The Case for Hampshire County Council – PART 162

The Inquiry opened on 26th June 2011 at Kingsley Village Centre.

I was hopeful that this time we would succeed. I had uncovered enough of the history of Broxhead Common to raise more questions than it answered, and although it was not directly relevant to my bridleway claim, the fact that the path was not only on common land but led to what had once been common land must tip the balance of probability in our favour.

My Barrister also raised some very pertinent examples of settled law, which prompted more questions related to the actual registration of Broxhead Common and the removal of 80 acres from it by Hampshire County Council as the Commons Registration Authority.

I was thankful to have an advocate so knowledgeable about these issues that he could prevent a repeat of my horrible personal experience from the previous Public Inquiry.

He clearly provided much to consider as the Inquiry ran out of time after four days, having adjourned on 1st July 2011 and resumed on 14th July 2011, when my Barrister delivered his closing submissions on my behalf. He stated that the historical background and map evidence were mainly relevant to the southern section of the claim. The applicant acknowledged 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 main focus is simply whether the bridleway claim is valid. However, the question of whether part of the claimed route passes over common land, or can provide access to such land, is clearly relevant when determining (i) whether the bridleway leads somewhere of interest to members of the public on horseback or (whether, when BW54 was a footpath, it was a cul-de-sac route); and (ii) whether (particularly considering the evidence from the 1974 Commons Commissioner’s Report) it was more likely than not that defined tracks on the ground were used by the public or were merely private routes.

Next time: to be continued.

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