The Case for Hampshire County Council – PART 155

Supplementary Statement of Case for the PI commencing 28 June 2011.

My Barrister began by submitting what he referred to as my supplementary statement by explaining that this was supplementary to the earlier Public Inquiry, which started on 29th September 2009. That decision had been quashed by the High Court by Consent Order dated 11th October 2011. He wished to clarify my position following the successful conclusion of those High Court proceedings. The Applicant continues to rely on all of the material previously submitted to the Inspectorate in connection with the previous Inquiry and confirms that she intends to submit a number of further witness statements in accordance with the Inquiry timetable by 31st May 2011.

In giving the background context, he states that the Order for the bridleway had been made on 8th October 2008 and that there were seven objections to the Order, including one from the County Council (i.e. the Council which had been directed to make the Order by the Secretary of State) itself. A valid decision now remains as to whether the Order should be confirmed.

He continued by noting that the 2009 Decision had been quashed in it’s entirety and the Inspector now appointed must accordingly review all of the evidence in effect de novo, including the historical map evidence which the Applicant continues to rely upon both (i) as sufficient on its own to establish the existence of the claimed bridleway and (ii) as corroboration and support for the claim based on modern user. In order to assist the Inspector in this regard, the Applicant has collected a number of further copies of relevant historical map evidence which will be exhibited to a Witness Statement to be made by her and provided to the Inspectorate in accordance with the Inquiry timetable by 31st May 2011.

He goes on to explain the relevance of the history of Broxhead Common. As the County Council is itself the relevant Commons Registration Authority, and so will no doubt be able to confirm the accuracy of this account of the position at the Inquiry.

Next time: to be continued.

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