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Says Naomi Smith

Says Naomi SmithIt is all too possible to round a corner on horseback and come upon a group of cattle with no prior warning -this WILL result in a horse being badly spooked at best, bolting at worst -it is only a matter of time ........... read more

Yately Common, Hampshire

"The expansion of the airport and its occupation needs documentary evidence that it has complied with legislation."

Says Tony Barnett

Says Tony Barnett We can do nothing on council land or private land unless evidence that gases from business are causing a health hazard one of which you have mentioned, the others being methane and co2, I was able to prevent 3 anaerobic waste yards/farms from being developed because of the afore mention and also from the waste entering the land causing eutrophication.

Any works on common lands needs consent by the public and commoners, and then from the secretary of state, common lands are conservation lands, but Not, reservations, the expansion of the airport and its occupation needs documentary evidence that it has complied with legislation.

As commoners have a higher status than the public and council, the exchange of lands you have mentioned has not happened and never can unless the council require road widening, then there may be a land exchange, but the road will remain common land, paying for land would be by the council for similar works, but this is for many rights that due to road expansion means commoners will have their rights suspended for that period; The 1981 Act code - exchange land procedure requires that an acquiring authority must, as a general rule, provide land in exchange where common land (or a town or a village green) is taken by compulsory purchase (this then will be land that is part of demesne lands of an estate) however the exchange land must be of equal quality and size, but here we are discussing land that is not freehold, so no sale/purchase can be effected but requisition is possible, or is requisitioned by the secretary of state.

The applicants may try to claim that the rights were gained by prescription 1832, however they would need to show that the prescribed conditions were met with i.e there was proven that two periods of 30 years and one of 60 years applied, in total 120 years were gained by being certain and reasonable, as of rights and without interruption, and not by stealth was followed.

Worth taking into consideration is that a commoner may not,let,lease,sell or exchange the rights away from the property so attached, the main point you must make is that as the common is not freehold, so who has given consent?

When you attend the hearing you need to question all that are involved with the application or that support, not allowed is any member of the council,rangers and the like, they must remove themselves, each person must identify themselves and admit any connection/ interest, don't let the hearing begin until you are satisfied.

You can mention the fraud act if they refuse to disclose evidence, like failure to disclose, false representation and abuse of office, these come under the 2006 fraud Act, there will also be the 1971(1) criminal damage Act, these are your back hand if they don't disclose, you then must mention this, the hearing should be abandoned, you will need to share this with your colleagues and that is why you need to get the hearing stopped, say "we have received new evidence that the locals need to time to examine, don't take no for an answer, you have nothing to prove, but they have

Says Linda Wright

Says Linda WrightWe 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

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