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  LOCAL NEWS 2007

Local news 2007

Fencing plan for Rishworth Moor - 20 December 2007
Unlawful fencing on Carmarthenshire common - 20 December 2007
Campaign to save Waterfoot's green lung - 20 December 2007
Forestry Commission agrees to dedicate public path  - 14 December 2007
South Hams green lanes threatened by motorbike abuse - 7 December 2007
Morton open space saved from development - 7 December 2007
Land in Haverfordwest saved from development - 4 December 2007
Wokingham to seek solution to Henley Festival path-closure - 4 December 2007
Solution to save threatened space at Widmer Farm - 30 November 2007
Donation to help Warneford Meadows - 30 November 2007
Fight for Epworth footpath - 27 November 2007
We back bid to save Osbaldwick Meadows - 27 November 2007
Pitshill path saved - 26 November 2007
Bedfordshire County Council does its stuff - 26 November 2007
Closure of Hayes footpath - 9 November 2007
Suburban chalet-park rejected - 9 November 2007
Gates across ancient Somerset droveway must go - 18 October 2007
Path closure puts Woodley people at risk - 17 October 2007
Land in Croxley Green saved from development - 17 October 2007
Wind-turbine menace on Lancashire common - 17 October 2007
South Pennines Partnership's chance to promote public enjoyment - 12 October 2007
Betws Mountain battle enters new phase - 12 October 2007
Unlawful fencing on Monmouthshire common must go - 28 September 2007
Safe route to school - 28 September 2007
The fight for Yeovil rec - 28 September 2007
Chalet blot in beauty spot - 12 September 2007
Access-way on Surrey common refused - 12 September 2007
Locked gates on Westwood Common - 12 September 2007
Deplorable enclosure of common land - 30 August 2007
Important site in Petersfield saved - 29 August 2007
Path won after 20-year struggle - 15 August 2007
Plympton school path saved - 15 August 2007
Rutland must abandon path priority-system - 15 August 2007
Fighting an eyesore in Chiltern wood - 14 August 2007
Joint action saves bridleway at Llanbadarn Fyndd in Powys - 14 August 2007
Path claimed round Bowmoor Lake - 14 August 2007
We slate Cornwall's path hierarchy - 10 August 2007
Important Devon footpath reopened - 2 August 2007
Henley Festival’s ‘self-inflicted slur’ - 11 July 2007
We win best answer for Holt Heath Common - 10 July 2007
Reopen blocked footpath, Brent - 6 July 2007
We bust attempted secrecy in Whitehaven Bill - 6 July 2007
Betws Mountain wind turbines: the battle’s not over - 6 July 2007
We fight new military hut at Baggator - 29 June 2007
First round for Jolly Sailor paths won - 29 June 2007
We win battle of Bullfinch Lane - 19 June 2007
Garway Common saved from degradation - 19 June 2007
Campaigners save valued footpath in Westbourne - 15 June 2007
Tele-mast eyesore at Parliament Piece - 23 May 2007
Bulldozed track on Torfaen Common - 23 May 2007
Council retreats from cycle-track plan - 11 May 2007
Widmer Farm—second chance - 25 April 2007
We back Warneford Meadow rescue plan - 18 April 2007
Wind turbine threat to South Pennine summit - 12 April 2007
Mablethorpe footpath threatened again - 11 April 2007
Safe walking-route spurned - 29 March 2007
We fight blot on Garway Common - 29 March 2007
Cross Moor wind-turbines 'add insult to injury' - 20 March 2007
Settlement secured for Bournemouth's paths and spaces - 20 March 2007
Poor’s Acre—victim of funding cuts - 5 March 2007
Council rules that Yeadon Banks stay green - 5 March 2007
Victory for Telscombe Tye Common - 2 March 2007
Destructive road-scheme- 20 February 2007
Glyndebourne to face the music - 20 February 2007
Longridge Wood campaign takes big step forward - 20 February 2007
Brooklands Passage saved - 20 February 2007
Hebden Bridge first ‘walkers are welcome’ town - 20 February 2007
We fight cycle track on Lincoln common - 2 February 2007
Bradfield Parish Council saves green - 29 January 2007
Ancient Stockport path saved from closure - 17 January 2007
Blocked path across golf course to be reopened - 17 January 2007
Ewyas Harold Common saved from eyesore - 17 January 2007
Path closure at Plympton School - 17 January 2007
Open space saved on Saxon Shore Way - 17 January 2007
We fight plan to close Lambeth footpath - 3 January 2007
Somerset’s path hierarchy deplored - 2 January 2007

