and she had not been persuaded that common land status would bring any benefit.

She said:

“There really didn’t seem a great deal of point in what they were trying to do. The whole thing about this is that the Stray is common land in all but name.

“Because it belongs to the people of Harrogate, it’s a sledgehammer to crack a walnut job.

“I’m absolutely behind protecting the Stray but there didn’t seem any point in doing this. We were going round and round in circles. It’s very hard to work out what they are trying to achieve.

“I’m sure they are very well-meaning and what they are do throughout the country, registering common land, is great. It’s laudable, but we don’t need it here.”

Read more:

• Bid to protect Harrogate’s Stray with common land status
• Work starts to reseed the Stray as part of £130,000 repairs

The Stray Act 1985 restricts the number of days on which events can be held on the Stray, as well as the amount of space they can use.

In recent years, special permission has been sought from the government to hold additional events, such as the UCI Road World Championships in 2019.

Heavy rain and large crowds during that event led to the grass on West Park Stray being extensively damaged, causing long periods of closure for repairs and a bill of almost £130,000.

The OSS said being made common land would add an “extra layer” of protection and require additional consent to hold similar events in the future. It also said the move would help to clear up discrepancies in maps of the Stray.

Ms d’Arcy-Thompson said she had worked with the late historian Malcolm Neesam, who had reviewed his maps and plans of the Stray over the last few years. He believed the OSS was working from inaccurate and out-of-date maps.

Before his death last year, he wrote:

“I think the Open Spaces Society is simply trying to find something to keep itself occupied.”

The Stray Defence Association has spoken to the Duchy of Lancaster, which owns the land, and Mrs d’Arcy-Thompson said it too was of the view that the change in status was not necessary.

Consultation period

North Yorkshire County Council’s assistant director for highways and transportation, Barrie Mason, said:

“We can confirm we have received an application from the Open Spaces Society to register the Stray in Harrogate as common land. In the first instance, the application will be considered by the commons registration officer to ensure that it has been made correctly and with the relevant supporting documentation.

“If so, then it will be processed in line with our policy. This will include a formal consultation period in accordance with the Commons Act 2006 requiring notices to be posted around The Stray and on the council’s website for a period of at least 42 days.

“At this early stage, we cannot put a timeframe on the determination of the application.”

A group of teenagers have been filmed ripping trees from the ground on the Stray last night.

Sara and John Scott were walking home from town along the footpath adjacent to the railway line when they saw the group of teenagers ripping the trees from their roots.

The pair were so angry they chose to film what was happening. The video shows a small group of three teens tearing the trees down at 7.30pm.

Ms Scott said:

“There was a lot of them down there earlier, as I think it was the last day of the exams but at the time of this video, there was about 10 left. They were all drunk and doing this. Playing music, drinking and they ripped down 2 different trees that we saw.”

The couple live close by and often walk through the Stray, they said it was “infuriating” to see people treat it in such a way.

The Stray Ferret visited the area today and could see two young trees on the ground with just a stump remaining.

These images, taken today, show the remaining stumps of the two trees reportedly torn down last night

Judy d’Arcy Thompson, chair of the Stray Defence Association, said the actions of a few young people were “appalling”. She said the Stray is respected by thousands of people young and old and the actions of a few were a huge disappointment.

She said:

“Why did they feel the need to do that? We are blessed with the Stray so why is it deemed a celebration to destroy nature? It’s appalling to be actively destroying the Stray like this.”

Read more:

• Council criticised for leaving ‘scorched earth’ rings around Stray trees
• Pinewoods charity to meet Harrogate Spring Water to discuss expansion

Harrogate Borough Council, which is the caretaker of the Stray, said:

“Our parks and grounds maintenance teams work year round to ensure we have a beautiful district to live or work in and for visitors to enjoy.

“To see this pointless destruction and disregard for our lovely natural environment is shocking. Unfortunately the individuals don’t seem to realise that their behaviour doesn’t just impact on them but the enjoyment of others.

