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 authority of Judge Scott Baker in the Fernlee Case (2001) was accepted. In reply, it was said, “It should be borne in mind that the lateral movement of the track was no more than 20 metres, and where a route from one point to another crosses open land, the route need not follow a defined path: the route is sufficiently defined, albeit it may have varied slightly from time to time.”

The Inspector stopped Mr Colbourne from asking his questions, saying it was unnecessary as she had “got the picture”. Therefore, I did not hear the answer to this specific question.

In para 44 the Inspector confirms that she accepts that challenges were made on a small number of occasions during the relatively confined period of the annual scout camp (this occurred during the last week of July and the second week of August). Can she do this even though no specific dates were given and no description of the individuals concerned or their horses?  In Para 29, she says that Miss Kerr was vague about dates, so she can place little weight on her evidence.  So, the question that has to be asked is, why is there a disparity in approach?

Broxhead Common

Para 48 records that “points BC is part of a long-standing physical feature, most of which is recorded (or has been in the past) as a public right of way. A bridleway diversion near Headley Wood Farm has altered that situation now.”

This possibility was not discussed at the Inquiry, and had it been, the question would have been asked why points BC had anything to do with a bridleway diversion near Headley Wood Farm. Again, the Inspector seems to have misguided herself. 

In Paragraph 49, she did not clearly understand my reference to points B—C being excluded from the surrounding hereditament on the map accompanying the FA by saying it is part of the common. That is not disputed, but it runs as a separate finger between the adjoining land holdings, with parallel broken lines within it that continue across the common as a path.

Next time: to be continued.

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