Archived decisions

Hampshire County Council

Regulatory Committee Item 12

10 January 2007

Application for a Map Modification Order for the addition to the definitive map of a bridleway between Cradle Lane and Bridleway 54 in the Parish of Headley

Report of the Director of Recreation & Heritage

Contact: Colin Piper Ext. 6043 [email protected]

WILDLIFE AND COUNTRYSIDE ACT 1981

53. Duty to keep definitive map and statement under continuous review

(2) As regards every definitive map and statement, the surveying authority shall -

(b) .... keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence.... of any of [the events specified in sub-section (3)] by order make such modifications to the map and statement as appear to them to be requisite in consequence of that event.

(3) The events referred to in sub-section (2) are as follows -

(b) the expiration... of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path;

(c) the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows -

(i) that a right of way which is not shown on the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way to which this Part applies;

HIGHWAYS ACT 1980

31. Dedication of way as highway presumed after public use of 20 years

(1) Where a way over land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.

(2) The period of 20 years.... is to be calculated retrospectively from the date when the right of the public to use the way is brought into question....

Presumed Dedication at Common Law

Use of a way by the public without secrecy, force or permission of the landowner may give rise to an inference that the landowner intended to dedicate that way as a highway appropriate to that use, unless there is sufficient evidence to the contrary. Unlike dedication under S.31 Highways Act 1980, there is no automatic presumption of dedication after 20 years of public use, and the burden of proving that the inference arises lies on the claimant. There is no minimum period of use, and the amount of user which is sufficient to imply the intention to dedicate will vary according to the particular circumstances of the case. Any inference rests on the assumption that the landowner knew of and acquiesced in public use.

1. Summary

1.1 The Three Counties Bridleways Group has made an application to have two connected routes, in Headley, recorded as bridleways. The claim is primarily based on user evidence which the applicant believes demonstrates that the public has acquired a right of way through long usage. The application is recommended for refusal because there is evidence that the landowners for one section had no intention of dedicating a public right of way over their property and for the other section on the grounds that there has not been 20-years continuous use of the same route, within the relevant period.

2. Claimant:

    The Three Counties Bridleways Group

    Mrs M Comber

    The Old Cottage

    Frith End

    Bordon

    Hampshire

    GU35 0QS

3. Landowners:

    For section A-B (part): For section A-B-C (part):

    Mr D Hadfield Lithuanian House Limited Mellow Farm Headley Park Country Club Dockenfield Headley

    Surrey Hampshire

    GU10 4HH GU35 8TE

    For section D-E: For section E-F-G and F-H:

    No known owner Mr A Whitfield

    Land not registered Headley Wood Farm

                Headley

                Hampshire

                GU35 8SG

    Hampshire County Council has a lease of the land, south of Pickett's Hill, covering route E-F-G and F-H for use as a nature reserve.

4. Description of the routes (please see map at back of report)

4.1 The first part of the claim runs from a Byway Open to All Traffic known as Cradle Lane, at point A, through woodland known as Baigent's Hill, to emerge onto a road called Pickett's Hill at point C. There is an existing earth track that provides access to a camp site in the middle of the wood (point B) but beyond that, at present, there is no recognisable path out to Cradle Lane. The length of this route is approximately 400 metres.

4.2 The second part of the claim runs from Pickett's Hill, at point D, along what used to be an earth path bounded by banks, but now obstructed by growing and fallen trees, to a junction of gravel tracks at point F. The claimed route then splits into two, the southern most route follows an existing gravel track to connect with Bridleway 54 at point G, whilst the other route is slightly to the north on what was an earth path, now partly overgrown, that connects with Bridleway 54 at point H. The total length of these paths is approximately 660 metres.

5. Background to the claim

5.1 The claimed routes provided a link for horse riders that connected a Byway Open to All Traffic, known as Cradle Lane, with Bridleway 54 on Broxhead Common. Although it was (and still is) possible for the riders to make this link using Picketts Hill road, there is a dangerous bend, with no verge, in the vicinity of the country club, and the claimed route enabled them to avoid that. The woodland north of Picketts Hill has been owned and occupied by the Lithuanian Association of Great Britain since 1955. It has been used as a summer camp for scouts and guides from that time and it also contains permanent pistol and rifle ranges.

5.2 In 1980 Hampshire County Council entered into a formal agreement with the landowner of Broxhead Common to lease and manage approximately 100 acres of the common. Under the terms of the lease the County Council was to manage the site for the benefit of wildlife whilst at the same time permitting public access. The claimed bridleways between E-F-G and F-H run over that area of land that is leased by the County Council, and which is also a registered common.

5.3 The Lease Agreement between the landowner and the County Council, does not give horse riders a right of access to Broxhead Common. Although Broxhead Common is a registered common, and therefore Access Land as defined by the Countryside & Rights of Way Act 2000, this status does not convey a right of access to horse riders. There is a right to open access for walkers only. Horse riders have a right of access for air and exercise to Metropolitan Commons but not to commons in rural districts as at Broxhead.

6. The issue to be decided

6.1 The issue to be decided by this committee is whether there is evidence to show that the claimed paths ought to be shown on the definitive map as public rights of way.

6.2 Any changes to the definitive map must reflect public rights that already exist. It follows that changes to the definitive map must not be made simply because such a change would be desirable, or instrumental in achieving another objective. Therefore, before an order changing the definitive map is made, Members must be satisfied that public rights have come into being at some time in the past. This might be in the distant past (proved by historic or documentary evidence) or in the recent past (proved by witness evidence).

6.3 Evidence forms and statements taken from those who have used the path or have knowledge of it in living memory can show that rights have been acquired as a result of a recent dedication at common law, or a deemed dedication under s.31 Highways Act 1980. The burden of proof in these matters is `on the balance of probabilities', so it is not necessary for evidence to be conclusive before a change to the definitive map can be made. If there is genuine conflict in the evidence, for example between the evidence of users on the one hand and landowners on the other, Members should make an order so that the evidence can be tested at a public inquiry. However, this is not a step which should be taken simply to avoid making a difficult decision.

6.4 The originals of many of the documents referred to in this report are only available in public record offices, but copies, transcripts or tracings of most documents are available for inspection in the offices of the Rights of Way Section, as are witness evidence forms and statements. Members are urged to inspect these, or the originals, when considering this report.

7. Documentary evidence

7.1 1810 Ordnance Survey map - one inch to 1 mile

    There is no path or track shown on this map for claimed route A-B-C.

    Section D-E-F appears as part of a much longer track that runs south-west from Picketts Hill and then turns south, close to the eastern edge of Broxhead Common, to Lindford. There are no paths or tracks on routes F-G and F-H.

7.2 1825 Turnpike Map

    This map shows the proposed route of a Turnpike Road between Petersfield and Farnham, a route that is the present day main road, the A325, which bisects Broxhead Common. Other existing tracks are shown on this plan and the section D-E-F again appears a part of a much longer track that runs from Picketts Hill, generally southwards, to Lindford.

7.3 1826 Greenwoods Map

    This map shows the topographical features in an almost identical fashion to the earlier Ordnance Survey map of 1810. There is a track which roughly corresponds to route D-E-F-G and from there it turns to the south.

7.4 1847 Tithe Map

    This map does not show any paths or tracks in the locality of the claimed routes.

7.5 1869 Sale particulars

    This map shows those lands to be sold as part of the estate known as `Headley Park and Pickets Hill'. It does not include the section A-B-C. Section D-E-F is also not included, or a track shown, but it is annotated with, presumably, the name of the landowner `Mr John Clear'. The remaining sections F-G and F-H are on the border of the estate but the map does not show any paths or tracks on those alignments.

