The Battle for Broxhead Common
Common land since time immemorial
The epic blow-by-blow story for riders’ rights, by Maureen Comber
I will be serialising the Story of the Battle for Broxhead Common from the beginning of the problems in 1963 when the owner of Headley Wood Farm, started fencing in the 80 acres of Broxhead’s common land, for it surely did not go unnoticed at the time and has been a cause of discontent ever since.
Broxhead Common has been identified as common land since time immemorial.
Says Maureen:
“In 2017 I made application under sec.19 Commons Act 2006 to correct the Register of Common Land because of ‘mistakes’ made by the Commons Registration Authority, which in this case was Hampshire County Council. (HCC). I knew that because of the ‘interest’ they have in Broxhead Common the matter could not be decided by them but would have to go to the Planning Inspectorate.”
The Case for Hampshire County Council – PART 136
The decision to ban the use of the word ‘common’ was not just peculiar but immediately undermined the claim. This was particularly significant given the discovery of crucial historical records during the research for the PI. These records, such as the Field and Record Books for the Finance Act 1910, revealed that the owner at the time, Mr C. A. McAndrew, had claimed £ 635 for Rights of Common and £655 for Rights of Way and User, as shown in the accompanying FA 1910 Map.
The Hampshire County Council’s persistent denial of the existence of these records, as they had claimed in a previous statement for the 1997 PI, is particularly striking. They had asserted that although the FA Map was available, the Field or Record Books did not support it because they had been destroyed in the Blitz of WW2.
1997 PI Mandy Smith report BW54
On a previous occasion, the Local Government Ombudsman told me that he could not scrutinise a case if the Planning Inspectorate was currently dealing with it, as they were an appeal body that could deal with these issues.
It was, therefore, perplexing why a clear explanation of why my request for help was denied and why answers to my questions could not be addressed.
In para 2 of her Decision Report, the Inspector refers to points of clarification of land ownership and the position of the Order Route but does not explain what these were.
In para 5, she goes on to say, “I am only able to consider the Order as submitted, and any other matters related to it, not matters related to the area in general.”
It is lamentable if she does not recognise the ‘accommodation road’ declared in the Valuers Field Book for the FA1910 and the path around the ‘Free Piece”, which joins directly to the claimed path, as related to it.
Next time: my notes continue.
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