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The Governement should sycamore rider-friendly policy !

The Rural Payments Agency wrote to Bob MiltonSays Bob Milton

"This is an example of the bureaucratic nightmare and prevarication we in the equestrian world find at every turn in exerting our legal rights."

On December 1 2011 Steve Byrne wrote to Lancashire County Council about their failure to deal with an application submitted last year under Schedule 2(4) of the Commons Act 2006.

Still he is waiting for them to explain why they failed to deal with the application.

Following is a sample of the correspondence between Steve and the Council.

March 22

Steve Byrne writes to Ian Blinkho

Dear Mr Blinkho

Thank you for your e-mail (below). A couple of points in response.

First, the application delivered to County Hall on 1st December last year could not – by any stretch of the imagination, legal or otherwise – be referred to as a ‘bundle’ of documents. You were given a structured case that is comprehensively referenced and cross-referenced. The application itself is presented clearly and concisely. I can say that with confidence because I have been working on this aspect of the Commons Act for a number of years now; and because it is my business as a writer to present matters of this kind in a way that is clear and concise.

Second, the excuses you offer in your e-mail may have been valid a couple of months ago but they no longer carry any weight. It is fifteen weeks since the Boulsworth application was delivered to Lancashire County Council. You have failed to act in all that time. And by the way, I have received no confirmation that the application has been assessed as properly made. The regulations require a formal notification on this point. No such notification has been issued.

Blackburn with Darwen Borough Council is a much smaller authority than Lancashire County Council; and its register of common land has seen little, if any, activity since it took over the job from Lancashire in 1998. In this case, then, the excuses you list in your e-mail are of some significance. I have made two Schedule 2(4) applications to Blackburn with Darwen. The first was delivered to Blackburn Town Hall on 17th November last year, two weeks before the Boulsworth application was delivered to County Hall. This was the first application of its kind to be received by Blackburn with Darwen. You will find the official Notice at: www.blackburn.gov.uk/server.php?show=ConWebDoc.44890. It was issued five weeks ago.

I will be bringing two further applications to County Hall today, with several more to follow at the intervals indicated last year. It would be helpful if you could deal with the Boulsworth application now as you should have done some considerable time ago.

March 14

Ian Blinkho, Assistant County Solicitor (Environment & Resources) County Secretary & Solicitor's Group, Lancashire County Council writes to Steve Byrne

Dear Mr Byrne

I have been asked by Ian Fisher to reply to your email to the Chief Executive of the 8 March 2012.

It is regrettable in these times of reducing resources and increasing workloads that the County Council cannot deal with matters such as these as expeditiously as we would prefer.

Your application comprises a substantial bundle of documents involving as it does a significant area of land; and it is the first of its kind received by the County Council. Due consideration has had to be given to the application and relevant procedure before a decision could be made as to whether or not the application was properly made.

I understand that you have been in contact with Mrs Turner and she has indicated to you that the application has been properly made and she is preparing the Notice of Application as the next stage in the process. She is dealing with this at present and the application will be advertised shortly.

Whilst the delay hitherto is regrettable, and I apologise for it, I can assure you that there is no ulterior motive behind it.

Rejoice. Rejoice.

March 8

Phil Halsall finally replies to Steve Byrne

Dear Mr Byrne

Thanks for your e-mail.

I am sure you appreciate that I am not dealing with the issue personally. However, I can only apologise for the delay in responding and I've asked the County Solicitor (Ian Fisher) to get back to you as soon as possible.

March 8

Steve Byrne writes to Mr Halsall, Chief Executive Officer, Lancashire County Council

Dear Mr Halsall

SCHEDULE 2(4) APPLICATION (LAND AT BOULSWORTH, TRAWDEN MOOR & COMBE HILL)

It is now fourteen weeks (i.e. nearly 100 days) since the above application was delivered to County Hall by hand on 1st December 2011.

I first wrote to you about the failure to deal with this application six weeks ago, when I explained its importance at length and also pointed out that there were several other similar applications yet to be submitted to Lancashire County Council (the e-mail is reproduced below).

Sixteen days ago, I finally received what purported to be an apology for the extended delay. It seems to me that if this was in fact an apology it was also (i) an admission of fault; and (ii) since the fault lies in the delay, an implicit commitment to act immediately.

This has still not happened and nothing has been done. I am beginning to wonder exactly what motives are at work here; because there are clearly no legitimate reasons for such a delay related to the legislation or the application itself.

December 1 2011

Steve Byrne writes to Phil Halsall, Chief Executive Officer, Lancashire County Council

Dear Mr Halsall

APPLICATION TO LANCASHIRE COUNTY COUNCIL UNDER SCHEDULE 2(4) OF THE COMMONS ACT 2006

I am writing to you as Chief Executive Officer because of a failure on the part of Lancashire County Council to deal with an application submitted last year under = Schedule 2(4) of the Commons Act 2006. The application was delivered by hand to County Hall on 1st December (i.e. over eight weeks ago). Apart from a short e-mail acknowledgement the following day, I have heard nothing since.

As 9 LCC has already been informed, this is one of a group of Schedule 2(4) applications to be submitted to the County Council as part of a project supported by the Open Spaces Society and the British Horse Society, who are joint applicants* To date, few such applications have been made, largely because of the obstacles presented by the application process. The aim of the project is to demonstrate the significance of the Schedule 2(4) provisions and to encourage members of the public to act themselves. Under these provisions, there is the potential for 1800 square kilometres of common land that failed to be registered under the original legislation (1965 Commons Registration Act) to be added to the commons registers. This includes over 90 square kilometres of land in Lancashire.

The December application encompasses 15 square kilometres of moorland in NE Lancs. If the application was successful, this land would be recognised as common land and would be registered as such with LCC. The case, then, is of intrinsic importance for the local area. It is, however, also important in the national context as a test case. It raises a number of controversial issues that are yet to be decided; and will thus help set the precedents for the wider implementation of the Schedule 2(4) provisions.

As the Commons Registration Authority, LCC is not required to grant or refuse the application. This is the job of the Planning Inspectorate. The CRA is required only to confirm that the application has been properly made; to advertise its existence and invite representations; to pass the latter on to the applicant (in this case myself, as the applicants' agent) for comment; and then to forward the paperwork to the Planning Inspectorate. I, meanwhile, am required to identify and – when instructed to by LCC – serve notice on any private interests (landowners) who may be affected. As has been indicated to LCC, all of these interests have already been identified.

The Planning Inspectorate Panel cannot begin its work of deciding on the application until this initial process has been completed. I would be very grateful if you could confirm to me that the matter will now be dealt with promptly.

I pine for a more sensible approach to saving our forests

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