My claim for a bridleway between Cradle Lane and BW54 on Broxhead Common, had now reached the determination of the third appeal. The first had been to the Planning Inspectorate against HCC’s refusal, which, after lengthy correspondence between HCC, the Planning Inspectorate and me, the Planning Inspectorate had instructed HCC to make the order for the bridleway. After Hampshire County Council itself objected to its own Order, it was referred back to the Planning Inspectorate, but the Inspector refused to confirm the Order. The following Judicial Review had confirmed she had made a mistake and now here we were again.
I was very hopeful because I had made some significant findings of fact in the meantime, which prompted my Barrister to make very relevant points regarding the common land over which most of the claim ran.
However, on reading the first few lines of the decision, I was left in no doubt that once again my claim had failed, but had the crucial questions regarding the path and the common land over which it ran been addressed?
2011 PI ALAN BECKETT Order Decision for 28th June 201114092017
As the Inspector pointed out in Paragraph 9, the civil standard of proof is the balance of probabilities, which would, of course, be strengthened if the land was common land.
In his background, he states that one of the reasons for the claim was to avoid the blind bends on Picketts Hill, but completely overlooks the unseen obstruction caused by the Gun Club, given its proximity to the C102, which resulted in very loud gunshots that caused anxiety to horses and riders, not to mention the consequences. There was also no mention of the instruction by Mr Justice Sedley in Judicial Review that the matter could be resolved through discussion and agreement, because there was no discussion and the only resolution HCC proposed was that I make this claim. Now they not only refused it but also objected to an Order for a bridleway that they had previously made.
Paragraph 14 begins with the map evidence and the 1787 survey map of Alice Holt and Woolmer Forest to which he had shown great interest. It is therefore incredible that he says there is no indication of the status of the way when, in fact, the key to the map clearly says the roads are shown with double pecked lines, and Cradle Lane is shown in its entirety.
Next time: to be continued.
All 'TCHCC' Parts so far