7.6 1870 Ordnance Survey map - 25 inches to 1 mile

    On this map the land north of Picketts Hill consists of several fields and some woodland. There is no path or track shown on the map on the route of the claimed paths. However, the very top field, just west of point A, is described in the book of reference as a `Garden' and it has paths around the edge and through the middle. Access to this garden, from Cradle Lane, is at the very same point which the horse riders used as the access point to the woodlands in recent times. At this date the present day hotel did not exist but there is a small building called `Lodge House' on the same site.

    South of Picketts Hill road the section of claimed path D-E-F appears on this map as a narrow track running between boundaries 12-16 metres apart. However, at point F the track turns to the south and does not make a direct connection with what is now Bridleway 54. This track does not have a separate parcel number but is included in the great expanse of Broxhead Common which the book of reference describes as `Rough pasture, furze etc.'. About 750 metres to the south, this track connects with a route that the reference book describes as an `Occupation Road' that leads to `Headleywood Farm'.

7.7 1895 Ordnance Survey map - 25 inches to 1 mile

    This map shows very little change north of Picketts Hill, there is still no path or track in the locality and the only alteration of significance is that the woodland has expanded into some of the fields and part of the garden. The present day hotel building is shown on this map and annotated `Headley Park'.

    South of Picketts Hill this map still shows the same track running along section D-E-F and then turning to the south, but by this date there is a solid boundary across the track just south of point F which would probably indicate the existence of a gate. This time there is a path or track that forms a fairly direct connection to Bridleway 54 and it roughly follows the alignment of F-H. However, the eastern half is primarily an access track to what is now Common Cottage and the western half of this route is annotated `FP' for Footpath.

7.8 c1905 Sale particulars

    This plan shows the land to be sold as part of `The Headley Park Estate' and uses as its base the earlier Ordnance Survey map of 1895. There is no material difference from the earlier survey.

7.9 1909 Ordnance Survey map - 25 inches to 1 mile

    The land north of Picketts Hill is now mostly woodland and there is still no path or track in that area. The house known as `Headley Park' remains unaltered. South of Picketts Hill there is a narrow track that follows the alignment D-E-F-H. It meets what is now Bridleway 54, which is annotated `FP' for footpath, and continues on the other side across Broxhead Common. There are no features across this route to indicate the existence of gates or other barriers. There is no path or track on the alignment F-G.

7.10 1935 Ordnance Survey map - 25 inches to 1 mile

    There is no significant change shown on this map compared to the 1909 edition.

7.11 Conclusions on pre-war mapping evidence: Route A-B-C

    There is nothing within the Ordnance Survey maps and other documents produced before the Second World War to suggest that there was a public right of way, or even a path, through the woodland. The Ordnance Survey map of 1870 shows the land as a garden and fields with no path or track across it. Over the years the garden and fields have become colonised by scrub and trees to take on the appearance that it has today. The access point from Cradle Lane, used by horse riders after the Second World War, probably started life as the access to the garden on the west side of the lane. The claim for section A-B-C therefore must be considered on the basis of post-war user and documentary evidence.

7.12 Conclusions on pre-war mapping evidence: Routes D-E-F-G and F-H

    The early small-scale maps suggest that the section D-E-F was part of a much longer and important route that connected Lindford with Cradle Lane. It is shown as such on the first Ordnance Survey small-scale map of 1810, the proposed Turnpike map of 1825 and Greenwoods map of 1826. After that date, and the construction of the new Turnpike Road to the west, there is very little evidence that there was a public route along the eastern edge of Broxhead Common. The later Ordnance Survey maps show a narrow path or track but nothing to suggest that it was a public right of way. The early small-scale maps do not provide sufficient evidence for the existence of a public right of way, at that time, therefore the claim must be considered on the basis of post-war user and documentary evidence.

    Post-war documentary evidence

7.13 1971 Ordnance Survey map - 1/2500 scale

    North of Picketts Hill, the map shows `Baigent's Hill' as an area of woodland. There is a track that leads from Picketts Hill road (point C) north eastwards towards Cradle Lane but it stops at a turning circle about two-thirds of the way into the woodland (point B) and does not connect with the lane. There are two access points at Picketts Hill, 26 metres apart, with a break in the solid line that indicates that they are not gated at this time. South of Picketts Hill, the old track shown on the earlier maps, between points D-E-F, has disappeared although the map still shows parallel solid lines forming the boundary banks of the old feature. There are tree and scrub symbols within these solid lines, indicating that it has become vegetated. This map shows `Tracks' on the alignments of both F-G and F-H connecting to a `Path' which is now Bridleway 54.

7.14 1978 Ramblers Survey

    In April 1978 the Ramblers carried out a survey of all rights of way in Headley which included a written description of each path. For Cradle Lane it reads, in part, "...along woodland tractor track (3 metres wide) between earth banks (9 metres apart), unenclosed woodland to north west but enclosed by barbed wire fence 3 metres beyond top of eastern bank." Under points of interest it has "Camp site in woods west adjacent junction with C102."

    This description provides good evidence that the woodland boundary was not fenced at that date and that there was an obvious camp in the wood during the spring months.

7.15 1987 Lithuanian Scouting Album

    The Lithuanian Association has provided a book, published in 1987, which details the activities of their scouting movement in the period 1947-1983. It contains many photographs of the annual camps held during that time and demonstrates that the first camp was held in Headley in 1955 and at the same location for most subsequent years until 1983. The photographs show large numbers of children and adults taking part in activities in the woodland north of Picketts Hill.

7.16 1991 Survey of paths

    There is another written description of all paths in Headley which was probably carried out by the Parish Council in 1991. Cradle Lane is still described as being enclosed by a bank on its north west side with no mention of a fence.

7.17 1997 Public Inquiry

    On 10th June 1997 a public inquiry was held to consider two Orders made by Hampshire County Council. The first Order to be considered was a Map Modification Order to record public bridleway rights over Headley Footpath 54 and the second Order was a Bridleway Creation Order, over the same route, if it was found that bridleway rights did not already exist.

    In considering the Map Modification evidence the inspector supported the County Council's position that public bridleway rights did not exist. He came to the conclusion that the archive evidence did not suggest the existence of equestrian rights and that, within the relevant period for consideration, there was insufficient evidence of public equestrian use of the Order route to support a claim of presumed dedication. Turning to evidence for the Creation Order he concluded that "...there is massive and virtually unchallenged evidence as to the need for a north/south equestrian link across Broxhead Common" and consequently confirmed the Order which created bridleway rights over Footpath 54.

    The Inspector's first decision is very relevant to this claim because, as it was found that public bridleway rights did not exist over the route of Footpath 54, then the current claimed route did not connect with a public bridleway until he confirmed the Creation Order in 1997.

7.18 1999 Letter from East Hampshire District Council

    On 8th October 1999 the Acting Rights of Way Manager for East Hampshire District Council, Jill Trout (one of the users) wrote to the claimant Mrs Comber. It was obviously in response to a letter from Mrs Comber which it has not been possible to trace. The letter is headed "Headley Park, Picketts Hill" and reads in part:

    "Thank you for your letter of 11th August. The Enforcement Team have investigated the fencing and conclude that planning permission is not needed for the fencing and gates. It would be very useful for a path here and it is a shame that access is being denied."

7.19 2000 Application for a Map Modification Order with letter

    The application was made on 2nd October 2000 and supported by evidence of use from 15 riders. The application is accompanied by a letter from Mrs Comber which includes the following:

    "The path continues across the road and follows the common land close to the boundary of Broxhead Common. This path was obstructed during the big storm of 1989 by fallen trees and has never been cleared. Riders had no alternative but to use the section of the C102 as a diversion, until they reached either the dirt track, or slightly further west, the gravel track by Common Cottage, where they could rejoin the path. At this point there are two claims, one for the earth path which runs close to the boundary of Common Cottage and one for the gravel path which runs towards the Forestry Commission gates. It should be noted that soon after ...the Autumn of 1997...the aforementioned gravel track...was signed `NO HORSERIDING' and vigorous attempts by the owners of Common Cottage and the tractor driver for the Headley Park Estate...were made to dissuade equestrians from using the track."

