The Battle for Broxhead Common
Cradle Lane ahead exits on bend to C102
The Case for Hampshire County Council – PART 126
- 16th September 2003, the application for a bridleway between Cradle Lane and BW54 was still languishing in the bottom of an in-tray somewhere in HCC when I heard the conservation teams were out on the common, so I wrote to HCC Estate’s, Claire Beverley on 16th September 2003 to ask if they could clear a bit of the common opposite to the rifle range to restore the use of the path.
It will not be a surprise to hear that nothing transpired.
2003 HCC Claire Beverley re land opposite rifle range27022021 - Over six years later 10th January 2006, my application under the Wildlife and Countryside Act 1981 Section 53(2) for a bridleway between BW54 to Cradle Lane, came before the Regulatory Committee.
The research officer for the Council recommended it should be refused.
2007_16_07 _ HCC to MC - This was even though HCC had admitted to the High Court at Judicial Review that they may have a duty of care under the Highways Act 1980, or that the gunshots still frightened the horses on the road or that it was they who had suggested I make the application.
- I was also concerned that the report of the research officer was not making an independent assessment but taking a judgemental approach in recommending my application should be refused. I, therefore, made my representation to the Committee highlighting that there were legal interpretations that were incorrect in his report, one of which was the following: “The settlement in the Court of Appeal in 1978, and the subsequent Lease Agreement between the landowner and the County Council, does not give horse riders a right of access on Broxhead Common. Although Broxhead Common is a registered common and therefore access land as defined by the Countryside & Rights of Way Act 2000, this status does not convey a right of access to horse riders. There is a right of open access for walkers only. Horse riders have a right of access for air and exercise on Metropolitan Commons but not to commons in rural districts as at Broxhead.” This was fallacious. Bilson v Surrey CC Ranmore Common,1998 had made it clear that horse riders do have access to common land. In addition, there was no mention of my appeal and the imminent decision of Inspector Mark Yates who would completely overturn their considerations about the lease.
2007_10_01 MC to HCC Regulatory Committee - 4th December 2007, I asked HCC to explain what the problem was only to find that once again it was the landowner objecting.
2007_05_12 Phil Allen HCC
2007 Objection letter 11.4.07 WHITFIELD
Opposite direction the bend at Headley Park
Next time: I appeal to the Government Office for the Northeast under Section 5Paragraph 4(1) of Schedule 14 WCA 1981.