The Case for Hampshire County Council – PART 156

The footnote on the page explains that the Applicant, of course, acknowledges that this Inquiry is not directly concerned with the status of Broxhead Common (in whole or in part) as registrable common land. The Inquiry’s concern is simply whether the bridleway claim is made out. But the question of whether part of the claimed route passes over common land, or is capable of giving access to such land, is clearly relevant in assessing the map and user evidence for the claimed defined route.

The Registration Authority had provisionally registered the entire 404,656 acres of Broxhead Common, without application, on 23 April 1968 (see Entry 1 in the “Land Section” of the current register for Register Unit No. CL147). Referring to the Decision of the Chief Commons Commissioner dated 22nd November 1974 and the subsequent appeal to the High Court, he notes the dates of objection by Mr Whitfield of Headley Wood Farm as being slightly different in those two documents.

However, the “Rights Section” attracted a large number of people claiming rights over the common which had also attracted various objections. Note 3 to this section of the register records (again) the objection No. 274 of Mr Anthony Whitfield of Headley Wood Farm made in respect of claims Nos 1-41.

It is intriguing, he says, that the CCC’s Decision begins by making mention only of the second type of objection – i.e to the Rights Section of the register; and indeed Brightman J. - (High Court) - continues by stating that he “is not concerned with the registration of part C as common land but only with the claims to rights of common thereover.” The considerable significance of this point can be found in case law decisions, such as in President and Scholars of Corpus Christi College Oxford v Gloucestershire County Council [1983]QB 230 where although successful in sustaining their objection to the Rights Section of the register the Land Section registration  had become final and therefore “conclusive evidence of the matters registered.”

Next time: to be continued.

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