The Case for Hampshire County Council – PART 166

In1989 The gate at point D on the western side of what is now BW54 (formerly FP54) was locked. The storms of 1987 and 1990 had already made the section of the route between E and B difficult (although not impossible). However, in the Applicant’s submission, the locking of the gate in 1989 did call into question user of the route South of Picketts Hill to gain access to the Common.  Since BW54 was then merely a footpath, the inability to gain access to the common left bridleway users without a lawful route - a clear indication that their rights were being called into question. The matter is even clearer if riders from the south (i.e. from the common) attempting to reach Picketts Hill are considered, as there was an equivalent locked gate further south.

1997.  If the Applicant is right that the locking of the gate at D called user of the Southern section of the route into question in 1989 the the relevant 20 – year period wll have been 1969 – 1989.  If wrong the Applicant accepts that user was called into question by the 1997 notices, in which case the relevant 20-year period will have been 1977 – 1997.

The Applicant submits that there is clearly sufficient evidence of bridleway user of this section of the claimed route, whichever twenty-year period is considered.  The proper and only test for the Inspector to apply in determining this case is whether or not the quantity of user is such as to bring to the attention of a reasonable landowner that public rights are being asserted, and not (as used in error by the previous Inspector), “the public at large.”

As for the evidence given orally on behalf of LHL at the Inquiry, the Applicant submits that it supports the fact that horseriders were using the route and that access was not prevented by fences or gates.

The Applicant respectfully requests that the Inspector confirm the Order so as to add the claimed lengths of bridleway to the Defiitive Map and Statement. 13th July 2011

Next time: the Inspector decides           

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