Hilland Rise Woods
Meeting at Headley Village Hall
11 June 2010
Chairman: Graham Nicklen
Secretary: Di Proudlock
Committee members: Ron Proudlock, Peter Marsh, Graham Nicklen, Di Proudlock
Purpose of Meeting
• To provide an update on progress of application for establishment of Public Right of Way in Hilland Woods
• Discuss latest situation regarding caravan in Hilland Woods
• Open discussion on ways to progress the above
Current situation
Over 80 Public Right of Way User Evidence Forms were completed and dispatched to Hampshire County Council Countryside Services on 23rd March 2010. Amanda Hull is our contact at Hampshire CC in Winchester. We have been advised that our application was number 51 on their list, as of 30 April. The HCC Regulatory Committee meets every 6 weeks and applications are dealt with in strict chronological order. There are 3 category lists and an application can be moved from list A (where our application resides) to list B or list C if certain criteria are met.
(Extract from Hampshire CC Policy Guideline for determining claims):
a) a permanent building is constructed over the claimed path or
b) the land over which the claimed path runs is excavated or removed as a result of mineral extraction or mining or similar workings and the path will not be reinstated or
c) the claimed path is defined by historic physical features which will be lost without the protection afforded by its recognition as a public path.
A path is unlikely to be considered to be in danger of being lost for reasons a) and b)
above unless planning permission for the relevant development has been granted and
officers are satisfied that there is a genuine intention to implement the development
immediately.
A claim may be removed from List A and placed in another waiting list (List C) if it can be demonstrated to be in the interests of the public to expedite the investigation of the claim.
In considering whether it is in the interests of the public to expedite a claim, regard
will be had to whether the claim, if successful, would
a) fulfil, or contribute towards the performance of, an action identified in a Countryside Access Plan prepared pursuant to s.60 Countryside and Rights of Way Act
b) fulfil, or contribute towards the implementation of, any other agreed access or transport plan policy, strategy or initiative promoted or supported by the County Council.
Claims in List B shall be dealt with in priority to the claims in Lists A and C. Claims in Lists A and C respectively shall be progressed, at a ratio to be determined from time to time.
As you can see, the chances of our application being moved from list A to B or C are remote and would entail someone very experienced in unravelling the procedures and jargon.
We have been informed that this process could take minimum of 1 year, but more likely 18 months to 2 years.
Regarding the caravan, an application has been submitted by the owner of the woods for ‘Certificate for Proposed Lawful Use’ commencing May for 6 months per year valid for next 5 years.
East Hampshire District Council is preparing an enforcement order to have the caravan removed. The owner has the right to appeal
For clarity, Public Right of Ways are the responsibility of the Hampshire CC. The Parish council have no jurisdiction in this matter.
The permission for the caravan to be positioned in the woods is the responsibility of EH District Council.
The application for tree felling is the responsibility of the Forestry Commission in Alice Holt.
Summary of discussions
It is uncertain what the long term objectives of the owner of Hilland Woods, Mr. Anthony are.
It is unlikely that Mr. Anthony’s intentions are to just coppice wood. This is probably a short term move to generate some cash.
The Parish council have always been opposed to developing the woods, since the woods are outside the village boundary. However, it was pointed out that boundaries can change.
The adoption of footpaths as Public Right of Ways would not prevent the woods from being developed. Any development could incorporate the paths into the plans.
It was suggested that maybe a compromise could be reached with Mr. Anthony for a permissive path to link Hilland Rise with Liphook Road. This would allow passage through his property to other areas in the woods not owned by Mr Anthony. This permission could be withdrawn at any time and may be subject to certain conditions being met by the people using the path. It may be more palatable to Mr Anthony if we agreed to fence the path(s) to ensure his land is not walked on. This would have to be costed and agreed. The funding of this would be discussed if this option was agreed.
John Broom and Mr Anthony have spoken about a possible purchase of the land . If that happens and if anyone is interested in buying any of it from him afterwards, John would probably welcome it. John made it clear that if he purchased the woods, he would not be happy to allow indiscriminate access to the public, although access might be possible through agreed or enclosed paths.
A section of the woods was at one time put on the market, at a price for 6 acres thought to have been £36k.
Another option is for the Parish council or National Trust to purchase the woods.
We should utilise the expertise of the Parish Council to assist with our application. Mr Williams, District Councillor, has agreed to assist.
Actions
It was agreed that a meeting should be arranged between members of the committee and Mr Anthony to determine what his long term objectives and plans are for the woods. Depending on how meeting goes, we could suggest a permissive path as a temporary measure to alleviate the problems caused by the fencing off of the woods from Hilland Rise.
Await enforcement order for removal of caravan before any action is agreed on this item.
Note: Subsequent to our meeting, caravan has been removed
Clarification is needed as to whether another application is to be made for the caravan next time there is any coppicing.
