Horseytalk.net EXCLUSIVE
RIDER RIGHTS
“Without horseytalk we might as well all dig a hole and jump into it.”
– Maureen Comber
The Battle for Broxhead Common
Bluebells on Baigents Hill
The Case for Hampshire County Council – PART 130
- 3rd April 2009, Hampshire County Council’s objection to the Secretary of State’s Order for a bridleway between BW54 to Cradle Lane would necessitate a full Public Inquiry. The Planning Inspectorate had written to ask me if I would be prepared to take the lead.
2009 -4-3 from Planning Inspectorate copy - I readily agreed thinking it would allow me to produce the extra evidence I had accumulated and get answers to questions which were being ignored.
- Because I had not heard further from the County Councillor, I wrote to the Planning Inspectorate to let them know that the objection to the Order from Hampshire County Council had been made on the only decision by the Regulatory Committee in 2007. As it represented a material change to their decision it should have been returned to the Committee for reconsideration.
It began to seem as if Democracy and Hampshire’s own Constitution were receding. - 7th April 2009, the Planning Inspectorate contacted me again to ‘thank me for my response and for confirming that I was prepared to take the lead and promote the confirmation of the Order at an Inquiry’ for which they were making arrangements. They also sent me a little green booklet entitled ‘Statutory Instruments ROW Hearing and Enquiries Procedure (England) Rules, within the Guidance on Procedures for considering objections to Definitive Map and Public Path Orders November 2008.’
2009 -4-7 from Planning Inspectorate_Page_1. - On Page 14 under Procedure at the Inquiry (3) it said, “Paragraph (2) shall not preclude the addition in the course of the inquiry of other issues for consideration or preclude any person entitled or permitted to appear at the inquiry from referring to other issues which he considers to be relevant to the inquiry.”
- 15th April 2009, they enquired whether a suggested date would be acceptable.
- 28th April 2009 I was informed that the date would be Tuesday 29th September 2009.
2009 -4-28 Planning Inspectorate to MC
Bluebells on Baigents Hill
Next time: Nor all thy Tears wash out a Word of it. (Omar Khayyam).
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PRIVATE CARRIAGE ROAD UPDATE : Andy Dunlop : Thank you Mr Dunlop for my early and best ever Xmas gift…your public acknowledgment that Denton byway 16 ‘…continued into Glatton’ in 1805!
I’ll trumpet that again because it’s NATIONALLY IMPORTANT FOR THE SURVIVAL OF ALL OUR THREATENED BYWAYS recorded as private carriage roads.
ANDY DUNLOP NOW AGREES that Denton’s byway 16 ‘RAN INTO GLATTON’ as a ‘PUBLIC HIGHWAY OR ROAD’ in 1805! You can clearly see this yellow road crossing the boundary into Glatton in the extract from the Denton Award map below. The colour stops on the boundary line…but, the road goes on into Glatton. This proves that Byway 16 was never a cul de sac serving only a mortar pit as claimed.
But nobody told this to Judge Sedley in the High Court hearing Dunlop v Department of Environment and Cambridgeshire County Council in 1995. So the perfectly sound Byway Orders for Glatton 7 & 5, correctly made by Cambridgeshire CC, were wrongly quashed.
And nobody told this to Inspector Davies who conducted the third and fourth PI’s after said quashing and wrongly confirmed bridleway Orders for Glatton 7 & 5.
This evidence was sitting in the archives…but never, ever came out….so the Dunlop ruling is UNSAFE!
The 1870 OS shows how the ancient Little Street Way in Glatton was swung around from a south east direction to a south west direction at point X in the later 1820 Glatton Award and combined with pre-existing ways to reach Glatton. This gave Glatton one forty foot wide, ditched, drained and hedged all-purpose connecting road to Denton instead of two narrower ancient ways of less utility.
And to further detract from Mr Dunlop’s argument, Parliament made that road repairable by all the inhabitants of Glatton in the same way as they were all obliged to repair all the public roads…so if non-frontagers were paying to repair all the private carriage roads, they could obviously drive over them…because it would have been iniquitous to charge poor ratepayers for repairs to roads for better off, privileged frontagers which they could never drive over themselves according to the Chief Planning Officer, Richard Schofield, according to me and according to common sense and social equity.
Defra’s legal counsel should have brought all this out in court. But didn’t! I think that was tactical. Defra wanted to lose private carriage roads/byways from the Definitive Map exactly like their politicians and officials are now trying to lose cross roads…by denying that they are byways through dishonest and totally corrupt denial of sound historical evidence. They now say “that a route shown on a map as a cross road is NO INDICATION of public rights”!!!! That’s outrageous rubbish. Shame on them! We won’t allow it.
PRIVATE CARRIAGE ROAD UPDATE
