TCHCC – PART 39

The Battle for Broxhead Common

The Case for Hampshire County Council – PART 39
  1. No wonder HCC had requested that no historical information be considered at the forthcoming Public Inquiry. (Part 36)
  2. 28TH June 2011 the date of the next Public Inquiry, to be held in the Kingsley Village Centre, where I again must submit to four hours of questioning by HCC?!
  3. 20th September 2011, the date of the decision by the Planning Inspector. He decides the routes shown on all the historical maps do not provide evidence of a public bridleway and the Finance Act 1910 records do not provide evidence of the status of the claimed route over the common despite the award of £655 for Public ROW or User.
    1910 FA Record Book24042019_0003.
  4. In fact, the 1787 map of the Survey for Geo.111 does show the claimed way as a ‘road’ but he chose to disregard that merely noting that it was “interesting”. We also pointed out that the claimed path was on and led to the common which was a place of public resort before it had been fenced without authority in 1963.
    1787 Part of Commissioners Map
    1787 Commissioners Map.jpg showing roads etc.
  5. Nevertheless, he refuses to confirm the Order and in addition awards costs of £3,000 against me for providing too much evidence for the objectors to read.!!!??? Except that they should have read most of it at the previous Public Inquiry and PINS themselves had told me to present as much evidence as I could (see Part 34/35).
  6. However, my lawyers advise I do not Judicially Review again because they have concluded there is something wrong with the registration of the common land itself. I am advised to dig deeper to find out what it is.

Next time: I realise that to get to the bottom of this malfeasance, I need to educate myself on the law of common land and how it should work.