 

See News Index Page for news from previous years

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Fencing plan for Rishworth Moor
20 December 2007

We have objected to an application from Yorkshire Water Services Ltd (YWS) for fencing on Rishworth Moor common, near Ripponden, on the boundaries of Calderdale, Rochdale and Lancashire. YWS has applied to the Secretary of State for Environment, Food and Rural Affairs for consent to erect 14 kilometres of fencing on the common in order to contain stock. Most of the fencing (8.7 metres) is to be permanent.

Says our general secretary, Kate Ashbrook: ‘This is a wild open moor, where people have the right to walk and ride. The fence will impair the beauty and freedom of this stretch of countryside and impede people’s right of access there. Furthermore, the proposed fence runs close to the Pennine Way National Trail, a route of international importance which crosses the moor. Instead of having an exhilarating, wilderness experience, walkers would feel hemmed in and constrained.

‘Some of the fencing in the current application was the subject of a heavily-contested application in 1997. This went to a public inquiry in 2002 and was rejected by the inspector. At the inquiry the applicant, Mr Edward Stott, withdrew his application for fencing alongside the Pennine Way.   Now YWS is applying for just the same fencing, and it is just as unacceptable.

‘We have said we are prepared to accept some temporary fencing, for no more than ten years, to protect the bare peat from grazing, but we shall oppose any permanent fencing on this wonderful common,’ Kate declares.
 

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Unlawful fencing on Carmarthenshire common
20 December 2007

We have deplored the unlawful enclosure of common land at Gwaun-Cae-Gurwen, near Ammanford in Carmarthenshire.  The common has been unlawfully fenced for many years, without the consent of the National Assembly for Wales under section 194 of the Law of Property Act 1925.  Now the owners of the adjoining land, who live at 10 Leyshon Road, Gwaun-Cae-Gurwen, want to replace the unlawful fence by a wall and have sought the consent of the National Assembly for Wales.

Says our general secretary, Kate Ashbrook: ‘This common has already been unlawfully fenced and we are concerned that the owners of 10 Leyshon Road wish to treat the common as their private garden.’  The land apparently has grazing rights and the Caergurwen and Penlle’rfedwen Commoners’ Association has also objected to the application.  Both the Open Spaces Society and the commoners have called for the unlawful fencing to be removed.

Says Kate: ‘We have urged the National Assembly to reject the application because the works are of purely private benefit and will suburbanise and privatise land which is intended to be enjoyed by all, and used by commoners for grazing.  In considering an application for works on common land, the National Assembly for Wales has to be satisfied that they are “of benefit to the neighbourhood”. These works clearly are not of such benefit.

‘We trust the assembly will reject the application and inform the applicants that they must remove the unlawful fence and restore the common to its former open state forthwith,’ Kate concludes.
 

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Campaign to save Waterfoot’s green lung
20 December 2007

We have objected to Lancashire County council’s plans to build a replacement for Waterfoot Primary School on green-belt land south of Booth Road at Waterfoot, in Rossendale, Lancashire.

Says Kate Ashbrook, our general secretary: ‘This open space is a vital green lung for the many surrounding communities. It is much enjoyed by local people for quiet recreation. A popular public footpath which crosses the site would be buried in concrete.

‘A rare survival among urban development, this green space has a lovely open feeling and magnificent views across the valley to the hills beyond. It would be tragic if it were to be destroyed by development.

‘We have urged the county council to abandon its plans and to save this open space for the community to enjoy for ever,’ Kate declares.
 

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Forestry Commission agrees to dedicate public path
13 December 2007

Peter Newman, one of our Herefordshire local correspondents, has asked the Forestry Commission to dedicate a public footpath at Stanner Rocks, near Kington—and it has agreed.

Says Peter: ‘There is a public footpath which runs through Forestry Commission land in the county of Powys. A short section of this path passes into the neighbouring county of Herefordshire, near Kington, but this section was never registered as a right of way, so there is a hole in the path map.

