Surrey Commons Area Military Lands
Sandra Smith writes to Jeremy Hunt MP
Now is the time to change the bye-laws on horse riding
Says Sandra Smith
I understand that a review of the 1978 Military Byelaws for these commons is due or underway.
Please can you consider whether Point 3, Prohibition of Horses, is still appropriate on Law of Property Act 1925 Section 193 (2) commons, especially where the public's right to air and exercise was specifically dedicated by the landowner ?
I understand why this point was included in the byelaws; at the time they were applied, it was thought that Section 193 applied to pedestrians only. However the court judgement (ex parte Billson, 1998) found that Section 193 applied to horse riders too and has not been challenged by government departments.
Now that the byelaws are being reviewed, this would seem to be a a highly appropriate time to consider this point of the byelaws, especially on commons where the MoD has shown, by the issue of chargeable horse riding permits, that horse riding has no detrimental effect on military training.
I look forward to your response.