The Battle for Broxhead Common
The Case for Hampshire County Council – PART 43
- 31st October 2012 is the date of the response to my letter dated 14th February 2012. It came from Hampshire County Council’s Head of Information Compliance and not from the CEO to whom it was addressed.
HCC RESPONSE BROXHEAD 31.10.12 - I note the usual story, that the High Court or Court of Appeal had ordered them to extract the 80 acres has been dropped from the narrative. Now in the 4th Paragraph they are saying that the FDN dated 18th December 1978, instructed Hampshire County Council to remove this land from the Register following a Court of Appeal Order!!
- That is impossible under the legislation, but if it had been the case and they had cancelled the provisional registration, why had they not also cancelled the owner, as Sec.6 (3) CRA 1965 instructs?
- The Chief Commons Commissioner’s integrity was never in question. Besides, having won the appeal against his 1974 Decision, in the High Court and the Court of Appeal, why would he wish to change anything at all?
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- The case had been dismissed from out of the Appeal Court and his decision affirmed.
- Without a Hearing the Court could not have made any Orders.
- The Court of Appeal cannot order anything which is perverse or against the public interest. Removing 80 acres of common land most certainly would have been.
- It is false to say there was one remaining commoner with rights. There are nineteen other commoners with rights over the whole common.
The Final Paragraph tells me not to contact them again otherwise they will implement their policy of unreasonable complainant behaviour.!?
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- During the whole of this time, it was never suggested we should meet or discuss the missing 80 acres of Broxhead Common.
Next time: Is there anything or anyone at HCC that can be trusted?
Democracy seems to have disappeared from their vocabulary!
