The Battle for Broxhead Common
Broxhead Common taken 2021
The Case for Hampshire County Council – PART 78
- Continuing to look at the Final Determination of the Chief Commons Commissioner, Mr G, D, Squibb QC:
Page 15 second paragraph confirms two properties with rights over the eastern side and the west side of the common which currently belong to Mr Connell and Mrs Cooke. He specifically notes her grazing rights over the land owned by Mr Whitfield!
1974 November CCC’s FINAL DECISION BROXHEAD COMMON – WHITEHILL AND HEADLEY NO.CL.147 - Mr Squibb then considers the leases of the accepted commoners to assess how many animals they may graze etc. On page 17 he sets it out beginning with Mr Connell where he notes the undisputed rights on the west side and then those on the ‘said land’ which Mr Whitfield as the said owner, disputes.
- Mrs Cooke, entry no. 12 comes at the bottom of the page and just over the page on Page 18 specifically “and over the land owned by Mr Whitfield.”
- Over the next two pages the property owners have their rights recorded on the West side because it was undisputed but now, also over the ‘said land’, that being the land which was disputed by Mr Whitfield on the east side of the Sleaford to Lindford road.
- Page 20. The last paragraph should underline the definitive decision about rights on Broxhead Common because he points out that John Ellis could have supported registration in the Land section by assembling such evidence as he could of the existence of rights of common without persuading those he believed to be entitled to such rights to apply to have them registered.
This was because the documented, existing ancient manorial rights over the whole of Broxhead Common make the common land status indisputable. - John Ellis had merely done what Hampshire County Council had advised him to do. ‘Proof of common land are the commoners so find them’ they said. Except that it appears to have seriously confused the situation as we shall see.
1968, HCC to John Ellis12092021
Broxhead Common taken 2021
Next time: The 10 day Hearing in London had confirmed the Chief Commons Commissioner’s Decision but Mr Whitfield appealed again . This time to the High Court.