WILDLIFE AND COUNTRYSIDE ACT 1981
THE HAMPSHIRE COUNTY COUNCIL (EAST HAMPSHIRE DISTRICT NO. 27) (PARISH OF H£ADLEY) DEFINITIVE MAP MODIFICATION ORDER 2008
CLOSING SUBMISSIONS
ON BEHALF Of THE APPLICANT
MRS MAUUEEN COMBER
IN RESPECT OF THE PUBLIC INQUIRY COMMENCING ON 28, 11 JUN. 2011
These closing submissions first address the historical background and map evidence and then consider the modern user evidence. In its Opening Statement to the Inquiry the Applicant set out in detail the relevance of the ‘commons history’ to this claim. It is acknowledged that the Inquiry is not directly concerned with the status of Broxhead Common (in whole or in part) as registrable common land. The Inquiry’s concern is simply whether the bridleway claim is made out.
However, the question of whether part of the claimed route passes over common land, or is capable of giving access to such land, is clearly relevant in determining (i) whether the bridleway leads anywhere that would be of interest to members of the public on horseback (or whether, when BW54 was a footpath, it was a cul-de-sac route); and (ii) whether (particularly given the evidence from the 1974 Commons Commissioner’s Report) it was likely on the balance of probabilities that defined tracks on the ground were used by the public or were merely private routes.
The maps provide evidence, starting with Taylor’s map of 1759, the ‘Alice Holt’ map of 1787, and Milne’s map of 1791, continuing through to modern Ordnance Survey maps of Cradle Lane south of Picketts Hill, all showing a remarkably consistent alignment over the past 200 years. HCC agree that this is significant evidence to the claim.
It is accepted that maps alone are not conclusive regarding status. What they indicate must be interpreted sensibly alongside other available evidence to determine, on the balance of probabilities, the likely status attributed to any particular route, although evidence concerning the public status of the extension of Cradle Lane is overwhelming, (indeed, it is included within land registered today as common land).
Next time: to be continued.
All 'TCHCC' Parts so far