‘We asked the Forestry Commission to draw up a deed of dedication for the route, so that it could be added to the official map of public paths. The commission’s district manager, Rachel Chamberlain, was most helpful and has passed the details to their land agent to look at drafting a deed of dedication.

‘This is excellent news, and we look forward to celebrating its inclusion on the official map, so that everyone knows that they can use this public path,’ says Peter.
 

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South Hams green lanes threatened by motorbike abuse
7 December 2007

We have called on South Hams Council’s planning committee to reject an application which will lead to increased use of green lanes in South Devon.  The society is opposing the retrospective application from Mr and Mrs Savery for change of use of agricultural barns as an indoor motorbike-training facility at Wheeldon Farm, near Halwell.

Says Kate Ashbrook, our general secretary: ‘This development will result in exploitation of green lanes, nearby and further afield, by noisy, dangerous motorbikes. By stepping up the motorbike training at Wheeldon Farm, the Saverys are also encouraging the greater use of green lanes in the vicinity.

‘The application is presented as a seemingly innocuous plan for diversification of farm buildings, but in fact it will have a far-reaching effect on residents of the area, and the many visitors to it. The South Hams depends on tourism but these plans will have a severely detrimental effect on visitors.  This lovely, tranquil landscape is designated as an area of outstanding natural beauty, because it is of such high quality. Roaring motorbikes, churning up the green lanes, are in direct conflict with that designation.

‘The Saverys state that they thought they had received approval for this application two years ago, with a restriction imposed by South Hams Council on the use of the green lanes. However, local people consider that the use of green lanes has not significantly reduced, which indicates that this restriction was ignored. It is in any case unenforceable unless the council intends to post sentries on the green lanes 24 hours a day, seven days a week.

‘We urge South Hams Council to put an end to the misery of all who seek peace and solitude in the South Hams, by rejecting this application,’ Kate declares.
 

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Morton open space saved from development
7 December 2007

Cumbria County Council has ruled that a valued open space, at Seatoller Close, Morton, in Carlisle, will be registered as a town green, thereby saving it from development.  We had advised our member, Peter Gardner of Highfield Avenue in Morton, on the process. It congratulates him for his persistence in achieving this outcome.

Cumbria County Council, the registration authority, invited Mr Vivian Chapman QC to hold a public inquiry into the application, and Mr Chapman recommended the council to register the land. This was confirmed by the council’s development control and regulation committee on 20 November.  The land was threatened with development by the owners, Carlisle Housing Association, which wanted to build here.

Says Nicola Hodgson, case officer for the Open Spaces society: ‘This decision to register the land as a green means that it is now protected from development.  In order to prove the land was a green, Peter Gardner had to show that it had been used by a significant number of local inhabitants, for lawful sports and pastimes (ie quiet recreation) for 20 years. Fortunately, they had plenty of evidence of such use.

‘This is open space is greatly valued by the community. We are pleased that it is now safe for ever, and we are proud to have played a small part in achieving this,’ Nicola concludes.
 

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Land in Haverfordwest saved from development
4 December 2007

Pembrokeshire County Council has ruled that land at Fleming Crescent, a valued open space in Pembrokeshire, shall be

 registered as a town green, thereby saving it from development.  We have congratulated the applicants, Lyndon Frayling and Gareth Griffiths, and their supporters for their hard work and determination throughout the campaign.

Pembrokeshire County Council, the registration authority for town and village greens, invited an independent inspector Andrew Roberts to hold an inquiry into the case. Mr Roberts ruled that the whole of the land at Fleming Crescent in Haverfordwest should be registered, and the county council planning and rights of way committee confirmed this on 6 November.

Says our case officer, Nicola Hodgson: ‘This decision means that this land is now saved from development. The owners of the land, Pembrokeshire County Council, objected to registration. The council had agreed to sell the land to Pembrokeshire Housing Association for development. Now that it is confirmed as a green, any development there will be unlawful. In order to prove the land was a green, the local people had to show that it had been used by a significant number of local inhabitants, for lawful sports and pastimes, for 20 years. They had plenty of evidence of such use.  However, the objectors maintained that the land had not been widely used. In spite of this, the inspector ruled that the local people had used the land for lawful sports and pastimes.’

Nicola concludes: ‘We congratulate Lyndon Frayling and Gareth Griffiths and their supporters for their excellent work. We are delighted that the land in Haverfordwest has been saved for the community.’
 

