The Battle for Broxhead Common
C102 Headley Park on the bends
The Case for Hampshire County Council – PART 122
- 24th June 1996. A reply had come not from EHDC but Hampshire County Council. It said that “I note from your letter that you regard your client as a member of a class, namely that of a highway user. With respect it would appear that your client is abnormally sensitive…..If you consider that a tort has been committed by the rifle club, then your action must lie against the tort feaser.”
1996 Solicitors Letter to EHDC - To cut another long story short I judicially reviewed their unhelpful decision and was grateful to the Judge who gave me leave because he said it was a matter that could be resolved by discussion and agreement.
1996 HCC to Shentons re rifle range - That should have settled the issue except there was no discussion or agreement before Hampshire County Council lost no time in scurrying up to London to get the action removed.
1997 Judicial Review granted - But I was not giving up. In May 1998 I wrote to County Councillor Mike Roberts, and he advised writing to Ted Mason in the Council’s Chief Executive’s department, which I then did.
1998 Roberts to MC - 13th March 1998 the reply came from Mrs Tett in HCC’s Legal Practice, in which she says that “the land opposite the rifle club is not common land and is privately owned and the highway at this location consists of the carriageway and only a narrow verge which is too narrow for the accommodation of horse riders. Therefore, the County Council has no plans to make a Creation Order for a Bridleway under Section 26 Highways Act 1980.”
1998 MC to HCC re rifle range - 18th March 1998 I replied by refuting her suggestion that the land was not common land as I had already checked with my contact in the Chief Executive’s Department. I also quoted information from my recent successful application to upgrade FP54 to bridleway.
1998 MC to HCC re rifle range - 31st March 1998 the reply came, this time from the man himself. He was obviously very rattled by my success the previous year in achieving the upgrade to FP54 after 20 years of trying.
1998 MASON to MC re rifle range - 23rd April 1998 he wrote again saying that the strip of common land in question does not form part of the highway so Sec. 71 HA 1980 does not apply.
1998 Mason to MC re verges
2014 vandalising the common land by Headley Park
Next time: I am still not giving up.