Registered Charity No. 702429

CUT BOTH WAYS WEBSITE ARCHIVES
The Magazine of the Lichfield & Hatherton
Canals Restoration Trust

Issue No. 38 - WINTER 2004
Other Reports

LAND OFFICER'S NEW YEAR THOUGHTS

LOOKING BACK
As I review the Trust's progress in acquiring the land we need for our restorations it occurs to me that if an historian, writing in a decade's time, were to look back at our records of land purchases in the year 2003 he or she might conclude that we not done much work and had achieved nothing. He or she would be right in that the Trust does not own one square inch more land today (31st December) than it did on 1st January. However, despite many distractions by the M6(Toll) and the need to hit the tight timetable for our ERDF grant, a great deal of work was done this year and much of it will bear fruit in the coming year.

In 2003 we agreed purchase terms with 3 landowners and (subject of course to the negotiation of the contracts) our solicitors will complete the formalities in the next few months. We are in the process of acquiring a small area of land adjacent to the M6(Toll) aqueduct which we will need when we raise the embankments bring the water channel up to the level of the aqueduct. We have also agreed to purchase some 5 acres of land near Great Wyrley that we will need for the new section of the Hatherton Canal, and we have agreed in principle, but have yet to finalise the detail, the purchase of the land needed for the reconstruction of Cappers Bridge near Lichfield. This latter exercise requires the purchase of about ¾ acre of farmland on either side of the highway to accommodate the embankments needed to meet the modern road construction criteria - hump backed bridges are no longer permitted! The provision of the land needed for the bridge works is complicated as we must also arrange the transfer of very small areas from British Waterways close to the bridge hole - some of this land was conveyed to the Highways Authority when the original bridge was demolished but some of it was retained by BW. The resolution of which authority owns which part of this territory is taking up a lot of time as the boundaries seem to move each time a new plan or Deed is discovered.


Picture from Lichfield Cruising Club, captioned as "Cappers Bridge near Huddlesford Junction in about 1900".
The BCN scoop-wheel boat being used to drain a section of the Wyrley & Essington Canal by an engine boat with boiler
on the far side of the stank, driving by cardan shaft the wheel on the boat which is sunk in the section to be drained,
and which is a very effective way of lifting water over a low obstacle.

One major disappointment in 2003 was the sale of land which would have enabled us to extend our area of activity near our work sites beside the Tamworth Road in Lichfield. We had been in discussion with the owner for a number of years but were unable to offer him the sort of money he wanted. After we had invested many long hours in discussion with him and with other parties willing to help us buy the area we wanted, the property was sold at auction for a sum way beyond everybody's expectations. We are now in the process of establishing contact with the new owner so we can start discussions all over again.

We have identified, and established contact with, 4 additional landowners on the Hatherton route, 3 of whom have agreed to co-operate with us. One of these, the Staffordshire County Council, which owns extensive land on both sides of the A5(T) near Great Wyrley has most generously agreed to convey to us however much of their holding we need for the new canal channel for the token sum of £1.00.

LOOKING AHEAD
The completion of these three purchases will be our immediate concern in 2004. On the Lichfield Canal we are in discussion with landowners about the terms for buying 5 further parcels of land. Some of these negotiations have been progressing (and at times not progressing) for a number of years but we will press on as best we can. There is no doubt that the publicity we have received over the completion of the M6(Toll) aqueduct and the Churchbridge tunnels has benefited our land programme as landowners who have in the past had doubts about our ability to complete the restorations have come to realise that we are a serious business and that dealing with us might even be to their advantage. We have recently established relationships with some landowners who previously did not wish to even discuss our aspirations with them

FUNDING
The rate at which we can make progress is, of course, limited by our ability to raise the funds needed, but with our new 'Regular Giving Scheme' fund-raising appeal, which provides donors with the option to elect to contribute directly to the Land Fund, we hope to be able to devote a greater proportion of our resources to land acquisition now that the enforced expenditure on the M6(Toll) projects are behind us.

