TCHCC – PART 26

By admin | Published 26/02/2021

The Battle for Broxhead Common

The Case for Hampshire County Council – PART 26
  1. We had a look at the HCC Land Sub-Committee minutes in Part 3 but after reading the letter from Headley Wood farm to the Chief Executives in Part 24, it will be of interest to look again.
  2. Paragraph 9 of that document states that: “After lengthy negotiation terms have been agreed by all parties and they were approved by the Court of Appeal on 24th May 1978.” Except of course this was not a matter to be negotiated because it was a matter of LAW. However, the law would be complied with if the Schedule approved by the Court of Appeal for the dismissal of the case, was adhered to.
  3. There follows an outline of the package of agreements that the parties have come to, but of note in paragraph 10 is that: “The owner may use his enclosed area with the prospect that the overall package now agreed should enable him to obtain the Secretary of State’s consent to authorise the fencing with support from the County Council……”
  4. When at a later date HCC were asked why such authority had never been sought, they replied that since the 80 acres is no longer common land there was no need to seek consent. This is an admission that they had not obeyed the terms of the Schedule to the Court of Appeal which had required application to the SOS for fencing the 80 acres. They are therefore IN CONTEMPT OF COURT.
    Mason to Potter 1989.jpg
  5. Paragraph 9d informs that the ‘owner’ will pay two thirds of the costs of the County Council and the B.C.A. in connection with the hearings before the Commons Commissioner and the first appeal (High Court).
  6. Hampshire County Council have therefore exchanged the common land for their package of measures and a contribution of costs rather than follow their legal obligations under the LAW of the land.
  7. It is now clear that the Broxhead Commoner’s have been denied their common rights and the public their rights of access, because of the criminal actions of their County Council.

Next time: My claim for bridleways on Broxhead Common reaches the top of the pile.