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Unsuccessful
Alan Bowers Update
Re: The Bowers Story Case II
Hi Everyone,
We now begin a New Year; I wish you all a Happy, Healthy, and Successful 2016,
As you know I made a visit to the Royal Courts of Justice 22nd. December and issued an application for Judicial Review regarding the decision made by Inspector Peter Millman at the Public Inquiry in September. [ It was a painful and agonising event, I stood in a queue for four and a half hours, they are not very helpful). The application has been sealed and filed by the Court. I have served notice upon DEFRA (via. Treasury Solicitor) and Central Bedfordshire Council. I have also sent Certificates of Service to the Administrative Court. I have made a request under the Freedom of Information Act. for copies of notes made by Mr. Millman (Inspector) at the Inquiry. I shall then compare the evidence and notes made by Mr, Millman with the recordings and film made of the two day Inquiry. I am still writing and E.mailing various government departments but they are reluctant to respond.
Keep smiling!
Regards
Alan Bower
Hi Everyone,
We now begin a New Year; I wish you all a Happy, Healthy, and Successful 2016,
As you know I made a visit to the Royal Courts of Justice 22nd. December and issued an application for Judicial Review regarding the decision made by Inspector Peter Millman at the Public Inquiry in September. [ It was a painful and agonising event, I stood in a queue for four and a half hours, they are not very helpful). The application has been sealed and filed by the Court. I have served notice upon DEFRA (via. Treasury Solicitor) and Central Bedfordshire Council. I have also sent Certificates of Service to the Administrative Court. I have made a request under the Freedom of Information Act. for copies of notes made by Mr. Millman (Inspector) at the Inquiry. I shall then compare the evidence and notes made by Mr, Millman with the recordings and film made of the two day Inquiry. I am still writing and E.mailing various government departments but they are reluctant to respond.
Keep smiling!
Regards
Alan Bower
Comments
Ann Scott 8/1/2016 20:36:00I have great admiration for your fight for justice. Whatever side of the footpath debate anyone is on, there should be a fair and just system for these decisions. The present system is corrupt and weighted against 'ordinary' people who only want footpaths diverted from their gardens.
Norfolk Footpath to Stay Put
IF Comment on this result.
A member of ‘ the public’ only asking that walkers should go round his property instead of straight through his garden!
Breckland council have a duty to protect the rights of an individual just as much, if not more, than ‘pressure’ groups. It is ‘the pressure’ groups who exercise no common sense or empathy and force sensible councils to spend ‘public money’. The ‘home owner’ has to pay his own expenses.
We remain quite disgusted with this attitude which purports to be in the public interest, but clearly is not.
From the Open Spaces Society
26 February 2015
We are delighted that, thanks to our objection, a public footpath in Norfolk’s Breckland District will remain on its ancient, direct route.
The footpath is at Lyng, four miles south of Reepham. Breckland District Council wanted to move the route which runs past the property Patholme. The council was concerned that the existence of the path was detrimental to the interests of the property’s occupiers, and wanted to shove the path around the edge of the field to the west, introducing two dog-legs.
Mr Ian Witham, the Open Spaces Society’s representative in Norfolk, objected on behalf of the society and the matter was referred to the Planning Inspectorate for determination.
The inspector, Mrs Helen Slade, did not consider that there was any evidence of a problem. She wrote that on her site visit ‘it took a matter of less than 30 second to cross the garden area. I noted that the windows overlooking the path were dressed with blinds to afford privacy to the occupants’ and that there was no evidence ‘to suggest that users of the path feel uncomfortable using the path’.
Says Ian Witham: ‘We are delighted with this result. Many properties co-exist with public paths nearby and there is no difficulty about this. The inspector considered that, although the order had been made in the landowner’s interests, these had not been demonstrated.
‘We are sorry that Breckland District Council spent public money on this fruitless exercise but we are relieved that this footpath will stay on its historic route.’
A member of ‘ the public’ only asking that walkers should go round his property instead of straight through his garden!
Breckland council have a duty to protect the rights of an individual just as much, if not more, than ‘pressure’ groups. It is ‘the pressure’ groups who exercise no common sense or empathy and force sensible councils to spend ‘public money’. The ‘home owner’ has to pay his own expenses.
We remain quite disgusted with this attitude which purports to be in the public interest, but clearly is not.
From the Open Spaces Society
26 February 2015
We are delighted that, thanks to our objection, a public footpath in Norfolk’s Breckland District will remain on its ancient, direct route.
The footpath is at Lyng, four miles south of Reepham. Breckland District Council wanted to move the route which runs past the property Patholme. The council was concerned that the existence of the path was detrimental to the interests of the property’s occupiers, and wanted to shove the path around the edge of the field to the west, introducing two dog-legs.
Mr Ian Witham, the Open Spaces Society’s representative in Norfolk, objected on behalf of the society and the matter was referred to the Planning Inspectorate for determination.
The inspector, Mrs Helen Slade, did not consider that there was any evidence of a problem. She wrote that on her site visit ‘it took a matter of less than 30 second to cross the garden area. I noted that the windows overlooking the path were dressed with blinds to afford privacy to the occupants’ and that there was no evidence ‘to suggest that users of the path feel uncomfortable using the path’.
