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 then impossible as the uncontrolled gorse and bramble grew over the paths and tracks.

In any case, the level of use, as stated by the OMA, of one rider a day does not, in my opinion, constitute a low level of use. It is more if one considers other users who may have considered their level of use too low to contribute to the claim. 

Para 36 is inexplicable.  What does the Inspector mean by “a small number of people who may have had a degree of connection”?  Again, the Inspector has misled herself.  Cradle Lane runs alongside some of our land but is not close to our residence.  I cannot see it from the cottage where I live nor estimate who might or might not have come and gone. 

As a District Cllr, I was probably known to many people, but that does not give any degree of connection to any of them.  The Inspector’s connotations are regrettable.

Next, she says that “the application was made on behalf of a local Bridleways Group suggesting a limited number of the public” and “I am also doubtful that it would be reasonable to consider that the numbers of users satisfied the description ‘the public at large’”.   The Bridleways Groups are part of The British Horse Society’s affiliated organisations, offering support to secure more off-road riding.  The Three Counties BWG was affiliated to the BHS.

In 2005, Planning Inspector Alan B Blackley (FPS/Y3235/7/31) confirmed an Order.  In this case, only five people used the claimed route for the full 20 years.

In the present claim, 12 people claimed to have used the claimed path for the full length of the 20 years. Why hasn’t Mrs Slade mentioned this fact?

Next time: my notes continue.

All 'TCHCC' Parts so far