The Battle for Broxhead Common
The Case for Hampshire County Council 

Introduction 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 ...... Read on 

THE START OF IT ALL --- THE STORY OF BW54 The start of the Battle. This Tithe Map is freely available to anyone who wants to go to their local Records Office or National at ...... Read on

Had HCC been planning to pervert the course of justice? The Battle for Broxhead Common - 2 The Case for Hampshire County Council – Fact and/or Fiction So, I hear you ask, what went wrong? ...... Read on

My Fight for Riders' Rights * It is the Secretary of State, not the landowner who must have regard to the benefit of the neighbourhood! * The Court of Appeal cannot be perverse or act ...... Read on 

Of course, the Broxhead Commoners’ were most concerned by the strange turn of events and in: July 1978 issued a press release. It explains that after ...... Read on

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 ...... Read on

Hampshire County Council insist that the Schedule to the Order for the dismissalofthecasefromtheCourtofAppealisanorderperse. Infact,it is a commitment by the parties to adhere to the Schedule which ...... Read on 

THE START OF IT ALL --- THE STORY OF BW54 The start of the Battle. This Tithe Map is freely available to anyone who wants to go to their local Records Office or National at ...... Read on

Had HCC been planning to pervert the course of justice? The Battle for Broxhead Common - 2 The Case for Hampshire County Council – Fact and/or Fiction So, I hear you ask, what went wrong? ...... Read on

Local people were by now not only puzzled, but frustrated and angry at the curious outcome, and on: 21st January 1980, Headley Parish Council minutes how ...... Read on 

31st January 1983. When the proposal from Hampshire County Council arrived, to divert certain bridleways on Broxhead Common the response from Headley Parish Council is somewhat ...... Read on

It should be remembered that the unauthorised fencing obstructed some 23 tracks used by horse riders over Broxhead Common, as noted by Cllr. John Ellis to ...... Read on

Says Maureen: "I think this must be the biggest Government cover up ever, of a crooked Council that steals the peoples common land! Disgraceful." Because of ...... Read on 

4TH September 1989. The Decision for Hampshire County Council’s Diversion Order is given by Planning Inspector, Captain G. F. Laslett CBE C Eng RN. 1989 Planning  ...... Read on

Hampshire County Council were still hell bent on obtaining the Diversion Order for BW4 and BW46. They would make yet another Order in 1990. This would ...... Read on

In the meantime, I wrote to everyone I could think of who could help to restore the lost link of the bridleway. 6th and 29th October ...... Read on 

Until the year 2000, Hampshire County Council had an arrangement that made East Hampshire District Council responsible for Rights of Way in the District. So, I  ...... Read on

It is settled law that commoner’s may not ‘let, lease or lend’ their rights of common. Also, all the other commoners would have had to agree  ...... Read on

In the meantime, while waiting for HCC’s Order to come to Public Inquiry for the third time on: 25th March 1991, a decision with regards to ...... Read on 

26th November 1991 is the date of a reply from Edward Mason, Assistant County Secretary, to the treacherous Mr. Connell. It was he who had  ...... Read on

15TH April 1992, is the date of a letter from the Office of the Commons Commissioners to a Mrs Bobby Lake. They confirm that the Commissioner ...... Read on

10th December 1991. The Public Inquiry for the diversion of BW’s 4 & 46 was held. Colin Edward Piper, Rights of Way Manager for Hampshire County ...... Read on 

3rd February 1992. Planning Inspector D. A. Barker-Wyatt CBE gives his decision. PI Feb 1992 Broxhead, Barker-Wyatt06072019 (2) Paragraph 9 of his report speaks of ‘leased ...... Read on

It had been third time lucky for Hampshire County Council to get the diversions it wanted to BW’s 4 and 46, but it would take another ...... Read on

7th January 2002. A letter from the Headley Wood Estate Manager, Mr Michael Porter to Miss Walters of the Committee Division of the Chief Executive’s Department ...... Read on 

Continued from Part 24. Letter Porter to HCC Chief Executives 15072019 As there was no point of law against the decision of the High Court, the ..... Read on

We had a look at the HCC Land Sub-Committee minutes in Part 3 but after reading the letter from Headley Wood farm to the Chief Executives ...... Read on

16th September 2003 is the date of my letter to HCC Estates after I noticed some clearance work being done on part of the common. Sadly,  ...... Read on 

