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.
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.
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.
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.
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?