“We urge anyone who witnessed the incident and has not yet reported it to North Yorkshire Police, to do so.”

The Stray Ferret also spoke to North Yorkshire Police, it said the incident had been reported at 7.40pm last night. In a statement the police said:

“We would advise anyone who witnessed the incident but has not reported it to the police to get in touch.

“Incident number 12220108383.”

Parcel delivery firm DPD has been charged £374 plus VAT for one of its vans damaging the Stray in Harrogate.

The Stray Ferret reported last month that a DPD van had got stuck in the mud when it attempted a shortcut over the public parkland

Tyre tracks indicated the driver had tried to bypass the recent road closure on Beech Grove by mounting the snow-covered Stray but was unable to complete the manoeuvre in the wintry conditions.

The Harrogate Stray Act 1985 made Harrogate Borough Council protector of the 200 acres of land.

A council spokesperson said:

“Following the damage caused in February, DPD have been charged £374 plus VAT to cover the costs of repairing The Stray.

“The ruts will be levelled and area seeded. Bulbs will also be planted to replace any that have been damaged.”

Read more:

• Delivery van gets stuck on Harrogate’s Stray after attempting shortcut
• Flooding reveals ‘major unresolved problem on West Park Stray’
• Ghosthunting with a paranormal investigator on the Stray

Beech Grove closed to through traffic just over a year ago on an 18-month trial basis.A DPD spokesperson said:

“I understand from the local depot that the team have been in contact with the council and that arrangements are being made to pay for repair work.”

The Stray Ferret asked the spokesperson if DPD had taken any action against the van driver, but has yet to receive a response.

A Twitter user called Helen was among those who uploaded photos of the beached van.

https://twitter.com/HellyR1/status/1495077805964595201?s=20&t=6_0_UnvruN9Y_DdG8wRA9w

Judy d’Arcy-Thompson, chairman of the Stray Defence Association, which was set up in 1933 to safeguard the Stray from encroachment, said she hoped the van driver had not lost their job.

She added:

“However, it was a very daft thing to do.

“Taking short cuts in bad weather almost inevitably ends in disaster of some sort. Taking one in snow across the Stray was foolish in the extreme and also caused a great deal of damage, plus being illegal.

“Let’s hope that others take note and a lesson has been learned.”

Large swathes of The Stray in Harrogate remain flooded today after heavy rainfall from Storm Franklin.

The Stray underwent major repairs two years ago to improve drainage in the area near the Prince of Wales roundabout.

But that area, and many others, is under water, raising questions about what, if anything, can be done to improve matters.

The Stray Defence Association, which has campaigned to safeguard the Stray since the 1930s, posted on its Facebook page:

“Clearly there is a major unresolved problem on West Park Stray, whatever certain people say.

“Looking at the dire state of West Park Stray today this has never been the case over decades past … when in winter we often had 5/6 feet of accumulated snow melting on a regular basis as well as heavy rain.

“Tree roots are standing in water much of the time now, not just over this weekend. This is an environmental disaster in the making.”

£160,000 repairs ‘not money well spent’

Judy Darcy-Thompson, chair of the Stray Defence Association told the Stray Ferret.

“£160,000 was spent on repairs in 2019 and it was not money well spent since we’re still seeing flooding of this level.”

“There is also a concern about the number of trees being cut down around the area … these were protecting the area from floods, and the situation is only getting worse.”

Harrogate Borough Council, which is the protector of the Stray, was forced to repair the Stray in 2019 after the UCI World Championships caused extensive damage.

We reached out to the council for comment but did not receive a response.

Read more

• West Park Stray — 12 months of mud, repair and debate
• LIVE: Flooding clean up begins across Harrogate district

Locals also expressed their concerns over vehicles causing damage to the Stray after a van got stuck in the grass on Saturday afternoon.

https://twitter.com/HellyR1/status/1495077805964595201?s=20&t=wkvUuA4vc2wJodk1iPXEIA

Ms Darcy-Thompson said:

“These images have gone to the council and I have suggested that the driver pays for the damages they have done.”