It seems to me that during my long fight to restore the rights of common and access by the public to this open space, that I ..... Read on

November 2005. The matter came before the Regulatory Committee of Hampshire County Council. Their reason for refusal was: “The lease agreement between the landowner and the  ...... Read on

It was difficult to see how there could be insufficient evidence of use for my claim. We were submitting user evidence from twelve horse riders which  ...... Read on 

There followed an appeal by written representation which went on until October 2006. 23rd April 2007 Planning Inspector, Mark Yates decided not to make an order..... Read on

9th August 2007, I email the Leader of Hampshire County Council asking him to restore the rights of ‘air and exercise’ to horse riders without delay ...... Read on

10th January 2007, I receive a letter from Hampshire County Council telling me that the Regulatory Committee has refused my application for a bridleway from BW54 ...... Read on 

6th February 2009 is the date of a letter from HCC’s Executive Member for Efficiency, Performance and Rural Policy, Cllr. Raymond J. Ellis in reply to ..... Read on

3rd April 2009, a letter from the Inspectorate had said: “The Inspector will not have access to the appeal documents. It is therefore very important that ...... Read on

11th October 2010, I simply could not accept such an erroneous decision. I had to get the lawyers involved. We successfully Judicially Review the most recent  ...... Read on 

Notwithstanding, our initial success in obtaining the Order for a bridleway between BW54 and Cradle Lane and the following successful Judicial Review of the previous Inspector’s ..... Read on

21st April 2011. I asked HCC Chief Executives if they could find any trace of page 3. Their reply was negative with advice to contact the ...... Read on

No wonder HCC had requested that no historical information be considered at the forthcoming Public Inquiry. (Part 36) 28TH June 2011 the date of the next  ...... Read on 

The Battle for Broxhead Common The Case for Hampshire County Council – PART 40 Until this moment in time my focus had been to get a reasonable riding route over the common land to replace at least a few of  ..... Read on

14th December 2011. I made further enquiries regarding the documents I had been sent under EIR and point out that the ‘Land’ section of the Register ...... Read on

An exceptionally large sign had been strategically placed near the junction with BW54 and my previous bridleway claim, just before the last Public Inquiry. It seemed ...... Read on 

I had throughout the process been asking reasonable and relevant questions, most of which remained unanswered. On page 14 of the Guidance on Procedures for considering  ..... Read on

31st October 2012 is the date of the response to my letter dated 14th February 2012. It came from Hampshire County Council’s Head of Information Compliance ...... Read on

Even though I was by now the County Bridleways Officer for The British Horse Society and therefore dealing with the numerous other problems encountered by riders ...... Read on 

 31st January 2014. I am so concerned with the apparent lack of Democracy that I write to my MP. Looking back, I see Dominic Raab gets  ..... Read on

Through 2012 to 2014, I and others had mounting concerns at the number of applications being made by the Wildlife Trusts to fence common land. Copy ...... Read on

August 2012, a local consultation on the management of Broxhead Common is announced by Footprint Ecology in which fencing is a leading proposal. 2012 HCC Broxhead ...... Read on 

24th November 2013, I once again email my long-suffering MP with regard to correspondence I had been having with Natural England. 2013 RE_ Response for Natural  ..... Read on

Commons Commissioners were appointed by the Lord Chancellor, one of which would be Chief Commons Commissioner. The first ...... Read on

February 2013. I was curious as to how, why, and when the common land had become a legal part of the Headley Wood Estate. So, I ...... Read on 

28th February 2014. A year on and I had become unhappy with the way my questions to the Land Registry had been dealt with. It seemed ..... Read on

6th December 2001, ALR1 continues: “The roads and footpaths in this title are subject to public rights of way.” ‘The alternative would have been ..... Read on

4th June 2001. ALR1 replied to the Solicitor at AJG on whether they had heard from Hampshire County Council. He says: “The Registry has ...... Read on 

So, there it was in black and white “The roads and footpaths in this title are subject to public rights of way.” 2014 Land Registry Broxhead ..... Read on

Access Volunteers for the British Horse Society are very well trained to research and apply to add bridleways to the Definitive Map. One point which comes ....... Read on

Continuing the Statutory Declaration by MRP Paragraph 5.6, “Had he not been the owner he would not have been able to be a party to the ...... Read on 

Continuing the Statutory Declaration by MRP Paragraph 5.8 states: “The appeal decision, inter alia, contained an order that…” 30 years later we found out that the ..... Read on