8. User evidence

8.1 A total of 15 user evidence forms were submitted in 2000 in support of the claim. Every form has with it a signed map which shows the claimed routes in the same manner, although the map does not include the north-eastern end of the route because it is over the map edge. Please see chart at the back of this report for a visual representation of the user evidence. Please note that the evidence of use from Mrs Trout does not relate to route A-B-C.

8.2 Ms S Burr of Alton

    Ms Burr has moved to Stevenage and has not been interviewed. From her form she claims use on horseback from 1986 to 1998, 50 times a year. She acknowledges that the route just south of Picketts Hill was "blocked by fallen trees therefore had to find other route."

8.3 Mr A Button of Frith End

    Mr Button has been interviewed by telephone and provided the following statement:

    Mr Button has ridden the claimed routes without interruption, between the years 1989 to 1998. He used to ride down Cradle Lane, towards Picketts Hill, but before he got to the road he would cut through the woodland, belonging to the Lithuanian club, on the north-west side of the lane. The land wasn't fenced and Mr Button was able to gain access at a particular place where it was easy to get into the woods. Once into the woodland he followed an obvious path that brought him out to Picketts Hill by the rifle range. Again there was no fence, or gate, at that point and he was able to ride out to the road. He does not recall there being any signs or notices in the wood to say that it was private. Mr Button didn't see anyone in the woodland and therefore no one challenged him or said `What are you doing here?' He didn't see anyone camping in the wood either.

    From Picketts Hill he would cross the road diagonally for about ten yards to enter the land on the other side. he would then follow an obvious earth path which ran alongside a field and that brought him to a gate, beyond which was Broxhead Common. Mr Button rode on his own but would occasionally see other horse riders on Broxhead Common and Cradle Lane. He did most of his horse riding in the direction of Frensham but would go to Broxhead about six times a year, at all seasons. He stopped horse riding because of problems with his back and has not ridden the claimed route since 1998.

8.4 Mrs L Chishick of Alton

    Mrs Chishick is very elderly and for that reason has not been contacted. From her form she claims usage from 1955 to 1985, 12 times a year. Believes that the way is public "Because I have always ridden it."

8.5 Mrs M Comber of Frith End

    Mrs Comber was interviewed in person in April 2005 at the same time as an interview for another claim that she had made.

8.5.1 Mrs Comber moved to her present address in 1971 and started riding in the area from that date. She usually went riding on Broxhead Common and to get there she headed south down Cradle Lane and on her right was an area of woodland called Baigent's Hill. There were three gaps in the boundary bank on the west side of Cradle Lane that enabled her to gain access to the woodland. Once in the wood she was able to use several paths and tracks that led out to the road known as Picketts Hill. There were two access points onto the road, quite close together. Mrs Comber then crossed the road to connect with a path that ran through the woodland, between earth banks, to a junction of tracks on the east side of Common Cottage. There were a few trees along the route but she was able to make her way through. From Common Cottage Mrs Comber has used three different routes to get to Bridleway 54.

8.5.2 Although Mrs Comber went riding by herself, about twice a week, she used to see lots of other horse riders using the same routes as herself. She does not recall there being any signs or notices along the way to say that the route was private and she has never been stopped or challenged. The route between Pickett Hill road and Bridleway 54 was blocked by fallen trees following the storm of January 1990 (sic) and Mrs Comber has not used that route since that date. The route between Cradle Lane and Pickett Hill road was obstructed in the early 1990s by fencing that was erected around the edge of the woodland. This new fence blocked the gaps from Cradle Lane and onto Pickett Hill and stopped her use of this route completely.

8.5.3 In a further letter dated 28th September of this year, Mrs Comber commented on the evidence supplied by the Lithuanian Association as follows:

    "There are references to a notice which I remember as being almost indecipherable saying `Private Land' at the point where the path exits on to the C102. The notice in no way inferred that there was no right of access for horse riders along the path.

    One statement says that there was a single bar gate at the access to the camp site. Another refers to this and both say there was a way to circumnavigate it. In fact there were many ways a horse rider could circumnavigate it, not least another entrance a few yards to the west which was never gated. It shows clearly on the map. But most of the time the iron bar was on the ground and could be walked over.

    Fencing in disrepair is spoken of. I can say that there was no fencing of note until 1999 when a wire fence was erected. Travellers and theft of camp equipment are two reasons given for erecting the fence. A third is to prevent horse riders from riding through the camp site. When the land was fenced a gap for walkers was left at approximately the position where the claimed path leaves Cradle Lane. Of course the gap could have been made wide enough for horse riders as it would not have affected the ingress of travellers or miscreants.

    I can say as a horse rider who frequently used the path, that from our point of view we found it somewhat inconsiderate to place the scout camp so close to the path, but as it was only for two or three weeks in the summer most of us avoided using the path during that time even though the camp was usually empty of inhabitants."

8.6 Mrs S Cooper of Kingsley

    Mrs Cooper has been contacted by letter, and a telephone message has been left but without success. From her form she claims use from 1973 to 1998, between 30 and 50 times a year. Mrs Cooper regards the way as public because she was "Taken there as a riding school pupil in 1973 and have used it ever since on own horses." Her journey was from "One side of Broxhead Common to the other side."

8.7 Miss S Henwood

    Miss Henwood and Miss Kerr (see paragraph 8.10 below) were interviewed in February 2005 as part of an investigation into another bridleway claim. They used to ride together over Broxhead Common and Baigent's Hill in the company of another rider called Judith Rowe. Although on their forms they claim use between 1965 and 1998 they have acknowledged, by letter, that their riding over Broxhead stopped in the late 1980s a few years after Judith Rowe's death in 1985. They say that they stopped using the route past the Lithuanian club `when gates went up on that path' without giving a specific date. Use of the path was ten times a year for leisure and relaxation. Miss Henwood regards the way as public because she has "always ridden it without ever being stopped." Acknowledges the existence of fallen trees as an obstruction on the path south of Picketts Hill.

8.8 Mr P Hill of Bordon

    Mr Hill has been contacted by letter and telephone. He is not in good health and declined to be interviewed to provide a statement.

    From his form he claims use from 1971 to 1995, for exercising horse, but hasn't specified frequency. Regards the way as public "Because I've always used it. Nobody has ever stopped me."

8.9 Mrs J Holder of Alton

    Mrs Holder moved to her present address in 1965 and from that date she started riding her horses on Broxhead Common to the south of Blacknest. To get there she would ride down Cradle Lane and then branch off through the woodland on the right hand side. There was an obvious hole or opening in the boundary with a worn track that led through the wood to Picketts Hill road. This was a useful route that avoided the dangerous bends along the road by Headley Club. At Picketts Hill Mrs Holder went just to the right of a gateway and then crossed the road and rode between an oak tree and a telegraph pole. From there she turned slightly to the right and keeping an earth bank on her left she rode along an earth track that brought her out to a good travel track with a house on the corner. She then used this gravel track to connect with a bridleway which led on to Broxhead Common.