Members may like to understand the deliberations that go into deciding how much of their valued contributions are committed to land purchase. In my discussions with the landowners I try to establish what their expectations are whilst making it clear that, as a charity, the Trust cannot meet excessive demands, however enthusiastic we might be about acquiring a particular area of land. Where we feel it appropriate we obtain a professional valuation before making an offer, though for small plots or where agreement seems possible at a reasonable price, we do not - some professional valuers have a minimum charge of £500.00 and this can represent a significant addition to the bill. I then have the problem of persuading my fellow Directors that we should make an offer to purchase at a certain price. This is often a more daunting process than my negotiations with the landowner. I can assure any Members who might fear that their donations are profligately expended that this is far from the case. Some of my colleagues argue passionately for a lower figure as a matter of principle on the assumption that no landowner will ever admit the true value of his property and is bound to be attempting to extort utterly unreasonable monies from our hard won coffers. It can be very frustrating, having arrived at a figure which I believe the landowner might well be prepared to accept, to have to write a letter of offer on behalf of the Trust which I feel sure will be rejected. So, I can assure our readers that their contributions to our cause are jealously guarded and carefully expended and if the process takes longer than ideal, so be it.

As the Trust's activities grow we are becoming increasingly aware that we need to either recruit or consult more professionally qualified people. Though determined to maintain our place clearly in the voluntary sector, we recognise that we must develop our business skills along more professional lines if we are to continue to develop the recognition, support and funding that we need to complete our work. This applies not only to our land acquisition programme, but across the full range of our work.

Mike Smith

ECOLOGY MATTERS 5

More Good News
My invitations for volunteers to join a 'Green Team' published in the last three issues of Cut Both Ways have resulted in a good response. In December eight Trust members met to introduce themselves and agreed to set up a Green Agenda. A further four are set to join us soon. The moral here is to caste seed wide and be patient - some will take root.

We envisaged nothing too formal, just a group of members interested in plant and wildlife regeneration along the canal routes.

To avoid clashing with other working parties we suggested setting aside the second Sunday in each month for routine tasks such as, planting, grass cutting, weed control and scrub bashing. However as some of us are retired (work not being permitted to interfere with canal restoration) and provided access to our sites can be organised, team members can complete some jobs on weekdays.

This is better suited to our work as nature rarely follows a convenient monthly timetable (We all know what it is like trying to cut long grass on a wet Sunday afternoon!).

We hope to produce seasonal agendas and work plans to gradually replant and recover some of the original canal side environment: So much was lost when the Canals were abandoned and vandalised.

Any new volunteers will be warmly welcomed; there is no lack of work to be done. Please contact me on 01543 300090 or email me on mike.battisson@lhcrt.org.uk

Mike Battisson, Environmental Officer

FINANCE REPORT


Whilst we have sought to make the accounts on the following pages (Click here for accounts) easy to read, it may help to have some points explained. Our annual Income and Expenditure have exceeded £1m for the first time, due to the cost of completing the Lichfield Canal Aqueduct before the M6 Toll opened. This brought approval to increasing the previous European Regional Development Fund [ERDF] grant to £779,580, most of which had to be defrayed in the year.

Balance Sheet assets now include land purchased at Norton Hall Farm from the ERDF grant as part of the proposed new diversionary route for the Hatherton Canal. Other land dealings explained by Mike Smith elsewhere in this issue are either still in course or form part of the Lichfield Canal, Cappers Lane Bridge project which falls into the ownership of Staffordshire County Council. Within that SCC contract, part of the ERDF grant allocated for Hatherton Canal "construction" has been used to acquire a quantity of pre-cast concrete culvert segments. These will be held temporarily by the Trust until SCC use them in the future to install under roads crossing the route.

Despite insistence by Government Office for the West Midlands that eligible expenditure qualifying for ERDF claims in 2003 had to be fully defrayed, they have nevertheless invoked a clause by which 10% of the grant payment is retained pending project completion and satisfactory audit - perhaps in a year or two! Under our Agreement with British Waterways to manage the ERDF Hatherton Canal Studies and Reports project, we are liable for funding part of the outstanding cost by alternate means in the short term. Additionally, Cappers Bridge costs indicate a funding shortfall of up to £50,000, depending on contract details, Both of these need to be met in the Spring of 2004.

In the notes to the accounts, we are grateful to Sir John Smith for confirming that the balance from the Manifold Trust grant of £250,000 remains available. Also, the Trust has obtained approval for VAT Registration with some retrospection which will enable us to reclaim a net amount of VAT after professional fees and adjustment to the ERDF grant which was approved on a VAT-paid basis. Introduction of VAT will affect some transactions from now on.