The Statutory Declaration of Michael Roydon Porter for the Land Registry dated 6th December 2001 continued: Paragraph 5.11, the Consent Order, and a Lease dated 5th ...... Read on

The Statutory Declaration of MRP continued: Paragraph 6.1 Here again we see that compulsory purchase of a piece of the common land between Hampshire County Council ...... Read on 

Continuing with the Statutory Declaration of Michael Roydon Porter: Paragraph 8.3. Mr Porter says, “Part of the land edged blue comprises the Common as demised in ..... Read on

It appears that either MRP did not properly understand the implications of the Consent Order from the Court of Appeal, or there was a deliberate conspiracy ...... Read on

8th September 2014. I received a letter from the Senior Investigating Officer telling me that ICR had finished her investigation, a copy of which he enclosed ...... Read on 

The reply from IR which accompanies her final report of my complaint, makes it clear that any alterations to the Land Registry can only be made ..... Read on

I had by now realised that there was no help to be found in the more expected places. I had exhausted enquiries through my MP and ...... Read on

As you will have seen in Part 48 of this series, I had brought the matter of the missing 80 acres of Broxhead Common to the ...... Read on 

Before we move on to 2017 it may be prudent to briefly look back at this unfortunate situation and why the apparent theft of 80 acres ..... Read on

The unlawful fencing had obstructed access to the twenty-three trails that John Ellis had counted on the Ordnance Survey Map; these were replaced by BW46 running ...... Read on

Dr. L. Ellis Tavener’s book entitled ‘The Common Lands of Hampshire’ is a survey of the common lands of Hampshire undertaken at the request of Hampshire ...... Read on 

Hampshire County Council was well prepared therefore, when the Commons Registration Act 1965 was finally launched. Section 4(a) and Section 4(b) state as follows: “An application ..... Read on

14th July 1970 is the date of the Assent and Conveyance deed which changed the ownership of Headley Wood Farm to A. G. P. Whitfield. This ...... Read on

Whatever happened to “once a highway always a highway”? It seems Hampshire County Council were not thinking straight when it decided to divert BW47 and FP3 ...... Read on 

Following the statement that Mr Whitfield intended to replace the fencing, John Ellis immediately issued an injunction restricting the replacement of the fence, but that only ..... Read on

7TH December 1973. John Ellis writes an update to members of the Broxhead Commoners Association. Apparently someone has written to one of their members suggesting that ...... Read on

The Broxhead Commoner’s Association, had it seems been infiltrated by some of Mr Whitfield’s ‘working group’. One of them in a determined search for a sports ...... Read on 

The hearing before the Chief Commons Commissioner, G. D. Squibb QC, moved, after a couple of days, from Winchester to London where it continued on and ..... Read on

4th September 1974 Bradley Trimmer, Solicitors for the Broxhead Commoners, convey verification of the rights of two individuals. Mr Connell is found to have rights over  ...... Read on

At this point we need to remember the statement on Page 3, first paragraph, of the Interim and FINAL Decision. It states that at some time ...... Read on 

15th March 1975 is the date of a letter from one of the commoners saying how delighted he is at the result of the Chief Commons ..... Read on

 It is important to note the terms used in the Appeal document. Reference is to the land owned by the said Mr Whitfield lying to the ...... Read on

Continuing to look at the Final Determination of the Chief Commons Commissioner, Mr G, D, Squibb QC: Page 15 second paragraph confirms two properties with rights ...... Read on 

June 1976, John Ellis contacts the members of Broxhead Commoners Association. He tells them that the 404 acres of Broxhead Common is now registered as common ..... Read on

24th March 1980 is the date of the judgement from the High Court by Brightman J. It must be remembered that this is an appeal by ...... Read on

To continue looking at the Judgement by the High Court from Brightman J on 24th March 1977. Page 13 paragraphs G, H, dismisses Mr Whitfield’s appeal ...... Read on 

To continue to look at the crucial points in the Brightman judgement: PAGE 22, paragraph A & B, state Brightman has no jurisdiction to alter the ..... Read on

27th July 1977, in the meantime Headley Parish Council minutes record that the gates of BW47 were causing problems as predicted. 1977 Headley PC 27.7.77 4 ...... Read on

20th October 1977, further to his letter of 13th September 1977, another letter arrives from Hampshire’s County Secretary to Kingsley Parish Council. It says that as ...... Read on 

