The Battle for Broxhead Common
The Case for Hampshire County Council – PART 40
- 14th December 2011. I made further enquiries regarding the documents I had been sent under EIR and point out that the ‘Land’ section of the Register is not amongst them. Also, that the copy of the Consent Order is missing page 3. Has it been missed or is it not there?
- A reply from the Freedom of Information Co-Ordinator apologises and sends copy of the ‘Land’ section of the register. Most interestingly she confirms that despite a thorough search she cannot find a copy of the Consent Order of the Court of Appeal May 1978, with page 3. In addition, the copy which they hold only came to them in 2002 and has page 3 missing! No doubt that is the copy from Headley Wood Estates (See Part 24)!
14th December 2011 emails under foi HCC cannot find page 3 - Question is why has HCC not got a complete copy in its files?
- My last query to HCC concerned the difference between the Final Disposal Notice dated 18th December 1978 for entry No.3 which is that of the ‘said’ landowner which simply referred to the exclusion of the land edged red on the plan hereunto annexed marked GDS1 and GDS2. Undoubtedly this would mean the small areas referred to in the Land Decision, as against the Register Sheet for the Land Section dated 1st August 1979 which shows 80 acres have been removed?
Broxhead Final LAND Decision 197417072020 (2) - Her explanation is clear in that the FDN became final on the date at the top which is 24th May 1978 while the date at the bottom 18th December was when the notice was sealed. There was only one FDN.
- Therefore, the record sheet stating 80 acres has been removed in accordance with the Final Disposal Notice dated 18th December 1978, cannot be correct, because CRA 1965 Sec.7 (1) states, “…the registration shall become final at the date of withdrawal” and Sec.10 CRA 1965 states the date of registration is conclusive evidence of registration! No change to the Final Decision could be legally made!
Broxhead Registration LAND FDN 22082020
Next time: Now new large and intrusive signs are being erected on the common land telling horse riders to keep to the bridleways? There are only two bridleways and they are in the form of a cross!