    Mrs Holder used these paths as part of a long circular route between her house and Broxhead Common about 15 to 20 times a year. She quite often rode that route with others, notably Mrs Chishick and her daughter, and girls that worked for Mrs Holder. She does not recall there being any signs or notices to say that the land was private and there were no physical obstructions to stop her riding other than the occasional fallen tree. She saw other horse riders and some dog walkers using the same paths in the woodland. She stopped riding in 1994 because of illness. Mrs Holder can't remember there being a camp site in the woodland north of Picketts Hill and certainly no one stopped her from riding through there. However, she tended not to do the longer ride to Broxhead in the summer months. Although she rode at all times of the year she attended horse shows around the country from April to September and, because this was a busy time, she mostly did shorter rides during those months.

8.10 Miss P Kerr of Standford

    Miss Kerr claims use between 1965 and 1998, about 10 times a year, for leisure and relaxation. She regards the way as public because she has "always ridden it without ever being stopped." Acknowledges that part of the route is obstructed by fallen trees. (See paragraph 8.7 above)

8.11 Mrs S Knight-Jones of Micheldever

    Mrs Knight-Jones was interviewed in June 2006.

    Mrs Knight-Jones was born in 1956 and for the first 25 years of her life she lived at Frith End House about a mile north of Broxhead Common. She started riding horses at an early age and from about the age of 10 she would ride along the local roads and paths on her own. A special ride for her was to cross the A325 by her house and ride up Dockenfield Road to Cradle Lane. She would then go south down Cradle Lane, through a stream, and then turn right into woodland alongside the lane. There was an obvious place to enter the wood with a clearly defined track or path through the trees which led to a road called Picketts Hill. At Picketts Hill there was another obvious opening out to the road.

    Mrs Knight-Jones would then cross the road and ride roughly parallel to the road to join a path now known as Bridleway 54 which gave access to Broxhead Common. She then used the paths and tracks on Broxhead Common and usually returned the way that she'd came. Sometimes she rode this route with a friend called Linda Gostage who now lives in Germany. She would also meet other horse riders who were using the same route in the other direction.

    Mrs Knight-Jones used this route about once a month and carried on this routine until she left Frith End House in 1981. However, she still kept her horse there and continued to ride about twice a year when she returned on holidays to visit her parents. In 1995 she moved her horse to Micheldever and she has not ridden the claimed route since that date.

    Mrs Knight-Jones has never been stopped by barriers across the claimed path. She saw scouts and guides camping in the wood between Cradle Lane and Picketts Hill but they were not on the used path and she was able to ride around them. Noise from the pistol club in the woodland did not stop her riding through there. No one challenged her use of the path. She does not recall there being any signs or notices along the way to say that it was private. She did not know who the owners of the land were and she did not ask permission to use these routes.

8.12 Mrs J McBeath of Headley

    Mrs McBeath has been contacted by letter and a telephone message has been left with a relative but she has not returned the call. From her form she claims use between 1945 and 1985, 40 times a year, for long distance fitness riding. Regards the way as public because "Have always used this land and paths for riding and walking since 1945."

8.13 The late Ms E Roe of Grayshott

    From her form Ms Roe claimed use of the path, between 1965 and 1997, six times a year. She regarded the way as public because "I have ridden it over a number of years without being stopped."

8.14 Ms P Slater of Headley

    Ms Slater emigrated to Spain in 2002. From her form she claims use of the path from 1979 to 1999, 17 times a year, to exercise her horse. Regards the way as public because "I have always ridden along this path and no one has ever stopped me." In reply to the question `Have there been any notices along the route?' she has replied "In 1997 at point F No Horse Riding."

8.15 Mrs B Thomas of Kingsley

    Mrs Thomas has moved to France and it has not been possible to contact her. From her form she claims use of the paths, every day, between 1989 and 1998. Regards the way as public because "I have always used it as of right and without interruption."

    In reply to the question `Have there been any obstructions across the route?' she has replied "Middle section obstructed by fallen trees."

8.16 Mrs J Trout of Dockenfield

    Mrs Trout was interviewed on 19th October but she has not yet returned a signed statement made as a result of that meeting. During the interview she admitted that she had not used the claimed route north of Picketts Hill and that her evidence related only to the routes south of the road.

    From her form Mrs Trout claims use of the path from 1959 to 1980, about 12 times a year. She regards the way as public "because I used it when I was 12 years old on my pony and for a number of years later." She does not recall the existence of any notices or obstructions along the route.

9. Evidence from land owners/managers

9.1 Mr D Hadfield of Mellow Farm, Headley

    Mr Hadfield has owned a small portion of land, in the north-east corner of the woodland known as Baigent's Hill, since the early 1950s. Mr Hadfield has completed a landowners form on which he has provided the following information:

    "I have nothing against horse riding and encourage people to ride over the headlands of our grass fields as being safer than riding on our narrow local roads but I believe this claim to be without foundation. I believe there are two reasons for the claim, A to add support for the closure of the noisy rifle range and, B to avoid exiting from the bridleway onto a corner of the road that has limited visibility."

    Mr Hadfield does not believe that the evidence from old maps supports the claim for a the existence of a bridleway. He has not seen riders on his part of the woodland but he has seen them use a path in the woodland belonging to Headley Club. He comments that the owners of Headley Park fenced the western side of Cradle Lane, including his land, about 7 or 8 years ago but only told him about it afterwards.

9.2 Mr R Maunder of Mellow Farm, Headley

9.2.1 Mr Maunder has worked for the Hadfield family, at Mellow Farm, for the last 38 years. In June 1974 he moved to a house called Baigents Copse which is on Picketts Hill, just to the west of Headley Park. He lived at that address until 1987. When Mr Maunder lived at Baigents Copse he had three dogs and took them for a walk every day without fail. He walked everywhere in the locality of his house, including the woodland north and south of Picketts Hill. He got to know the managers of Headley Park Club and they gave him permission to shoot in the woods north of Picketts Hill and to walk where he wanted.

9.2.2 Mr Maunder helped manage the woodland for Headley Park Club by preparing the site for their summer camps. The camps were there continuously from June through to August and occupied most days, sometimes by as many as 60 people. There was no camping outside of those three months and the woodland was not used except for the firing ranges. He also drove down Picketts Hill road past the Club, four times a day, going to and from work. He knew the area very well and spent a lot of time in the surrounding woodland, either walking or shooting, on average about four days a week.

9.2.3 When Mr Maunder first moved to Baigents Copse there were two tracks, close together, that led north into the woodland from Picketts Hill. These tracks gave vehicular access to the camp site and to the firing ranges. He does not remember there being any gates, barriers or notices on these tracks at Picketts Hill. He is almost certain that, in all the time that he lived at Baigents Copse, he never saw a horse rider in the woodlands north of Picketts Hill other than those from the local hunt during the hunting season. He was aware that riders were using Cradle Lane, but not through the woods belonging to Headley Park Club.

9.2.4 After Mr Maunder left Baigents Copse, in 1987, he continued to work at Mellow Farm and regularly visit the Baigents Hill area. There was a period of time, after 1987, when he was aware that riders were going through the woods north of Picketts Hill because he saw their tracks going into the trees from Cradle Lane at point A. About 6 to 10 years ago Headley Park Club fenced their side of Cradle Lane and, he believes at the same time, put up a gate across the main track at Picketts Hill.

9.2.5 Mr Maunders' friend lived at Headley Park Cottages on the south side of Picketts Hill. When he lived at Baigents Copse he would walk to his friend's house on average about twice a week using the tracks in that area. He has never seen horse riders using the tracks south of Picketts Hill other than the agent for Headley Park Estate and riders with the local hunt during the hunting season. There was no sign of a used track between points D-E when Mr Maunder lived at Baigents Copse. In October 1987 the hurricane brought down a lot of silver birch trees in this area and some of them are still lying on the ground today.

