The Battle for Broxhead Common
The Case for Hampshire County Council – PART 41
- An exceptionally large sign had been strategically placed near the junction with BW54 and my previous bridleway claim, just before the last Public Inquiry. It seemed odd because it was directed at people leaving the common rather than entering it?
- I had seen no planning applications and more of these large and intrusive signs were appearing. There had been no consultation with the Broxhead Commoners about this, so I made an EIR/FOI for the consent from the Secretary of State which would have been needed as they are all on common land, and one of them is actually on BW46.
- 18th January 2012, I receive a response from my EIR enquiry. It tells me that the signs do not fall under sec. 38. CA 2006 so no consent is required.
An email from a Senior Map Review Officer says something similar but includes the statement “We have no evidence that Broxhead is a common to which section 193 of the Law of Property Act applies….”!!!!!!!!!!!!!!!!!!!!!??
2012 The signs on Broxhead Common06032021.pdf FOI
email from Emma Noyce06032021 - 19th January 2012, I reply by asking a few more questions and referring them back to sec. 38/39 CA 2006
(a)works which have the effect of preventing or impeding access to or over any land to which this section applies;
383(b)the construction of buildings and other structures,
and these were structures not mere signposts. In addition, they were by the wording, impeding the rights of horse riders to access the common from any point of view. Although clear, the information was not accurate. - I receive another email from HCC’s Head of Countryside. In the last paragraph they are still rejecting the right of horse riders to access the land under the terms of the lease. They have been and are continuing to reject the decision of the Planning Inspector to the 2006 Public Inquiry. Because they have not appealed the decision, there is no way to correct yet another of their mistakes. This is not fair, right, or proper, to quote Winston Graham. Where is democracy?
2012 Andrew Smith re signs - Well if I cannot get the answers from the official source, I will have to ask the boss himself.
Next time: I write to the Chief Executive of Hampshire County Council.