20th April 1978, the minutes of the Rights of Way Sub-Committee of Hampshire County Council record that; the County Secretary reported that negotiations were now in ..... Read on

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  ...... Read on

24th May 1978 continuing to examine the Schedule to the Consent Order from the Court of Appeal. g Hampshire County Council will further consent to and ...... Read on 

24th May 1978 continuing to scrutinise the Schedule to the Consent Order: The instruction for all proceedings in the Aldershot County Court to be dismissed is ..... Read on

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 ...... Read on

22nd June 1978. The County Secretary of Hampshire County Council gave a report to the Land-Sub Committee endorsing the terms of a settlement of dispute, in ...... Read on 

But remember Mr Whitfield had a cause. Knowing his ownership of the common was tenuous to say the least. He was determined to secure it for ..... Read on

It begs the question as to why Hampshire County Council, who had been supporting the Broxhead Commoners by sharing the court costs with them, had now ...... Read on

Another important point seems to have been missed by HCC BROXHEAD COMMON - WHITEHILL AND HEADLEY NO.CL.147.pdf FINAL 1974 RIGHTS. In his lengthy Rights Decision, there ...... Read on 

The Tithe Apportionment Act 1847, for Headley states, “there are no proprietors for Broxhead Common and it is used by sundry people” However, ownership of the ..... Read on

1948. At the same time as G. A. McAndrew sold off the 15.9 acres of common land, he also sold the Headley Park mansion house and ...... Read on

By 1978 the legal proceedings induced by Mr Whitfield had rumbled on for 15 years. In the circumstances described, it is not therefore, unreasonable to wonder ...... Read on 

Both Commoners and locals, were told by Hampshire County Council, that to save further expensive legal action they had come to a settlement with Mr Whitfield ..... Read on

We can only speculate as to the reasons for Hampshire County Council’s volte face, but whatever they were we can say that it was not a ...... Read on

Two notices advertising my claims for pockets of Broxhead Common. I did ask the Planning Inspectorate to move it closer to the claimed land because Winchester is 30  ...... Read on 

Absolutely no-one was happy with either the explanation or the settlement made between Hampshire County Council and Mr Whitfield because it flew in the face of ..... Read on

Mrs Patricia Elphinstone Barnard, the widow of G. W. McAndrew had sold Headley Wood Farm in 1962 to Sefton Siegfried Myers. She had no pre-registration title ...... Read on

As you have seen there was total dissent from the local community for proposals to fence any part of Broxhead Common. But after all the fund  ...... Read on 

1980 minutes of Headley Parish Council show how John Ellis’s well-intentioned efforts with regard to re-establishing the many existing bridleways over Broxhead Common, fell into the ..... Read on

It transpired that Hampshire County Council, despite HPC’s request for clarity, had already made an application for the diversions of BW4 and BW 46 in 1982 ...... Read on

 In June 1964 the Estate Manager for Headley Wood Farm wrote a letter to the Clerk of Headley Parish Council. In this he says he has ...... Read on 

As any horse rider will confirm gates of any type are an unavoidable nuisance, simply because not only do they obstruct the way but because even  ..... Read on

Common land is not usually fenced and should be open and accessible from all points of view. However, at the Picketts Hill end of BW54 the  ...... Read on

So, starting from where BW54 leaves the C102 opposite to the Trottsford FP and going towards Broxhead Common east, the first gate encountered, used to be ...... Read on 

The path from here through the woods is reasonably wide and pleasant if a little worn in the middle. Until 2007 there was no dead hedging  ..... Read on

The gates at the junction between the three bridleways numbered 54, 4, and 46, were both unnecessary and difficult. The large iron monster just sat there  ...... Read on

About 50 yards further along from the ‘three ways’, where BW 4 forms a junction with BW47, there is another large field gate through which one  ...... Read on 

The workmen putting up the fence were of course just following orders, so I immediately wrote to the Senior Rights of way Officer in Hampshire County ..... Read on

I must admit that I was dismayed to find these alterations taking place without any consultation whatsoever. Any alteration to a definitive right of way must  ...... Read on

My email of 10/11/07 brought a response from the HCC Countryside Department. I was told that any landowner can enclose a right of way providing the  ...... Read on 

My email serving notice on them to remove the fencing brought forth a suggestion of a site visit. At last, I was able to explain the ..... Read on