9.3 Mr S Porter - Manager of Headley Farms

    Mr Porter represents Mr Whitfield's interests and in a letter dated August of this year, he wrote:

    "Whilst the Three Counties Bridleways Group may be admitting trespass, the claimed bridleways...have never been public rights of way. As a child I remember in the late sixties riding with my family and the then owner's family on the path I have marked (D-E and D-F) but on reaching the made up road we always either went northbound, reaching Picketts Hill Road or southbound towards the Laundry / Headley Park Cottages. We never went straight across the track because there never was, and still isn't, any public right of way across land owned by the Headley Park Club. The track (D-F) has long since grown over with vegetation through lack of use due to the fact that my family and the current owners family no longer ride."

9.4 Lithuanian House Limited

9.4.1 Lithuanian House Limited owns Headley Park Hotel (formerly a country club), and its surrounding grounds on the south side of Picketts Hill, and the vast majority of the woodland known as Baigent's Hill on the north side of the road. The woodland is used for outdoor activities such as camping and pistol shooting. The Lithuanian Association has submitted evidence from 55 members and employees in the form of seven statutory declarations made in 2001 in response to the application for bridleway rights, and 52 landowners evidence forms, letters and statements completed in recent months. There is too much evidence to relate in detail within this report but, briefly, 39 members who have used the woodland for camping maintain that they have never seen horse riders using a route through the woodland north of Picketts Hill. 16 members say that they have seen horse riders in the woodland and their evidence is looked at in more detail below, together with evidence from the past managers of the club and a few other representative samples. The members evidence is summarised in a table that is attached to this report at Appendix 2.

9.4.2 Mr J Alkis (Statutory declaration)

    Mr Alkis was a member of The Lithuanian Club at Headley Park from 1956 to 2001 and held various positions of responsibility with the Lithuanian Association. He was appointed a director of the club in 1970 and remained a Director until 2001. Mr Alkis was aware that horse riders rode along Cradle Lane. He knows that, in about 1989, the then managers reported that riders had been seen on Baigents Hill and orders were given by the directors not to allow them to do so. Between 1956 and 1993 Mr Alkis used to run scout camps on the Baigent's Hill land. He recalls seeing riders on the Baigent's Hill land in 1989 during the summer scout camp. He informed the riders that they were trespassing and advised them the hill was private property, a campsite for young children, and that horses or any other animals were a danger to the children and disrupt the camp life and programme. The riders heard what he had to say and turned around and went back to the road. Over the years notices have been maintained on the gate into the campsite from Picketts Hill road. These notices informed the public that the land was private property. The club has had a continual problem over the years with vandalism and removal of such notices. Over the years camp huts and camp equipment have disappeared from time to time and in about 1998 the Club decided to erect a fence to better secure the area. There was previously a gate in place but this wasn't enough. The riders used to avoid the gate by riding around and forging new paths themselves. The club erected the fence to prevent this happening, although other fences at the site had previously been broken down and ridden over.

9.4.3 Ms Aldona Cornish (Statement)

    Ms Cornish was born in 1977 and has been a regular visitor to Headley Park Country Club from her early childhood until 2000. With her parents she would often visit the club for a weekend and on other occasions spend time there as part of their family holiday. Ms Cornish has been a member of the Lithuanian Scouts Association in Great Britain for many years. In the last week of July each year, the Lithuanian Scouts organise a summer camp, for Lithuanian boys and girls of all ages, at Baigent's Hill, Headley. The campsite is entered by way of a single gate on Picketts Hill then following the dirt track to the campsite. There has always been a notice on the gate saying "Private Property". During the scout camp the gate would be left open for visitors but closed at other times. Ms Cornish has attended the camp since her early childhood, with her brother, and then in later years as one of the supervising Senior Scouts during camp week. On the occasions Ms Cornish has visited the Club, or been participating in the annual scout camp, she has only once encountered individuals riding on horseback in the woodland. This incident was many years ago but she recalls that the riders were attempting to ride through the middle of the area occupied by the girls' campsite. As she was not at the camp as a supervisor, but an attendee, Ms Cornish cannot recall if the riders were challenged by the Senior Scouts.

9.4.4 Mr A Cornish (Statement)

    Mr Cornish was born in 1973 and has been a regular visitor to Headley Park Country Club from his early childhood until 2000. His evidence is very similar to that of his sister (above) except that he remembers riders being challenged in the woodland. This was in approximately 1997 when he was attending the annual scout camp. In his presence the riders were informed by one of the camp officials they were riding on private land for which the riders apologised and returned to Cradle Lane to the east.

9.4.5 Mr P Dobrovolskis (Statement)

    Mr Dobrovolskis and his wife managed Headley Park from 1995 to 2002. They lived on site in the main building and had the responsibility of looking after not just the building but also the extensive grounds and woodlands which form the estate. The woodlands on the north side of Picketts Hill contained rifle and pistol ranges as well as a camp site. The camp site was used mainly in the summer months. There was a gate to the camp site which was kept padlocked but some fencing close to it had fallen into disrepair. Horse riders used these gaps to gain unauthorised access to the property. On two separate occasions Mr Dobrovolskis met horse riders and he informed them that they were on private land and that they had no right to be there. On neither occasion was an apology or explanation received from the riders. The fence was fully repaired in either 1998 or 1999 and horse riders were no longer able to gain access.

9.4.6 Ms P Gasch (Statutory declaration)

    Ms Gasch has been a member of the Lithuanian Club at Headley Park since about 1995 but has lived locally since 1947. Over the years 1996-2001, she noticed that horse riders crossed the private woodlands and the camping site which is used for boys and girls summer camps. She noticed the hoof prints churning up the woodland but she has seen them only rarely. Whenever Ms Gasch saw these horse riders, she approached them, telling them that the area was private, that they were riding through a campsite and how dangerous it was for them to be there. She directed them towards the bridle path at Cradle Lane, away from the private land. On the last occasion, one rider said that she didn't want to use the bridle path as it was too muddy and that her horse would lose its shoes. The rider also said that she didn't fancy going back the same way that she had come and that she wanted variety. Recently, that is 2000-01, Ms Gasch tried to block the place where the riders leave the bridleway, firstly by securing ropes across with ribbons attached to them and, secondly, by placing logs across the area. This made no difference and the riders just ignore the boundary and continue to trample the flowers.

9.4.7 Ms V Gasperas (Statutory declaration)

    Ms Gasperas was a member of the Headley Park Country Club from 1957 to 2001. Since 1988 she held various positions of responsibility within the Lithuanian Association of Great Britain including chairperson from 1999 to 2001. She was for a number of years, in the 1980s and the early 1990s, Commissioner for Lithuanian Girls Scouting in Great Britain and as such she attended the majority of the summer camps held on Baigent's Hill and the other week-end events held on that site. Over the years notices have been displayed on the gate at the south end of the track at Picketts Hill at point C. These notices have regularly been defaced or removed by unknown persons. The notices indicated that the land was private land. Whenever notices have been defaced or removed they have been replaced. Over the past 20 years Ms Gasperas has visited Headley Park at least three or four times a year. The children's camp has been held every year on the Baigents Hill site since 1955. She believes that it is dangerous for horses to ride through a camping ground and has challenged the occasional horse riders who she has seen pass through the camping area. On one occasion Ms Gasperas was present in the girls camping area on Baigent's Hill when three, or perhaps four, young girls on horseback attempted to ride through the centre of the girls campsite. She challenged them and advised them that Baigent's Hill was private land, that they were trespassing and that they were causing a danger to the children who were camping on the land at the time. Ms Gasperas told them that they should not be riding on this land. She distinctly remembers the occasion as the riders had appeared from the woodland to the north of the campsite and showed no signs of stopping notwithstanding the fact that they could clearly see the children playing directly ahead of them on the route they were proposing to take. Whilst Ms Gasperas was the Commissioner for Lithuanian Girls Scouting in Great Britain she received a number of complaints about horses being ridden through the camp site. She was also aware from the reports which she received that the riders were challenged and informed that the land was private and that they had no permission to ride on it.

