TCHCC – PART 86

The Battle for Broxhead Common

The Battle for Broxhead Common

The Battle for Broxhead Common

The Case for Hampshire County Council – PART 86

24th May 1978. Let’s have a good look at the terms of the Schedule or Agreement for the dismissal of the case from the Court of Appeal. The Court cannot permit anything which is perverse or against the public interest, therefore they will expect the agreement to be complied with in its entirety.
Broxhead Consent Order CA 197802072017.pdf with page 3

The parties’ consent to:

  1. the addition of the Hampshire County Council as third-named respondent to this appeal.
  2. A lease to Hampshire County Council from the date of the Order of this Court, for 5 acres for a cricket pitch and associated recreational purposes. The lease to contain a right for the Hampshire County Council to sub-let the whole or part to other bodies approved by A. G. P. Whitfield. If not sub-let, then Hampshire County Council will be responsible for the upkeep.
  3. All proceedings in the Aldershot County Court to be dismissed.
  4. No Order as to costs, each to pay his own.
  5. the balance of part of the common owned by the said Anthony Gary Peter Whitfield amounting to 101 acres shall be let to Hampshire County Council renewing every 20 years. They shall be responsible for preserving its scientific and landscape qualities, access for the public and confirmation of the registration.
  6. Mr Connell to release his Rights to the 80 acres presently enclosed by fencing. After which the County Council will not pursue its provisional registration of said area as common land and will exclude all reference to the said area in the Commons Register.
The Battle for Broxhead Common

The Battle for Broxhead Common

Next time: to be continued with exposure of the mistakes and false information arising as a result of this peculiar situation.