"Your licence is ultra vires on two points"

Says Bob Milton

Further to your s147 licence agreement 24january 2011 I would bring to your attention that I believe that given the attached judgement and the evidence supplied to the Inspectorate that your licence is ultra vires on two points. Neither you nor the County Coucil have carried out any consultation in this case or any other relating to the licensing of bridleway gates under s147 on public access land eg s193 or what effect that such a licence may have in displacement onto vehicular highway such as has occurred at Headley Heath.

1 The land Chobham common is not agricultural or being bought into agricultural use and I would refer you to the BHS Statement of Case and para 7.4.2.b attached Rights of Way Law Review S4.1: Obstructions p31-38 re s147 Agricultural and P17-21,41-46 + Herrick v Kidner 2010

2. The attached judgement in particular paragraphs14-16 [kind v Northumberland]

3. The gates are more than a de minimis restriction of the 3-4m width of the bridleway being only 1.5m and being self closing are considered an obstruction by riders

I ask you to reconsider your actions and the policy of the Council to always grant s147 licences without time, grazing restrictions or review where the dominant use of the land is not agricultural ie public open space

To read the Judgement in full Click here

To read the BHS Statement of Case Click here