Says Naomi Smith
It 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
Tony Barnett writes to Barbara Beardwell, MA Solicitor Head of governance and Monitoring officer at Hampshire County Council
"An internal review is requested, taking into consideration the legislation on common lands as is set down by Parliamentary Bill "
Says Tony Barnett
Until there has been an internal review, the ICO will not become involved, so this email is intended to represent that an internal review request, taking into consideration the legislation on common lands as is set down by Parliamentary Bill which is on the statute books, the Bill's carry Royal Assent also.
There is evidence that was taken into account for the application for works on Yateley common which HCC lost, this means then that no one is able to apply to pins as owners of this common land.
The statement which was forwarded to HCC yesterday is correct, but your rights to challenge's is there to use also.
May I draw your attention to legislation on commons where no person is registered as owner(subject to none compliance of section 4 1965 CRA?)- where a commons commissioner is unable to discover the owner of a registered common there is no procedure, as there is in the case of a town or village green for the vesting the common in a local authority or other person.
However, if nothing had been done, then such commons would have been at considerable risk of encroachment from nearby properties, for no mans land is in danger of becoming every man's land, therefore section 9 of the 1965 commons registration act provides that any local authority in who's area such an ownerless common is situated may take such steps against unlawful interference as an owner in possession of the land could take, this means that the authority can take criminal proceedings under the criminal damage act 1971-1 and also civil action to prevent trespass, but it is doubtful the authority could sue for damages since the section gives it no legal interest in the soil, the section does not empower an authority to spend money on clearance or improvement either.
So Barbara, the council has no jurisdiction to make deeds of grant or grants of easement, let alone purchase/conveyance, any works on section 9, now section 45 common land will not carry a public liability certificate, even commoners cannot insure the product or livestock, under the 2006 commons act the obligations of commoners was substantially enforced, "a commoner may not, let,lease, sell or extinguish the rites so attached to the property.
Section 14 subsection 1 of the FOI does not fit your get out attempt, you should be concerned with the nature of the request rather than the consequences of releasing the information (which you have denied to release) if you are concerned about any possible prejudice which might arise from disclosure, then you will need to consider whether any of the exemptions in part 11 of the act that will apply.
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