The Battle for Broxhead Common
The Case for Hampshire County Council – PART 23
- It had been third time lucky for Hampshire County Council to get the diversions it wanted to BW’s 4 and 46, but it would take another seven years to restore the missing link in BW4 by way of a Creation Order in 1997.
- My focus was to restore not only the missing link in BW 4 but a comprehensive network of paths over the common land which had been and were being used by horse riders. Despite all the foregoing, the aim of the land managers appeared to be to let it overgrow with gorse and brambles so that access by the public was all but impossible.
- Another path ran across the common land from the newly created BW54 to Cradle Lane. This would be beneficial in taking horse riders off road away from the proximity of the Headley Park Rifle Range. It would also avoid the dangerous bends on the C102 at the end of Cradle Lane and adjacent to the Headley Park Hotel.
- This path had been in use until the October 1988/90 cyclones blocked it. Since then, I had been asking East Hants District Council if the treefall could be cleared to provide a cheap and easy solution to the problems.
- A claim for a right of way can take at least five to ten years and more before being taken up for research by the countryside team, so hoping for a quicker solution I had asked Hampshire Highways to consider the problem under sec. 130 Highways Act 1980 where there is a duty of care to users of the highway.
- Sadly, my not unreasonable request was refused. So on:
- 16th April 1997, I Judicially Reviewed their refusal and won. The judge said that this was a matter which could be resolved by discussion and agreement.
2007 Judicial Review granted05022021 - Obviously not something HCC were keen to do as they rushed to Cherie Blair’s Chambers and had it removed!?
- In 1999/2000 I submitted the above claims under Sec 53(2) WCA 1981.
Next time: We look at a letter from the Estate Manager for Headley Wood Farm in response to enquiries about Broxhead Common and CROW 2000.