The Battle for Broxhead Common
The Case for the County Council – PART 5
It is essential to remember how the Registration of Common Land works. When the Commons Commissioner’s decision becomes final, as it did in this case on 24th May 1978; the relevant Registration Authority must record that decision and draw up any plan or map.
So, what was the Decision as stated by Hampshire County Council?
They have said at various stages throughout the years:
- The Chief Commons Commissioner had split the common in half and all the rights except two on the east side, were relevant only on the west side of the common. FALSE
CCC to Hadfield13082020 - The High Court had extinguished one commoner, leaving Mr Connell as the only commoner with rights. FALSE
- Mr Connell had sold his rights over the 80 acres thereby extinguishing the common land. FALSE
- The High Court had ordered them to remove the 80 acres. FALSE
CCC to Hadfield13082020 - The Appeal Court had ordered them to remove the 80 acres. FALSE
- The Chief Commons Commissioner had made a mistake. FALSE
- The Final Disposal Notice removes the 80 acres. FALSE
- They even drew up a plan to show the 80 acres outlined in red as removed!!
Bordon Herald 2013 Broxhead 15072019
It appears that Section 7 & 10 CRA 1965 have been totally ignored. That states the Commons Commissioner’s Decision is conclusive at the date of registration, in this case it was 24th May 1978. This is the date that Mr Whitfields appeal was dismissed from the Court of Appeal.
Are HCC inciting FRAUD or are they engaged in a plot to STEAL the land?
NEXT WEEK: We will look at the Final Determination Notices (FDN)