Question Answered
The Battle for Broxhead Common
The Case for Hampshire County Council – QUESTION 1
To answer the $64,000 question as to why Hampshire County Council, as the Registration Authority did not insist on application to the Secretary of State for the retention of the unauthorised fencing around the 80 acres, we must turn to the evidence again.
Over the years the question has been asked many times and received different answers. Here are just a few:
- 1982 The unauthorised fencing had obstructed the bridleways on Broxhead Common as this letter from Guy Robinson, Chair of Headley and District Bridleways Group describes.
Guy to Bill Bide Principal ROW Officer HCC Nov. 198215072019 - 1989 The Report of the County Recreation Officer, Bill Bide to a Public Inquiry regarding the obstructed bridleways on Broxhead Common. Paragraph 8 says
“At that time Hampshire County Council, as lessees of 100 acres of
Broxhead Common, were in the process of implementing part of an Order
from the Court of Appeal dated May 24th, 1978.”
So here we can see the reference to a Court of Appeal Order. This report is interesting as it shows what was happening and what we were being told at that time.
Bill Bide Principal ROW Officer HCC March 89 PI15072019 copy - 1989-1990, British Horse Society County Bridleways Officer, Liz Potter wrote to Hampshire County Council objecting to the obstructions
A year later her successor Grace Ritchie supported her predecessor, and it appears had several telephone conversations with the Assistant County Secretary, Edward Mason who in his reply says, “It seems probable that Mr. Whitfield did not apply to the Secretary of State, because the fences enclose land which is not common land.”
So, the explanation has changed. However, the Planning Inspector for the 1989 PI, Captain Laslett was having none of it and refused to confirm the Order. I have attached his decision as it also throws light on what we were dealing with.
1989 Planning Inspectorate 198830082020
Mason to Potter 1989 - 2012 it took a long time but at last I got an explanation from Hampshire County Council and now it seems it was the Chief Commons Commissioner who ordered them to extract the 80 acres!!
So now it’s the Chief Commons Commissioner
HCC RESPONSE BROXHEAD.pdf 30th October 2012 copy
- 2013 an article in the Bordon Herald states, “In its role as the Commons Registration Authority, Hampshire County Council was instructed by way of a High Court decision in the 1970’s not to register 80 acres as common land and, as a result, not to obstruct the owner in fencing the area.”
So, this time it is the High Court.
Broxhead Bordon Herald 201315072019
It is notable that each time Hampshire County Council are stating that someone else ordered them to do what they did
All these explanations are not only misleading, but they are also now proved to be false information, as you will have seen.
Thanks for the question, Linda Delve