The Battle for Broxhead Common
BW47. Linsted Lane used to be the start until 1973
The Case for Hampshire County Council – PART 68
- 14th July 1970 is the date of the Assent and Conveyance deed which changed the ownership of Headley Wood Farm to A. G. P. Whitfield. This and the previous Assent and Conveyance dated 1962 expose there are no previous deeds or documents to show ownership of Broxhead Common itself.
However, despite this it would not be long before the new ‘said’ owner revealed his intentions! - 1st June 1973 to be exact: an Order is made by Hampshire County Council to divert FP3 and BW47 from the an old highway, Linsted Lane, which runs past Headley Wood Farm across the common to Sleaford. Here it crossed the A325 to Kingsley Common.
1973 Common Diversion Order for Broxhead Common - It was done, it is stated, for securing the efficient use of the land!?
The lane is an ancient highway and the part of the FP/BW to be diverted from it, would now run across pasture. It was therefore, perfectly obvious that efficient use of the land actually meant obscuring all public rights of way from the farmhouse!
1962 Map of Broxhead Common - The problems with this diversion were the inclusion of five gates over a relatively short section of the path, a very steep bank with a hairpin bend, leading to an ancient viaduct of insufficient statutory width for a bridleway. These alone would have provoked numerous objections. However, Hampshire County Council’s principal rights of way Officer had said that if we did not object and were seen to be reasonable then the landowner may well be reasonable too and agree to upgrade the north end of BW4 (FP54) to bridleway. This would give horseriders a legitimate right of way to access the common from the north, linking to Cradle Lane (RUPP).
- It was not until all had been signed and sealed that we were informed the new ‘said’ landowner had refused to agree an upgrade of FP54 to bridleway!
- The Diversion Order is made under the Highways Act 1959 and Countryside Act 1968, so why was the Order Map dated 1940? Interestingly it shows the common before it was fenced? As the unauthorized fencing is not mapped could this make the Order invalid?
Broxhead Common Plan C annexed to Map 89
BW47 entrance from Frensham Lane
Next time: A reply from the Hampshire County Council to John Ellis