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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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I have registered grazing rights as a commoner over my local

Customer Question

I have registered grazing rights as a commoner over my local common. The registered owners (Parish Council) want to give an access track of 1Km over the common to a property outside the parish and off the common. Am I entitled to compensation for loss of grazing rights.
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alice H : My name is ***** ***** I'm happy to help with your question today.
Alice H : What loss will you suffer in this situation?
Customer :

As my animas have the right to graze the whole of the common, whether I choose to graze them or not, there is a loss of grazing area and also the loss of enjoyment of the common and the safety aspect. My particular concern is that this is a well used route over a footpath and a route which I have ridden regularly with my children. There are 3 other properties which I can foresee will try to use the track to get to their own properties. Who will police this situation? Also if an accident occurs to rider or animal who will the claims be against? How will they be proven. The Road Traffic Act forbids the driving of vehicles on Common Land. I appreciate the Parish Meeting as owner may grant access but as the gentleman who owns the property intends to sell it, I fear the route will become a danger to riders and walkers.

Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience: Partner in national law firm
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Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know what loss you will suffer? What are you currently grazing?
Customer: replied 2 years ago.

Not currently grazing anything as there is insufficient grazing. Defra made us reduce overall grazing back in 1998. This is irrelevant as my rights give me the rights of grazing over the whole common whether I choose to graze or not.

The applicant has a property outside the Parish, lives outside the Parish is proposing to sell the property for vast profit with access. He is not a Commoner and has no rights on the common.

Expert:  Ash replied 2 years ago.
So what loss will you suffer if you are not currently grazing?
Customer: replied 2 years ago.

The loss of quiet enjoyment of the common and the safety to walk at will with dogs and children without fear of a vehicle coming round the next bend.

Expert:  Ash replied 2 years ago.
How much are you expecting to claim?
But how is the right to graze affected when you are not doing it?
Customer: replied 2 years ago.

Doesn't make any difference in Law, the rights are mine whether I choose to use them or not. Anyone interfering with the land I have rights on is therefore in the wrong. Am surprised you are not quoting Massey v. Bouldon or Hanning v. The Bus Company. What I really want is to stop the driving on the common, not interested in any monetary gain.

Expert:  Ash replied 2 years ago.
If you want to stop it you can do several things:
1) You can write to the Chief Officer of the Council and register a formal complaint. This will then trigger the formal complaints process. They will investigate the matter and then report back to you.
2) If that does not work then you can try the Local Government Ombudsman. They offer a free, independent service but can usually only be used once step 1) is taken. They are at: www.lgo.org.uk
3) If that does not work then you can consider a Judicial Review. This is where a Judge considers the Councils actions to see whether they are legal and reasonable.
A Judge can agree with their decision or remit it back for further consideration.
But those are the 3 steps you can take.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thanks for that.

I have 6 weeks from the passing of the planning application to enter a request for a judicial review. (runs out 17th April). As this will cost around £1,000.00, I don't want to waste money (am a pensioner) if I can sort it out another way. Is there a way I can say I am considering a Judicial Review but would like to try other steps to resolve the matter first? Who do I contact? The Planning Office or the Court to make this request?

Expert:  Ash replied 2 years ago.
You should contact the Chief Officer of the Council.
That is who you contact.
If you need to JR you need to contact the Court.
Does that clarify?
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Expert:  Ash replied 2 years ago.
I see you rated my colleagues answer, did you mean to rate that one or mine?
Alex

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