Total subscription income is up by 17% and the Marketing Team have again contributed over £11,000 (net) by representing the Trust to the public at every realistic opportunity. Website transactions have increased as more people become accustomed to this modern communication channel. Competing pressures meant that not so much could be spent on restoration work, but the effort at Tamworth Road was no less for that. I would like to say "Thank You" to everyone who made it possible to achieve so much in just a year.

Bob Williams, Finance Director

ANNUAL GENERAL MEETING

Notice is hereby given that the 14th Annual General Meeting of
Lichfield & Hatherton Canals Restoration Trust Limited will be held at
Whittington Village Hall
off Main Street, Whittington, near Lichfield, Staffordshire
on Saturday 17th April 2004 at 2pm

AGENDA

  1. Apologies
  2. Minutes of the 13th Annual General Meeting 26/04/2003
  3. Matters Arising
  4. Directors' Report
  5. Treasurer's Report and Presentation of Accounts for the year ending 31st December 2003
  6. Chairman's Report
  7. Election of Directors:
    (a) Directors retiring by rotation and eligible for re-election:
      Brian Kingshott
      Stephen Pitt
    (b) Directors co-opted during year and nominated by Council for election:
      Mike Battisson
      Michael Brown
      Peter Magee
    (c) Any other nominations received
  8. Appointment of Auditor: West - Chartered Accountants
  9. Consideration of a Resolution proposed by Council that:
      The annual subscription rate for Concessionary Membership (available to Junior, Student, Retired, or Unemployed members) is raised to £6 from 1st May 2004 for new members and from the next renewal date for existing members
  10. Any Other Business

Note 1: A member entitled to attend and vote is entitled to appoint a proxy. A Form of Proxy can be obtained from the Acting Company Secretary (Bob Williams), to whom they should be returned at least 48 hours before the time appointed for the meeting.

Note 2: A summary of the 2003 Annual Accounts, subject to audit, is included in this magazine (Click here for accounts). Any member wanting a copy of the full accounts in advance of the meeting should contact the Treasurer, Bob Williams.

Note 3: Non-members are welcome to attend but can not vote at the AGM.

ABANDONMENT


2004 marks the 50th anniversary of the official abandonment of the Lichfield Canal in 1954, with the Hatherton Canal following in 1955. It is worth considering just what 'abandonment' actually means.

What we now refer to as the Lichfield Canal was but a part of the Wyrley & Essington Canal which was first authorised by an Act of Parliament in 1792, with its extension from Birchills at Walsall to Huddlesford Junction being authorised by a second Act in 1794. This second Act, and also an Act of 1840 which merged the Wyrley & Essington with the Birmingham Canal Navigations, were looked at in my articles "In The Beginning" in Cut Both Ways 18 & 20 (1999). Rights that have been created by Parliament can only be extinguished by Parliament, and the British Transport Commission Act of 1954 abolished both the rights of navigation and any obligation by the owners to maintain the navigation or the water supply.

Clause 14(2) states: As from the passing of this Act -
(a) all rights of navigation along on or over the waterways and all rights of user by barges or other boats of the waterways shall cease and be extinguished; and
(b) the Commission shall cease to be under any obligation (whether statutory or otherwise) to keep the waterways open for navigation or to maintain the same in a navigable condition or to preserve the supplies of water thereto for the purposes of navigation or to supply the waterway with water for those purposes.

This relates to the Second Schedule which includes:
Wyrley & Essington Canal:
The portion known as Ogley Locks from the junction of the Anglesey branch with the canal near Anglesey Bridge in the urban district of Brownhills to the termination of the canal at Huddlesford Junction in the rural district of Lichfield all in the county of Stafford.

It may be noted that the Act does not prevent maintenance or use of the navigation, only the obligation or rights to do so. Several canals which were officially abandoned in this way have in fact remained navigable, such as the Llangollen Canal, abandoned in 1944. Other parts of the Wyrley & Essington that were also abandoned in the 1954 Act, in law and in practice, included the Sneyd branch, Wyrley Bank branch, Hayhead branch, and the Lords Hayes branch (note the proper spelling, not Lord Hay's as nowadays usually misnamed). The Act also abandoned various other branches of the BCN and other waterways.

