The Battle for Broxhead Common
2024 C102 Broxhead Common
The Case for Hampshire County Council – PART 125
- So, that is how I had arrived at my claim for a bridleway between BW54 and Cradle Lane, which I had submitted on 9th October 2000 and was still waiting for HCC to progress, when Planning Inspector Mark Yates made his decision for bridleways on Broxhead Common in April 2007. He had decided that the terms of the lease already gave horse riders permission to ride on the common.
- Jim Colbourne, my friend and mentor in rights of way matters was also totally frustrated with EHDC and HCC. The problems often came about because of the contract set up between them. This permitted EHDC to have control of rights of way in East Hampshire but invariably meant HCC would be used as a negative excuse when anything needed to be done. Jim complained to the Local Government Ombudsman about this situation.
2001 The Wade Way 2 2 - 31st October 2000 the Ombudsman published his report and found maladministration in East Hampshire District Council and Hampshire County Council’s handling of Rights of Way Matters.
The Ombudsman recommended that both Councils undertake a review of arrangements for the inspection of footpaths including the adequacy of resources.
2000 Maladministration - 20th April, 2001, however, the Highways Authority of HCC had admitted to the court that they may have a duty of care for horse riders under sec.130 HA 1980, so as Mr Justice Sedley had said that it was a matter that could be resolved by discussion and agreement I thought it worth pointing out that the ‘landowner’ had a planning application in the vicinity so perhaps clearing the old highway over the common land so that all non-motorised users (NMU’s) could enjoy it as a bridleway, might be an opportunity for a planning gain?
Sadly, as with all other such opportunities it came to nothing, probably because as was becoming obvious, council’s generally preferred cash incentives under s.106 agreements rather than legal rights etc.
2001-20-04 MC to EHDC PLANNING - 10th October 2002, considering all the foregoing I had hoped that my claim for a bridleway now numbered 694, would have helped focus HCC’s attention on the need to clear a few fallen trees on a path we had been using since time immemorial and is shown as part of an old highway to Lindord, so I wrote again to the friendly rights of way manager.
2002 16_10_02 MC to AS
2024 C102 Headley Park
Next time: to be continued