9.4.8 Mr V Gedmintas (Form)

    Mr Gedmintas has been a member of Headley Park Club from 1987. He recalls that during scout camp, in the last week of July 1990, two riders came into the camp and caused dangerous disruption. He told them it was private land and very dangerous for children to have horses around. Mr Gedmintas had to chase them off with an admonishment to never come back.

9.4.9 Mr G Jakimavicius (Form and statement)

    In all the years that Mr Jakimavicius has spent at the country club he has never seen or been aware of use by horses and their riders. He spent many summers and other vacations at the venue. This experience he undertook several times a year for about 20 years from about 1980-2000. His role during those periods was usually as a leader of youth and scout events and would have been such that he would have seen activity by horse riders. Mr Jakimavicius says with absolute certainty that, in his experience, the riding of horses has not taken place to any extent in his presence.

9.4.10 Mr Z Juras and Mrs V Juras (Statutory declaration)

    Mr & Mrs Juras have been members of the Headley Park Club since 1950. Mrs Juras has acted as the manageress of the Club at various times since that date. During these periods of management she lived on the premises and Mr Juras would visit her at week-ends. Since retiring from her position as temporary manageress at the Club, in 1995, she has visited Headley Park on an average of four times a year, sometimes more. During the time that Mrs Juras was manageress of the club she was never aware of members of the public, or horse riders, using any part of the club's land. Over the years that Mr & Mrs Juras have been involved with the club there has always been a gate at where the track meets Picketts Hill (point C) on which was erected a notice bearing the words `private property'. The notice was regularly defaced or removed and a replacement notice re-affixed by the club. During the summers of 1958 to 1974, Mr & Mrs Juras rented a cottage at Headley Park. Between April and September each year, their family would spend most of their week-ends at the cottage. In August they would spend four or so weeks at the cottage as a family. From the cottage they had a good view of the land on the other side of Picketts Hill road. They were never aware of any activity on club land other than the scouts enjoying their camp.

9.4.11 Mr G Krevit (Statement)

    Mr Krevit started visiting the hotel, which was then a private member's club, in 1970 and has been employed as a groundsman and barman since 1996. His duties included managing the woodland on the north side of Picketts Hill as well as the rest of the estate. Access to the campsite was by a single bar gate from Picketts Hill. This gate was kept locked in the winter months. The manger Paul Dobrovolskis and him were responsible for the security of the site, between them they would ensure that this gate was kept open for campers, mainly in the simmer months, and locked at other times. Mr Krevit mended the perimeter fencing of the woodland approximately eight years ago because of problems with travellers in the area who tried to gain access to the land. On other occasions he had cause to ask riders who tried to cross the camp site to leave. He explained to them that it was private land.

9.4.12 Mrs B Levinskas (Statutory declaration)

    Mrs Levinskas has been a member of the Headley Park Country Club for some 40 years. Together with her late husband, they were employed as the managers of the club between 1971 and 1982. They lived in at Headley Park during that time. In the years that she has known Baigents Hill, Mrs Levinskas has only ever been aware of it being used by horses the first weekend in January, when, in some years, the local hunt have ridden to hounds over the land with the permission of the club, finishing the days hunting with a party at Headley Park. Over the years that she has been involved with the club, there has always been a gate at the south end of a track, where it meets Pickett Hill, on which was erected a notice bearing the words `Private Property'. Over the years notices have been regularly defaced/removed but replacement notices were regularly re-affixed by the club. Mr Luza was the manager at the club when Mrs Levinskas and her husband took over. He was at Headley Park between 1956 and 1971. In handing over to them he emphasised how important it was to have notices around the estate. It was Mr Levinskas's task to check the notices and make sure that they were replaced whenever they were defaced or removed.

9.4.13 Mr S Mineikis (Form)

    Mr Mineikis has been a member of Headley Park Club for 20 years. He relates that he challenged a rider, informing them it was private land, and the rider turned back to the road. He does not give a date for this challenge.

9.4.14 Mr V O'Brien (Statement)

    Mr O'Brien, a retired civil servant, has been a member of the Lithuanian Country Club from 1971 until its closure in 2000. Between 1972 and 2000, Mr O'Brien and his wife visited the club on average about six times a year. During this time, he and his wife belonged to the Lithuanian Scout Movement and Mr O'Brien is currently the Commissioner for Lithuanian Scouting in Europe. The Lithuanian Scouts Association has camped on land at Baigent's Hill ever since 1955. In particular, the scouts have held their main summer camp there continuously since that time. On one occasion Mr O'Brien has had to speak to riders on horseback that were riding through the girl's camp. He explained to them that not only was this private land, but in view of the children camping and carrying out their various activities, it was potentially dangerous to be there with horses. The riders seemed to agree and withdrew. On another occasion, Mr O'Brien encountered two horse riders emerging from the direction of the bridleway adjacent to the boys camp. He went up to them and told them they had left the bridleway where they were allowed to ride and were now trespassing on lands belonging to the Lithuanian Community. The riders were not happy at this and said they were on a bridleway. Mr O'Brien pointed out that they had to ride through bushes and at right angles to the bridleway in order to reach their present position, but they were not convinced that they had no right to ride where they were. Eventually, however, they agreed that they should keep to the bridleway as shown on the Ordnance Survey map.

9.4.15 Mrs A Podvoiskis (Form)

    Mrs Podvoiskis has been a member of Headley Park Club from 1952 to 2006. She recalls challenging a female horse rider on what she calls `Scouts Hill' in early August 1986.

9.4.16 Mr P Podvoiskis (Statement)

    From 1985 to 1989, Mr Poidvoiskis was manager of what is now the Headley Park Hotel but what was then a private members club for the Lithuanian community. The building was purchased by the Lithuanian community in 1955. Whilst he was the manager he lived in the club house and had responsibility for the building and the grounds, including the woodland on the north side of Picketts Hill. This woodland was used for camping by the members of the club and contained pistol ranges and other outdoor facilities. As part of his duties Mr Podvoiskis would visit the woodland site on a weekly basis. The camping was mainly from April to September with some limited use during the rest of the year. The campers gained access to the site through a single, metal bar gate on Picketts Hill. They were meant to close the gate behind them but they didn't always do so. In the winter months the gate was kept locked with a chain and padlock. On several occasions he observed horse riders trying to cross the woodland camping site so he stopped them and asked them to leave. They did not argue with him and left the site. He believes they gained access to the woodland through the boundary fronting Cradle Lane. During the time he was manager, Mr Podvoiskis repaired the perimeter fence of the woodland to stop unauthorised access. He moved away from Headley in 1989 but became a director of the company that managed the club and remains so to the present day.

9.4.17 Mrs J Raisys (Form and letter)

    On her form Mrs Raisys says that whilst at scout camp they turned members of the public away and told them this is private land. She recalls that the perimeter fence was in place in the 1970s and gates were locked between late September to March. In a covering letter she is more specific and relates that the times that she has seen people was when she has been working for the scouts in the last 5 years and when she lived at Headley and went to school there in 1963/64.

9.4.18 Mr A Vilcinskas (Form)

    Mr Vilcinskas says that he saw strangers on horseback use a path through the woodland but did not challenge them.

9.4.19 Ms A Zokiene (Form)

    On her form Ms Zokiene relates that she requested persons on horseback, using the scouts' area, not to use the private grounds as they were a danger to children, scouts and Lithuanian Association members. They replied that it was a public right of way and she said she would have it looked into. Ms Zokiene then spoke to the then directors, P Podvoiskis and B Butrimas, and they said they would look into the matter. The horse riding stopped after that. In a covering letter she is more specific about dates and says that she was the manager of the Country Club from 1 July 1989 to 30 October 1990. As far as she can recall her sight of the horse riders happened a few days before the scouts camp, when she was the manager, and went over to check if all was in order for their yearly visit. It was probably July 1990.

