The Battle for Broxhead Common
to be or not to be a bridleway
The Case for Hampshire County Council – PART 114
- Well, I suppose I had managed to get rid of the Terminator gate and the rails beside it, so at least one end of that section of BW4 is now open at the Lindford side of the field, and the gate at the other end had been re-arranged, but what needs to be known is that at this time I was still dealing with the aftermath of the Public Inquiry decision by Planning Inspector, Mark Yates.
- On 8th January 1999, I had claimed bridleway routes of 20-year user around the edge of the unlawfully enclosed 80 acres and across the unenclosed parts of the common now leased by HCC from Mr Whitfield. These can still be seen on the older OS maps. They would join with the existing bridleways to make a circular route so that the common could be accessed on all sides by horse riders.
- The application was made to HCC but did not make it to the Regulatory Committee until 1st November 2005 where, as I had come to expect, it was refused. That necessitated an Appeal to the Planning Inspectorate and eventually the decision of Planning Inspector Mark Yates.
- The decision dated 23rd April 2007 stated that he could not order the tracks be designated bridleways because he said:
2007 PI Mark Yates for Broxhead claim for BW’s08122020 - “In particular, a lease has operated for the whole of the relevant period which provides for public access for air and exercise. There is no apparent limitation in terms of use by horse riders; however, I consider that the lease would constitute a permissive right of access in relation to use of the claimed routes.”
2006 email to County Cllr. re signs on common17022021 - The sting in this story is that as soon as I had made that claim stumps were placed on every available track on Broxhead Common forbidding horse riders’ access, where they probably remain to this day.
- Nonetheless, Inspector Yates had made a good point in asserting the rights of horse riders to access that area of Broxhead common land and I lost no time in asking HCC when the paths would be cleared to make them available.
- It seemed to me that the objectors to the application were overreaching themselves and in doing so discriminating against horse riders.
BW46 BROXHEAD COMMON (3).jpg sign after application for bw’s
04-09-08_1201Stump sign just visible
Next time: the background to this application.