The Battle for Broxhead Common
BW47 Linsted Lane, Broxhead Common looking back to Headley Wood Farm
The Case for Hampshire County Council – PART 70
- Following the statement that Mr Whitfield intended to replace the fencing, John Ellis immediately issued an injunction restricting the replacement of the fence, but that only lasted for ten days before a County Court Judge decided that as a Commons Commission had been set up to hear these disputes, he would make an interim judgement to allow Mr Whitfield to temporarily re-erect the fence, pending the commission hearing.
- The judgement had lasted for five hours and the judge must have known that complaints had been made about the unauthorised fencing with both Headley Parish Council and Hampshire County Council ten years previously, because it appears in the relevant minutes. They show that Hampshire County Council determined to institute proceedings under Sec.194 Law of Property Act 1925 for the removal of the unauthorised fences around the 80 acres.
1964 Complaint re fencing on Broxhead- Open Spaces Committee HCC
5.3.64 HPC ask HCC if they have given permission for the fencing - This might therefore, have seemed to be the moment when the judge could see justice was done, but instead he decided to wait another how many years for the Decision of a Commons Commissioner!!
- Broxhead Common is ancient with established rights which is why HCC had provisionally registered it. The decision of the Commons Commissioner should have been a foregone conclusion therefore.
1968 Headley PC 4.4.68 Agree to register Broxhead - Tuesday 17th September 1973, is the date of a meeting arranged by Mr Whitfield, for public and commoners to discuss the future of Broxhead Common east of the Sleaford/Lindford road. (B3004)
BW47 diverted from Linsted Lane to this between pastures.
BW47 diverted from Linsted Lane
Next time: Let battle begin