Well, I suppose I had managed to get rid of the Terminator gate and the rails beside it, so at least one end of that section ...... Read on

It had always seemed strange to me that Hampshire County Council were leasing part of Broxhead Common. They had been sharing the legal costs 50/50 with  ...... Read on 

The objections to my claims for bridleways, made to ameliorate the loss of 23 tracks used by horse riders before the unlawful fencing obstructed most of ..... Read on

My quote from Christopher Rodgers book, ‘Contested Common Lands’, in the last episode needs to be remembered to see how some of our laws and EU ...... Read on

The third objector was of course Hampshire County Council in the form of its Regulatory Committee. However, when they made the decision to refuse my claim  ...... Read on 

21st December 2006 I receive a short email from the Leader, which says it is not possible for him to respond until after Christmas. 2006 Nov ..... Read on

I found the Leader’s response quite unacceptable simply because the Planning Inspector’s decision says riders already have rights under the terms of the lease, also HCC ...... Read on

Any of my readers who are familiar with the countryside in northeast Hampshire will know that it is traversed by numerous narrow winding country lanes. These  ...... Read on 

24th June 1996. A reply had come not from EHDC but Hampshire County Council. It said that “I note from your letter that you regard your  ..... Read on

I had to wonder why it was proving so difficult to clear a couple of fallen trees across the path of an ancient highway which runs ...... Read on

2000. A new century was upon us. The internet was still there despite doomster predictions and a new Rights of Way Manager had materialised at Hampshire  ...... Read on 

So, that is how I had arrived at my claim for a bridleway between BW54 and Cradle Lane, which I had submitted on 9th October 2000  ..... Read on

16th September 2003, the application for a bridleway between Cradle Lane and BW54 was still languishing in the bottom of an in-tray somewhere in HCC when ...... Read on

On 12th February 2007, I sent my appeal to the Government Office for the Northeast (GONE) against HCC’s refusal for a bridleway between BW54 and Cradle  ...... Read on 

The Order for a bridleway link between Cradle Lane and BW54 on Broxhead Common meant that the dangerous bends on the C102 could now be avoided,  ..... Read on

I tried once more to save the path for everyone by writing to the Access Team Leader of Hampshire County Council. On 1st July 2009, I ...... Read on

3rd April 2009, Hampshire County Council’s objection to the Secretary of State’s Order for a bridleway between BW54 to Cradle Lane would necessitate a full Public  ...... Read on 

2nd July 2009, I am sent a copy of the Council’s statement of case and a list of supporting documents. 4th September 2009, proofs of evidence  ..... Read on

Attached is my Covering Letter and Witness Statement for the 2009 Public Inquiry, initiated by the landowners and Hampshire County Council in ...... Read on

The 29th of September 2009 was a Tuesday. The Public Inquiry was held at the Liphook Millenium Centre starting at 10:00 a.m.  ...... Read on 

I was not impressed with the style or way the Public Inquiry had been conducted. But if that was bad, it became even more so after I received the ...... Read on 

From my notes:

ORDER DECISION – FPS/Q1770/7/70     11th December 2009

PUBLIC INQUIRY TUESDAY 29TH.

...... Read on 

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 ...... Read on 

Paragraph 6 of the report refers to the inspector's instructions to me to avoid wasting inquiry time. I had to remind her that PIs used to be for people like me, the public, to be   ...... Read on 

Paragraph 9 of the Slade decision refers to confusion at the Inquiry because the County Council had produced several plans of the Order Route over the years ...... Read on 

The delayed start of the research and the two appeals have made it nine years since this claim was lodged. This must disadvantage the Claimants, who may not recall  ...... Read on 

Baigents Hill

Para 24 & 46 “There is no evidence of an express dedication having been made, and it is therefore necessary to rely on the evidence ...... Read on 

Para.35, In addition, the deteriorating state of Broxhead Common, which had been brought to the attention of the HCC many times, made access more difficult and ...... Read on 

At Para 28 the Inspector casts doubt by drawing attention to the fact that Mrs Thomas claims that she used the track on a daily basis.  She now lives in France and could not ...... Read on 

Baigents Hill

Other Issues Page 8

“…use of the route was more in the way of wandering through the lightly wooded area.” This aspect was introduced by Mr Colbourne when he asked if the ...... Read on 

Continuing paragraph 49

The Inspector also says an accommodation road described in the Valuers Field Book may not necessarily be a public highway ...... Read on