10. Consultations with other bodies

10.1 Headley Parish Council

    No comment

10.2 East Hampshire District Council

    No comment

10.3 Councillor S James - local member

    No comment

10.4 The Ramblers Association

    No comment

10.5 The British Horse Society

    The County Access and Bridleways Officer has written to say:

    "The claimed paths were used to create a more direct link between Bridleway 54 on Broxhead Common and Bridleway 24 in Frensham. The alternative for riders is a stretch of the C102 which is narrow and twisty, with poor visibility, and passes close to the Headley Park rifle range which produces intermittent loud noises without warning, which startles horses. Understandably, for their own safety, riders used the paths shown in order to achieve a straight crossing of the C102, in a more tranquil atmosphere. The woodland north of the C102 is described as common land on the Tithe Map and should therefore not be fenced. I understand that prior to 1997 East Hampshire District Council had refused to allow fencing to be put up here and do not know why they changed their policy."

10.6 Cyclists' Touring Club

    Virginia Mason, of the East Hampshire Cyclists' Forum, has responded with:

    "I have consulted local off-road cyclists and they agree with the horse riders that recording these sections of path as bridleways would provide a useful link between tracks on Broxhead Common and Cradle Lane."

10.7 Environment Department

    No comment

10.8 Hampshire Highways

    No comment

11. Analysis of the post-war evidence

    The claim must be considered in two halves, partly because the route is bisected by a public road and partly because there are different factors that apply to the two sections.

11.1 Route A-B-C: User evidence

    There is evidence of use of this route, between 1945 and 1999, from 14 of the 15 riders that have submitted forms. Frequency of use varies between every day (Mrs Thomas) to six times a year. Use by horse riders, within the woodland, is confirmed by forms and statements submitted from 16 members and employees of Headley Club, although it must be borne in mind that these `sightings' are spread over many years. The other 39 members who have submitted evidence do not recall seeing horse riders in that area during their visits to the site. Mr Maunder, who frequented the woods more than most, is almost certain he has never seen a horse rider use the claimed route. The conclusion that can be drawn from this is that use by horse riders was not sufficiently heavy to bring it to the attention of the large majority of the members and a nearby resident. Nonetheless, for a rural area like Picketts Hill, the officers take the view that this volume of user evidence is probably sufficient to represent use by the horse riding public.

11.2 Route A-B-C: Used route

    There is some doubt about the route taken by horse riders through the woodland. Those that have been interviewed are clear that they followed an obvious path and the Ordnance Survey map of 1971 does indeed show a worn track for over half the length. The primary purpose of the track was to provide access to the campsite but it is reasonable to assume that the riders followed this route, although it should be noted that the OS map shows the track dividing into two separate tracks at two different points. For the section towards Cradle Lane though it is far less certain that there was a specific route followed by all riders. In his evidence, Mr Alkis states that the riders forged new routes across the site. The maps highlighted by the riders are at a small scale and do not show the north-eastern half of the route because it is over the map edge. In her statement Mrs Comber says that she used three access points into the woodland from Cradle Lane and once in the wood she was able to use "several paths and tracks" that led to Picketts Hill. On the ground today there is still one obvious place where it would have been easy to gain access from Cradle Lane because the earth boundary bank has a significant gap in it. There is no trace, however, of a path or track from the boundary bank to the campsite where the access track terminates. In the absence of hard evidence the map that accompanies this report shows the claimed route in a straight line between points A and B. At the junction with Picketts Hill there were two access points onto the road and this is confirmed by Mrs Comber in her paragraph 8.5.2. She acknowledges that when the main access was barred then riders took the alternative opening slightly to the west - see paragraph 8.5.4.

11.3 Route A-B-C: Management of land

    There is conflicting evidence regarding the existence of `private' notices, secure fencing and challenges to riders at Baigent's Hill. None of the users mention any impediments to their use of a path through the woodland. They all maintain that they have had interrupted access to that piece of land before 1999. Members of Headley Park Club, and others, have provided evidence regarding the management of their land that includes references to measures designed to exclude unauthorised users. These measures are described in the following paragraphs.

11.4 Route A-B-C: Notices

    Several members refer to the existence of `private' signs on the gate into the camp site from Picketts Hill (point C on map).These include Mr Alkis who says that, over the years, the club has had a continual problem with removal of these notices. Mrs Arnold recalls that `Keep out, private property' signs were put up by others but doesn't say where. All four members of the Cornish family maintain that there has always been a notice on the gate, leading into the camp site, saying `private property'. Vida Gasperas says that when private notices on the gate have been defaced or removed they have been replaced. Mr Gedmintas states that, in 1990, fencing was in place with proper signs posted although the gate was open due to the scout camp. Mrs Juras and Mrs Levinskas, both managers of the club at various times, recall that there has always been a gate at Picketts Hill on which was erected a notice bearing the words `private property'. The notice was regularly defaced and removed and a replacement regularly re-affixed by the Club. Mr Kvietkauskas has seen a `private' notice but doesn't say where. Mrs Rasys admits she used the notices for firewood when she was a child. Mr Songalia says that the club has endeavoured to maintain a notice bearing the words `private property' on the gate. Mr Maunder does not recall there being any signs but the existence of a notice is confirmed by Mrs Comber in her letter of September 2006 (paragraph 8.5.4). She believes that the notice said `Private Land' but takes the view that those words do not deny the existence of a public right of way.

11.5 Route A-B-C: Fences/gates

    Mr Hadfield, who owns part of the woodland, recalls that the western side of Cradle Lane was fenced "seven or eight years ago" putting it in 1998 or 1999. Mr Alkis, a director of the club, believed the occasion was "about three years ago" when he made his statutory declaration in 2001, giving a date of 1998. Mr Krevit, the groundsman, states that he "mended the perimeter fencing approximately eight years ago", making it 1998. Mr Podvoiskis says that he repaired the perimeter fencing when he was manager of the club between 1985 and 1989. The manager of the club between 1995 and 2002, Mr Dobrovolskis, relates that the fence was fully repaired in 1998 or 1999 and horse riders were no longer able to gain access. Mrs Raisys maintains that the perimeter fencing was in place in the 1970s. Independent evidence for the existence of fences can perhaps be found within the surveys of Byway 16, Cradle Lane, on the south-east side of the wood. In 1978 the Ramblers described the route and did not mention a fence on the woodland side but did mention a fence on the other. The 1991 survey also fails to mention fencing on the north-west side of the lane but again makes reference to fencing on the south-east. The best evidence though is possibly from the claimant, Mrs Comber. In her statement she says that her use was stopped by new fencing along Cradle Lane in the early 1990s but this is not consistent with the user evidence and the correspondence with East Hampshire District in 1999. Although we don't have the original letter, the reply from Mrs Trout makes it clear that complaint was being made about new fencing and gates that prevented access to Baigents Hill. This letter was written in October 1999, very close in date to the recollections of Mr Hadfield, Mr Alkis, Mr Krevit and Mr Dobrovolskis. It is reasonable to assume therefore that it was the erection of new fencing along the north-western side of Cradle Lane, in 1999, that brought into question riders use of the woodland paths. This date has now been confirmed by Mrs Comber in her recent letter (paragraph 8.5.4) and, furthermore, she acknowledges the existence of a bar across the main entrance from Picketts Hill, before 1999, necessitating a detour to the west.

