Chorelywood Common Bye-laws
Bob Milton writes to Hugh Craddock | head of Commons and Access Implementation Team Landscape & Outdoor Recreation Programme
Department for Environment, Food and Rural Affairs
The nub of the issue is whether the transfer to CPC was lawful.
What I am seeking to find out is whether the Minister even considered that the transfer was lawful.
Says Bob Milton
These are the issues at the centre of the concern of equestrians who are being excluded from this common by virtue of the bylaws and HLS fencing.
The nub of the issue is whether the transfer to CPC was lawful. It is my belief that the 1973 SI did not allow the transfer to the Parish, neither did the Scheme legislation. The powers were to transfer to Three Rivers DC which was the replacement body for CUDC and which remains the Scheme manager.
What I am seeking to find out is whether the Minister even considered that the transfer was lawful. There seems to be no documentation which anyone can produce which shows the transfer process. I also am trying to assess whether it was appropriate, given Defra’s guidance on bylaw making, that the 1995 bylaws were made under the 1972 LGA and not the CA1899 Scheme. If so, in my opinion, the bylaws were wrongly made under secondary legislation rather than the primary being the CA1899 and the Scheme which is still extant.
I can find no evidence of consultation by CPC so this would also be I hope shown in the back ground papers of the application.
I do hope that push does not turn to shove in this matter so that someone has to be prosecuted in Court before the issue is resolved. The judge in a recent case in Shrewsbury made some very pointed remarks about priority to the CPC in a case of trespass on a common.
If I need to serve this application on the Home Office please advise to whom.