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Saving our forests is seeing the wood for the trees

Broxhead Common, Hampshire

Hampshire County Council have fenced 80 acres on Broxhead Common. They say it is not common land because that was a decision of the Appeal Court in 1978.
Maureen Comber says it is. And she has written to Damian Hinds, MP for East Hampshire, for advice

It troubles me that the public have been denied access to 80 acres of common land which is undoubtedly theirs to enjoy. The illegal fencing cut across many paths and tracks on what used to be the open common lands of Broxhead. To this day they remain unauthorised.

Maureen Comber writes to Damian Hinds’ secretary.

amian HindsI wonder if he (Damian Hinds) can advise me on how I can progress the Broxhead Common issue which was the one he managed to extract an answer to before. You see HCC are developing a habit of telling me not to contact them further on these issues, which not only makes me feel a right old pain, but also prevents
the problems being debated to a satisfactory conclusion, which in turn does not help transparency or clarity.

Damian eventually managed to extract from them an answer to my question as to why no action had been taken re the unauthorised fencing of 80 acres on Broxhead Common. In answer they said it was not common land because that was a decision of the Appeal Court in 1978. I expect you have a copy of their letter but if not please let me know and I will send it to you.

I would like to reply to them that appears not to be the case, since the matter was dismissed from that Court and never heard. The Appeal Court therefore did not order anything other than that the matter would be dismissed from that Court.

All the Appeal Court had to do was to make sure that the agreement between the parties (the landowner, HCC and a couple of commoners), was not perverse or against the public interest.

This they did because they knew that as soon as the case was withdrawn the 80 acres would immediately become common land under sec 7 of the CRA 1965, as per the final determination of the Chief Commons Commissioner. Thus it would have all the protection given to it under successive legislation and would require the consent of the SOS for the fencing.

If possible I would like Damian to take this up with the CEO Andrew Smith. It troubles me that the public have been denied access to 80 acres of common land which is undoubtedly theirs to enjoy. The illegal fencing cut across many paths and tracks on what used to be the open common lands of Broxhead. To this day they remain unauthorised.

The Sustainable Communities Bill

I have to ask whether the proclaimed intention of improving the bridleway network through planning gains has deliberately been frustrated by the local planning authority or whether it was not properly thought out in the first instance and could never work as intended i.e to provide where possible better access for horse riders through the upgrading of footpaths or Creation Orders?

Says Maureen ComberSays Maureen Comber

I would like to say the following:

  • It must be the case that an objection to a planning proposal will almost always be considered vexatious especially when it comes to public space and the requirement or protection of it simply because it frustrates a possible business opportunity.
  • The vexation is not just on the side of the applicant as stated. As one might expect there is the other side of the story which is not being quoted.
  • The problem is that planning gains are not sought or delivered by the local authorities as expected.
    Having sat on the East Hampshire District Planning committee for four years I can say that not once, despite my timely interventions, was I ever able to get a planning gain such as an upgrade to a footpath to bridleway, or a new or over the hedge, route.
  • The excuse given was that if an existing public path did not run through the actual site, even if under the same ownership as the applicant, then it did not qualify for discussion.
  • To this end the curtilage was inevitably drawn very tightly around the application site.
  • Not once did I encounter any attempt by the LA to encourage planning gains in kind rather than cash.
  • This may or may not be because LA's are rather keen on acquiring money, especially these days as it is more flexible to use!!

So although as a BHS Volunteer I have been trained to get in at an early stage of a planning application and even sat as a Councillor member on a Planning Committee, I can say it is still well nigh impossible to improve the bridleway situation by this means. Of course people become annoyed enough to object to the application simply because they cannot see there will be any local gain. The LA on the other hand are well content to pocket the developer contribution for use as and when.

This is how The Shipwrights Way (cycleway) was dreamt up, as a means of using up a vast amount of money in the developer contribution pot for Highways, which would have had to be returned if not used!!

So as usual the ordinary man and his common sense approach is being cited as vexatious. The only thing we can do at present is to respond to the consultation to the Sustainable Communities Bill and point out that there are indeed more valuable assets than money as far as communities are concerned."

I have to ask whether the proclaimed intention of improving the bridleway network through planning gains has deliberately been frustrated by the local planning authority or whether it was not properly thought out in the first instance and could never work as intended i.e to provide where possible better access for horse riders through the upgrading of footpaths or Creation Orders? I say horse riders because they are inevitably the ones who miss out. Millions from this pot are spent on cycleways which are not always available to horse riders and inevitably on the urban fringe.

The Governement should sycamore rider-friendly policy !

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