It appears that either MRP did not properly understand the implications of the Consent Order from the Court of Appeal, or there was a deliberate conspiracy with Hampshire County Council to misappropriate and remove 80 acres of Broxhead Common, without the obligatory consent from the Secretary of State!

Paragraph 8.7, MRP describes the rest of the common land in the assent and conveyance from Patricia Barnard on 26th November 1962 to Mr Myers and then to Mr Whitfield on 14th July 1970. He says, “such land is part of a larger field called Robins Moor as shown on the said plan marked MRP/VII, Robins Moor being fenced off and used as pasture. At one time it was largely scrubby woodland, but it was converted into pasture by Mr Whitfield in the early 1970’s, the land being drained and seeded. The pathway shown on the plan was bulldozed out by Mr Whitfield and now forms part of Robins Moor.” Just like the other 80 acres it seems!
HCC did make application for change of use for 5½ acres to accommodate Lindford Sports Club, consequently they still owe for the replacement area of that common land.
2002 Plan with MRP Statutory Declaration Adobe Scan 17 Dec 2021

Paragraph 8.9, states, “after having made the searches of the estate records and enquiries, I confirm that neither Mr Whitfield nor I hold any deeds or documents to the land in question and I know of no restrictive covenants, leases, liens or instruments creating charges or other adverse rights which affect the land or any part of it except for such of which particulars have been provided.”
Dated 6th December 2001 Except that both Hampshire County Council and Mr Whitfield must have known that this was in fact all common land because there had been no change to the Chief Commons Commissioner’s 1974 decision. This decision had subsequently been confirmed by the High Court 1977 and Court of Appeal 1978.
Broxhead Final LAND Decision 197417072020 (2)
2002 Statutory Declaration of Michael Roydon Porter for Broxhead28012016

Next time: My reply to the Draft Report of the Independent Complaints Reviewer. (IR) for the Land Registry.

All 'TCHCC' Parts so far

Click here for the list of all 'TCHCC' Parts so far