Says Adrienne Yentis
A friend of mine recently was riding on the heath
and she came across a group of cattle strung out across the bridlepath with no way through – the only way off was to turn round. Fortunately her horse
remained calm throughout. But you can imagine how a nervous horse might react ........... read more
Frensham Common, Surrey
Tony Barnett writes to the President,
Chairman, Deputy Chair and Director-General at The National Trust
" Whilst there is no doubt of the vested authority your organisation has at Frensham( Kings Ridge Barrows) there is equally no doubt that these rights do not extend to ownership and that the imposition of unfounded and assumptive 'rights' of this kind have resulted in loss of amenity and leaves both NT and Waverley legally compromised"
Says Tony Barnett
It is with regret,disappointment,and concern that I bring to your attention the unlawful actions of the National Trust,and others,on land (Frensham Common) in Surrey.
I would hope,at this stage,that you will have been partially briefed by Tim Butler of your National Trust legal team?
Claims have been made by Tim Butler that your organisation 'owns' Frensham Common(CL87,CL232,CL430) and that leases over CL232 and CL 430(ponds leased to an angling and sailing club) are substantiated through law.Further Mr Butler,under the National Trust Act 1971 S23,authorised leasing of the two parcels of land referred to above to Waverley Borough Council that in turn subleased,on the assurance of NT ownership, those parcels of land(water)to Farnham Angling Club and Farnham Sailing Club for sporting purposes.
Whilst the 1971 S23 is lawful on National Trust owned land,NT it has no jurisdiction on land it has no locus stan-di too.
Waverley Borough Council ,subject to claims of rights/consent from NT,sought permission from PINS to enclose ancient monuments on Frensham Common,however, the council, subject to those same claims/lease developed parking facilities and created a stream of revenue from sporting use of the waters and parking, that amounts to many thousands of pounds.
The CL's above are registered with 'rights of Common' at Surrey County Council(the Registration Authority) and NT make a claim of ownership only on CL87 however the Commons Registration Offices statement makes it clear that NT's claim is non definitive which implies that NT has unlawfully registered the claim thus that claim has no standing in law under any circumstance.
Waverley BC did disclose 2 Land Registry(non definitive) documents which failed to achieve legislative requirements and showed leases to those two Commons thus the claims made by both parties amount to false representation whilst the provisional nature of Planning Inspectorate consent was reliant on PINS requirements that have not and could not be met! In essence the works applied for could only ever be lawful if they were fully compliant with enactments.They were not and are not compliant and thus are unlawful.
Works to encroach and enclose are in breach of the Repeal of Enclosure Act 47-1 47-2,2006. The taking of animals birds and fish,the placing of signage to deter the public and swimming and sailing on non tidal waters are legislated against within the CROW Act however the most serious legislative 'lapse' is the breach of the 2006 Fraud Act by false representation,failure to disclose,abuse of office and loss and gain.
Frenshan Common is irrefutably registered by the Common's Commissioner as a sec 9 within the 1965 Act as there is NO definitive Common Owners Registration held by the registration authority.
Whilst there is no doubt of the vested authority your organisation has at Frensham( Kings Ridge Barrows) there is equally no doubt that these rights do not extend to ownership and that the imposition of unfounded and assumptive 'rights' of this kind have resulted in loss of amenity and leaves both NT and Waverley legally compromised.
Says Linda Wright
We moved to a Shropshire location a year ago having surveyed the local OS map and noted the significant number of bridleways around the property. Sadly the map appears a total fiction. Scarce any of the bridleways are usable ........... read more