Worcestershire Commons Association
7 Meadow Cottages, Moors Avenue, Hartlebury DY11 7YL


Andy Maginnis
Countryside Services Manager
Worcestershire County Council
Spetchley Road
Worcester WR5 2NP 30 June 2011

Dear Mr Maginnis

HARTLEBURY COMMON

As you are aware, we have contested and informed you that Worcestershire County Council does not have legal ownership, if there is such a thing, over Hartlebury Common.

We have informed Tom Pollock, your colleague, as to the illegality of the work that is being carried out at Hartlebury Common.

I must point out to you the CROW Act 2000 extends a legally binding protection to Hartlebury Common. Many of your actions are in direct contravention to the terms within this Act. One example of this is the illegal enclosure of Hartlebury Common with fencing. This was done at rate payer’s expense in an illegal enterprise which had no validity as you do not have title of Hartlebury Common. Therefore this is a misappropriation of public funds.

Pursuant to our establishing WCC’s claimed ownership is invalid, yourself and your agents, operatives and any associated members of the County Council will be liable for prosecution for aiding and abetting or carrying out acts of criminal damage to the Common. Once the Common’s status is established we will be within our rights to bring about a prosecution for the criminal damage which has been carried out, is being carried out and potentially carried out before the hearing.

Therefore, we, the Worcestershire Commons Association, must point out relevant parties will be liable for prosecution.

The council claims that a full and all encompassing public enquiry took place regarding the programme of works. We enclose copies of a sample of our ongoing petition showing that the public refute this claim and regard the enquiry as fraudulent and misleading. We have numerous witnesses that will testify as such.

"We have sought public opinion on this scheme and have the signatures of at least 600 verifiable objectors.
Why is this not reflected by the Supposed full and extensive public enquiry and inspectors report?
The ratio of objection to approval is currently on average 400-1 against these proposals."

Our Association has managed to engage with over 600 members of the public in little over three weeks since the 27th of May . This is what would be considered due diligence on our part to engage with public opinion.

Continuing false assertions are subject to criminal offences relating to misrepresentation and fraud, as is assuming the rights of ownership to property which legally is not yours. This includes your assertions to Hartlebury Commons Group (Dr Joy Rooney) as shown on their website and displayed on the noticeboard at the Common that:

a/ A well attended public inquiry in 2009 found in favour of enclosing the common and grazing by cattle. (90 attendees, 40 voting, 26 in favour)
b/ Hartlebury Common is legally owned by Worcestershire County Council.

Therefore you should instruct your staff, their agents, and their contractors to stop work accordingly.

Yours sincerely

Vanessa Wright, Worcestershire Commons Association.
Steven McCarron, Worcestershire Commons Association.

Cc Stourport Police Station
Cc Tony Barnett, Chairman, Common Heritage 2001
Enc Petition

#466: Steve McCarron - More information 

 Good letter