The Battle for Broxhead Common
The Gate, Broxhead Common junction BW46 & BW4.jpg Before the hedge was planted in 2016
The Case for Hampshire County Council – PART 62
- I had by now realised that there was no help to be found in the more expected places. I had exhausted enquiries through my MP and the many government bodies set up to protect our interests. Nevertheless I realised that every T had to be crossed and every i dotted if I was to pursue justice for the commoners of Broxhead and the neighbourhood. I felt impelled to discover just what had gone wrong in the legalities of this peculiar case.
- It was time to seek more professional help.
- I had been lucky in one sense in that my nephew had grown up to become a barrister. It was he who had told me that the Consent Order from the Court of Appeal was not what it was being made out to seem. It was also he, in perhaps what was one of his very first High Court cases, who had won the Judicial Review against Hampshire County Council described in Part 23 of this series.
- The unlucky part was the long wait for this to happen and the fact that he eventually chose to make ‘Intellectual Property’ his expertise rather than Common Land Law!
- However, along the way I have had help from colleagues with the same interest, which is to save as much as possible of our common land heritage for future generations to enjoy for access, wildlife and environmental interests.
- Perhaps most importantly, I have a very supportive husband who has enabled me to take advice and help from a handful of lawyers, all experts in the law of common land.
- It was one of those who pointed out that the copy of Page 3 of the Consent Order from the Court of Appeal, was missing rather than misnumbered as I had at first thought. See PART 37.
So, time and money were the crucial ingredients for the following 2 – 3 years.
Headley Park vandalise the common land.
Headley Park hoping to enlarge their car park!!
Next time: November 2017