The Battle for Broxhead Common
BW47. Linsted Lane used to be the start until 1973
The Case for Hampshire County Council – PART 77
- It is important to note the terms used in the Appeal document.
Reference is to the land owned by the said Mr Whitfield lying to the east of the Sleaford/Lindford road.
1975 Appeal by AGP Whitfield July 197504072017_0001
- Thereafter, such land is referred to as the ‘said land’. Even the last paragraph refers to “the Apellant’s said land is not subject to rights of common and is wrongly included in the register of common land.”
- Whatever, Mr Whitfield single handedly embarked on an expensive lawsuit against the carefully considered decision of the Chief Commons Commissioner, Mr G. D. Squibb QC.
- 8th January 1976. Help for the commoners was at hand as the minutes of Hampshire County Council’s Rights of Way Sub-Committee and the Headley Parish Council show.
It had been decided to share the court costs 50/50 with the Broxhead Commoners.
Headley PC minutes
1976 HCC Rights of Way Sub Comm. refers to HRO12092021
- 9th January 1976, the shared costs issue, is confirmed by a report from the County Secretary to the Rights of Way Sub-Committee. The troubling thing is that in referring to the Final Decision of the Commons Commissioner he omits to point out that the Land is registered whatever the outcome of the modern applications for common rights, because of the ancient manorial rights attached to it.
1975 January HCC Report of the County Secretary re Broxhead Common - That had been plainly stated by Mr Squibb in his Final Rights Decision. (part 74 this series). In which see Page 2 last paragraph and Page 3 first paragraph. He then makes it clear that it is the applicants for common rights that are the subjects of this dispute. Page 5 first paragraph confirms the common rights on both sides of the road. Page 6, last paragraph again confirms rights of common in the soil and pasture over the whole common. Page 14 first paragraph is very revealing and confirmation yet again that in fact he is considering one common albeit there are roads across it. Page 15 second paragraph again confirming rights over the common east and west of the Sleaford/Lindford road.
BW47 path from the wood enters Frensham Lane
Next time: more mistakes, to be continued.