Says Ian Witham: ‘We are delighted with this result. Many properties co-exist with public paths nearby and there is no difficulty about this. The inspector considered that, although the order had been made in the landowner’s interests, these had not been demonstrated.
‘We are sorry that Breckland District Council spent public money on this fruitless exercise but we are relieved that this footpath will stay on its historic route.’
Comments
Holly
31/1/2016 11:22:14Quote: Breckland District Council wanted to move the route which runs past the property Patholme. Well done Breckland District Council! However they also wanted to SHOVE the path around the edge of the field. Who exactly was SHOVING who? Mrs Helen Slade (I'm assuming she has some legal background and is not an ex PRoW officer) noticed the windows were dressed with blinds and there was no evidence to suggest users of the path felt uncomfortable using the path. Did anyone ask the the owners of the property or any walkers using this path if they were uncomfortable? I would personally feel very uncomfortable if the owners had been having a family bbq in their garden and I had strolled through! I am very sorry that anyone felt the need to spend public money on any of this fruitless exercise, if people wish to walk learn to walk around fields and a couple of dog legs it really isn't that inconvenient, I am sure a bit of extra walking is so good for ones health and maybe the owners of the property can then remove their blinds and look out on to their own garden and use their space for the purpose they bought it for. Where is the common sense to all this?
Ivy Fern
1/2/2016 10:15:06
Common Sense!!!!!!!! There isn't any, it's obsolete!!!
A Footpath Through A Family Home
Successful
IF To The Rescue
We are all delighted to hear the brilliant news that Mr and Mrs Millership have been successful in objecting to a right of way claim on their property. Mrs Millership first contacted IF after seeing a Daily Mail news article. It was a desperate situation requiring an immediate response. Mrs Millership was put in touch with those who had the expertise to help and many people pulled out all the stops,and personal resources, to offer assistance. The full order decision can be found here.
Mr and Mrs Millership say:
We have suffered almost 4 years of stress from the Lake District National Park Authority after an application made by Colton Parish Council to turn our access drive into a PROW. We had lived in this delightful part of the country on friendly terms with neighbours and local villagers in the nearby village of Finsthwaite. A small group of these people, for no reason turned against us and made the application. We were advised by the LDNPA of this application and following a meeting of the ROW Committee in July 2014 this was passed. We objected together with our nearest neighbour who jointly owns the access way with ourselves. From then on we suffered harassment and misery from the Countryside Access Advisor of the LDNPA who whilst appearing to give advice simply turned everything against us. We were totally ignorant of what we were facing and we were not prepared to spend what retirement savings we had on greedy legal operatives. We were at the end of our tether when the letter from Ann appeared in the Daily Mail. We contacted her and she referred us to Marlene who gave us a lot of help and information and steadied the boat. Then we had a visit from Bernard (Hones) who guided us all the way. It became clear that we would not be able to cope by ourselves. Marlene was unable to come and help us because of family commitments but sent us Andy Dunlop instead only 2 weeks before the Inquiry. He took the weight off our shoulders. The Inquiry lasted 2 days and our eyes were opened by the people known to us that were not prepared to tell the truth. Andy Dunlop was superb and we would not have got this result without his help.
We realise now that 4 years and our problems were minor compared with others.
The IF campaign must continue and if we can help we will do so because without their help we would not be in this position.
Mr and Mrs Millership say:
We have suffered almost 4 years of stress from the Lake District National Park Authority after an application made by Colton Parish Council to turn our access drive into a PROW. We had lived in this delightful part of the country on friendly terms with neighbours and local villagers in the nearby village of Finsthwaite. A small group of these people, for no reason turned against us and made the application. We were advised by the LDNPA of this application and following a meeting of the ROW Committee in July 2014 this was passed. We objected together with our nearest neighbour who jointly owns the access way with ourselves. From then on we suffered harassment and misery from the Countryside Access Advisor of the LDNPA who whilst appearing to give advice simply turned everything against us. We were totally ignorant of what we were facing and we were not prepared to spend what retirement savings we had on greedy legal operatives. We were at the end of our tether when the letter from Ann appeared in the Daily Mail. We contacted her and she referred us to Marlene who gave us a lot of help and information and steadied the boat. Then we had a visit from Bernard (Hones) who guided us all the way. It became clear that we would not be able to cope by ourselves. Marlene was unable to come and help us because of family commitments but sent us Andy Dunlop instead only 2 weeks before the Inquiry. He took the weight off our shoulders. The Inquiry lasted 2 days and our eyes were opened by the people known to us that were not prepared to tell the truth. Andy Dunlop was superb and we would not have got this result without his help.
We realise now that 4 years and our problems were minor compared with others.
The IF campaign must continue and if we can help we will do so because without their help we would not be in this position.
Comments
Ann Scott 24/1/2016 16:59:24
Hopefully this will be the end of a traumatic four years and your Parish Council will gracefully concede defeat and not feel the need to waste further public money by appealing the decision. We eagerly await confirmation of this order.
Woman's Victory After 20 Year Fight
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