11.6 Route A-B-C: Challenges

    There are 13 members or employees of the club who state that they have either challenged riders using the woodland path, or been present when riders were challenged, but only five give specific dates. Mr Alkis reports that he saw horse riders on Baigents Hill during the 1989 summer scout camp. He told them they were trespassing and they turned around and went back to the road. Mr A Cornish was present when one of his scouting colleagues told riders they were on private land and they apologised and returned to Cradle Lane. He believes this was during the summer scout camp of 1997. Mr Gedmintas personally challenged two riders during the summer scout camp of 1990. Mrs Podvoiskis turned a female rider away from Scouts Hill in August 1986. Mrs Zokiene also challenged two riders when she went to check on the camp site in her capacity as manager of the club in the period 1989-1990. She believes it was probably July 1990. Of the other eight people who have made challenges, Mr Dobrovolskis said he challenged riders on two separate occasions when he was manager between 1995 and 2000 but this must have been before he had the fence repaired in 1998 or 1999 to stop the riders. Ms Gasch stated in 2001 that she has seen riders `over the last five years' and challenged their use of the land. Ms Gasperas has challenged the occasional horse rider in the 20 year period between 1981 and 2001. Mr Krevit challenged riders, as part of his duties as a groundsman, in the period from 1996 to 2006. Mr Mineikis has been a member of the club for 20 years and has challenged riders in that time but doesn't give a date. Mr O'Brien visited the club between 1972 and 2000 and had occasion to speak to horse riders trying to get through the camp site. Mr P Podvoiskis challenged riders when he was manager of the club between the years 1985 to 1989. Mrs Raisys turned away members of the public, whilst at scout camp, but doesn't give a date for these challenges.

11.7 Route A-B-C: Summary of evidence

    On a fine balance the officers take the view that there probably is sufficient evidence of use by riders to raise a prima facie case that public bridleway rights exist across Baigent's Hill. However, there is some doubt about part of the route claimed by the riders. In the absence of a reliable map, or a physical feature on the ground, the officers cannot be certain that all riders always used the same route to get between points A and C. Again, on a very fine balance, this would probably be not sufficient to defeat the claim. However, before coming to a final conclusion on the claim it is necessary to consider what steps have been taken by the landowner to make the public aware that a right of way does not exist. This can be achieved by barriers, notices and personal challenges.

11.8 Given that club members have acknowledged sporadic use by riders it is reasonable to conclude that whatever fences or other barriers were in place, before 1999, they were insufficient to physically keep out the riders. Any conflict in evidence before that date can probably be explained by Mr Alkis when he stated that "The riders used to avoid the gate by riding around and forging new paths themselves. The club erected the fence to prevent this happening, although other fences at the site had previously been broken down and ridden over." It was the erection of the new fence in 1999, alongside Cradle Lane, that sparked the enquiry to the district council and the application for the Order in 2000

11.9 The evidence regarding the existence of notices is contradictory. Thirteen of the 14 riders do not acknowledge the existence of any notices, at any time, and yet 14 club members are equally certain that there was a `private' notice of some description on the gate at Picketts Hill. It is feasible that the horse riders would not have seen notices if they were approaching from the south-west when the gate was open, when the notices had been removed or defaced and when they approached the woodland from the north-east. The members do concede that the notice has been defaced, removed and even burnt at various times, but they are sure that it has been regularly replaced. In any event, if the wording on the notice just said `private' or `private land' this would not, by itself, be sufficient to deny the existence of a public right of way because it has now been determined through recent case law that the wording has to be more specific to be effective. In brief, the evidence is either inconclusive or neutral on this point.

11.10 The 14 riders do not recall ever been stopped or challenged whilst using the route but, yet again, there are 13 club managers and members who have provided evidence of challenges either made by them or in their presence. It is always possible, but perhaps unlikely, that the 14 riders who submitted user evidence were never stopped but that other riders, who did try to use the same route, were challenged. This scenario would still produce a situation where there was evidence that the landowners had no intention of dedicating a right of way. The County Council must take a view on the veracity of the evidence from the respective parties in order to come to a conclusion on the merits of the claim. The key issue is that when the managers and members of Headley Park Club became aware of use by horse riders, they took steps to challenge that use. Before 1999 this took the form of personal challenges when the summer camps were in progress and, when the riding became sufficiently obvious, the whole site was fenced and gated. Most, if not all, of the alleged challenges by the members are within the relevant 20 year period of use.

12. Routes D-E-F-G and F-H: User evidence

12.1 The public's right to use this part of the claimed route was brought into question in 1997 by the erection of a `No Horse Riding' sign and robust challenges to the riders. Evidence for this can be found in the letter submitted by the applicant, Mrs Comber, (paragraph 7.16) as well as the user evidence from P Slater (paragraph 8.14). The relevant 20-year period for consideration therefore is 1977 to 1997.

12.2 Within this 20-year period there is evidence from the claimant, and some of the users, that they were unable to use that part of the claimed route between D and E because of fallen trees brought down by the storm of 1989. This evidence can be found in the letter from Mrs Comber (paragraph 7.16) and the user evidence from S Burr (paragraph 8.2), S Henwood (paragraph 8.7), J Holder (paragraph 8.9), P Kerr (paragraph 8.10) and B Thomas (paragraph 8.15). To by-pass this natural obstruction the riders admit that they used an alternative route by riding down the road and then south down another track to get to point F. This means that there has not been continuous use, of the claimed route, for the full 20-year period and for that reason alone the application must fail.

12.3 In any event, it must be borne in mind that public bridleway rights did not exist on the route of Headley 54 until 1997. Even then, the rights were established through a Creation Order and not as a result of an earlier express or presumed dedication. Following the public inquiry, the Inspector concluded that there was insufficient evidence of use by riders to confirm bridleway rights on Footpath 54. This means that the route now being claimed did not connect with another bridleway before 1997 and the bringing into question. On this issue alone the claim would also fail.

13. Conclusions

    The following conclusions apply to section A-B-C

13.1 The public's right to use this path was probably brought into question, in 1999, by the erection of a fence and a locked gate around the boundary of Baigent's Hill woodland.

13.2 The relevant 20-year period of use to be considered under s.31 Highways Act 1980 is therefore 1979 to 1999.

13.3 Within this period there is evidence of use from 14 riders, of which two have used a route for the full period of 20 years. This volume of use is probably sufficient to represent the riding public at large.

13.4 There is some evidence that the horse riders used different access points and routes between A and C. The uncertainty about a defined route is not helpful to the application.

13.5 Both the claimant and the club members record the periodic existence of `private' notices and barriers at point C, although this appears to have had little impact upon use before 1999.

13.6 Within the relevant 20 year period there is evidence from thirteen club managers and members that challenges were made to individual riders and groups of riders.

13.7 The evidence of challenges demonstrate that the landowners had no intention of dedicating a public right of way.

13.8 There is insufficient evidence of use, at any period, with which to infer a dedication at common law and, in any event, there is evidence that the landowner had no intention of dedicating a public right of way.

    The following conclusions apply to section D-E-F-G and F-H

13.9 The public's right to use this route was brought into question in 1997 by the erection of a `No horse riding' sign and challenges made to riders.

13.10 The relevant 20-year period of use to be considered under S.31 Highways Act 1980 is therefore 1977 to 1997.

13.11 Part of the claimed route was not used after the storm of 1987/89, therefore there is no evidence of public use, of the same route, for the relevant 20 years.

13.12 In any event, the claimed route did not connect, at its western end, with a public highway that carried bridleway rights.

RECOMMENDATION

That the application for a Map Modification Order, to record bridleways between Cradle Lane and Bridleway 54, be refused.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB The list excludes (1) published works and (2) documents which disclose exempt or confidential information as defined in the Act.

File CR694 - Rights of Way Office, Mottisfont Court, Winchester