The Hatherton Branch Canal, which was opened in 1841, was one of only a few waterways not specifically authorised by an Act of Parliament; presumably being covered by the original Staffordshire & Worcestershire Canal Act of 1766 which permitted branches and by agreement with all the landowners, principally Lord Hatherton, obviating the need for compulsory purchase powers. Nevertheless, it was specifically abandoned by the British Transport Commission Act of 1955, which uses wording identical to that quoted above but under Clause 14(2) and in the Fourth Schedule. This also includes the Churchbridge Locks which had been authorised by the Birmingham Canal navigation Act 1855.

Birmingham Canal:
The portion known as Churchbridge Locks from its commencement by a junction with the Cannock Extension Canal to its termination by a junction with the Hatherton Branch of the Staffordshire and Worcestershire Canal west of the bridge carrying Watling Street over the said portion all in the urban district of Cannock in the county of Stafford.

Staffordshire & Worcestershire Canal:
The Hatherton Branch from its commencement at Hatherton Junction in the rural district of Cannock to its termination in the urban district of Cannock by a junction with the portion of waterway last described all in the county of Stafford.

Again, the 1955 Act also abandoned several other BCN branches and other waterways. It is interesting to note an apparent anomaly however, in that it quotes the Authorising Act for the Hatherton Branch as being the Staffordshire and Worcestershire Canal Act 1903 - some 62 years after it opened ! There may be scope for some more historical research here.

Phil Sharpe

Donations to the trust
Amounts over £20 from 1st October 2003 to 31st December 2003
Land Fund Restoration Fund
Mrs J M Blank (pledge) £240.00 Stanley G Taylor £50.00
Mrs H V Smith (pledge) £720.00 C J Docwra £50.00
Miss D M Skilbeck (pledge) £490.00 Charitycard Internet Payment (anon) £100.00
Mr C G Watmore (pledge) £600.00 Dr I M Thompson £50.00
J H King (pledge) £300.00 R T Willis £28.09
W B Brown (pledge) £144.00 Aggregated donations up to £20 each £65.00
Dr P F Godfrey (pledge) £50.00 Brick Appeal
Mrs B M Nichols £100.00 J A Oliver £20.00
A D Brookes £25.00 Colin & June Hannaford-Day £100.00
Mike & Bobbie Battisson £50.00 Tim & Jacqui Holfold £20.00
Richard M Glen £150.00 R T D A Haveron £40.00
John Moreton £100.00 Mr & Mrs R Chester-Browne £20.00
L T Flower £50.00 J N Potts £100.00
E E Hankins £100.00 M J Davies £20.00
A Norgrove £25.00 S B Wheat £20.00
J W Robinson £70.00 General Fund
Humphrey J Terry £50.00 Mr C G Watmore £100.00
Rev A J G Cooper £50.00 Ms J E Davies (with sub.) £25.00
J L Norton £100.00 H Wootton (with sub.) £45.00
David Stanistreet £90.00 Ashby Canal Society (Eric Wood talk)£25.00
Stanley G Taylor £50.00 Hammerwich Environment Group (talk) £30.00
C J Docwra £50.00 Ellesmere Port Boat Museum Society (talk)£35.00
Aggregated donations up to £20 each£219.00 IWA Notts & Derbys Branch (talk) £50.00
  Shenstone Library (talk) £25.00
  Brian Kingshott (returned expenses)£394.32
IWA Chiltern Branch (Suchet additional)£40.00Phil G Sharpe (returned expenses) £28.13
Dr G T Whitfield (additional) 250.00 Aggregated donations up to £20 each £310.00

New Members to December 2003

Mr D Stevens Chasetown Mr F J Blundred Newcastle on Tyne
Mr J S Wilson Burntwood Mrs M Furneaux Lichfield
Dr M Bridge Littleborough Mr & Mrs R Howse Southhampton
Mr S P Randall Cannock Mrs A E Kearney Pershore
Ms L L Birch Hendon Mr & Mrs J Taylor Muckley Corner
Mr J Martin Llanymynech Mr & Mrs J Ball Shenstone
Mrs D Sowerby Mapperley Sir John Smith Ch, CBE Maidenhead
Dr David Fletcher CBE
& Mrs Mary Fletcher
Berkhamstead    

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