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Wokingham to seek solution to Henley Festival path-closure
4 December 2007

Wokingham Borough Council agreed to the society’s request to defer determination of an application from Henley Festival to close the Thames Path National Trail, for an unprecedented 145 ¼ hours during next year’s festival.⁽¹⁾  The council’s executive committee agreed to undertake a debate between the society, Remenham Parish Council and the festival organisers to see if a long-term solution can be found.

Says Kate Ashbrook, the Open Spaces Society’s general secretary: ‘We are pleased that Wokingham Borough Council has at last listened to us and has realised that it should not automatically rubber-stamp the application for path closure. We called on it to defer last night’s decision in order to have discussions—a view which was backed by the Government Office for the South East, and it agreed to do so,’ Kate says.

‘We too want to have constructive discussions with all the parties to see if a long-term solution can be found. First we need to establish whether it is necessary to close the path at all, given that, for 16 of its 25 years, the festival was held without any right of way being closed. It may be convenient for the festival, but is it necessary?  However, if it is shown to be necessary to close the path, we wish to see the closure for a minimum period, and for the alternative route to be as good as the existing one along the Thames. This is a path of international acclaim and it should be treated properly.

‘It’s time the festival was required to justify its actions, and to explain why it claims it must close the path. This year it has asked to close it for an unprecedented 145¼ hours, over nine days. This is nearly four times the number of hours which it requested last year (last year it requested 37½ hours). The festival itself only lasts for five days.

‘We are grateful to Councillor Keith Baker, the executive member for highways and transport, for pressing the council to defer the matter and enter into discussions. Let’s hope a solution can be found once and for all,’ Kate concludes.


(1).  Henley Festival has sought consent, under section 16A of the Road Traffic Regulation Act 1984 to close the path for 145½ hours over nine days, although the festival only lasts for five. Because the closure sought is for more than three days, the Secretary of State for Transport’s consent is also required. Before granting consent the traffic authority (Wokingham Borough Council) must be satisfied that ‘it is not reasonably practicable for the event to be held otherwise than on a road, in this case a public footpath, Remenham number 4 (which is also the Thames Path National Trail). It must also be satisfied that there is a safe and convenient alternative route.
 

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Solution to save threatened space at Widmer Farm
30 November 2007

We have proposed that threatened open space at Widmer Farm, Hazlemere in Bucks, should be made a village green and thereby protected from development.  Our case officer, Nicola Hodgson, has strongly objected to the planning application from George Wimpey to develop fields at Widmer Farm for sports facilities. The matter is being considered by Wycombe District Council.

Says Nicola: ‘We object to this planning application because it would be contrary to the land’s designation as an Area of Outstanding Natural Beauty. This development would destroy the amenity value of the land for quiet recreation. Such a loss to the community is unacceptable.

‘We suggest instead that the landowner should voluntarily register the land as a village green, using a new law, the Commons Act 2006. This would protect the land in perpetuity, for use and enjoyment by local people. Such registration could be a condition for allowing limited development on the rest of the area.’

The society backed its member, Grange Action Group, in its attempt to register the land as a village green. Although that failed on legal grounds in the High Court in 2003, the land is still of vital importance to the community for quiet recreation.
 

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Donation To Help Warneford Meadows
30 November 2007

We have given financial support (£500) to the Friends of Warneford Meadow in their efforts to save the 18-acre meadow, at Headington, Oxford, from massive development.⁽¹⁾.  The donation is towards the legal costs for a public inquiry into the registration of the land as a town green.

 Says Kate Ashbrook, our general secretary: ‘We are backing the Friends because we recognise the importance of thismagnificent open space to the community.  If they succeed in registering the land as a green, it will be protected from development for ever.

The application to register the land as a green was made by Paul Deluce, with support from the Friends. Paul has legal representation, from barrister Ross Crail, at the inquiry. This is necessary but costly, particularly as the inquiry, which opened on 8 October, is lasting much longer than anticipated and has now been adjourned until next year.

Says Kate: ‘We urge anyone who cares about this lovely open space to send a donation to the Friends to help them fund their vital case.⁽²⁾  With our support, the Friends have a good chance of saving this wonderful place for all to enjoy,’ Kate concludes.


(1). The National Health Service has applied for planning permission to develop the site for student accommodation and other housing. The application will be determined by Oxford City Council in early January.

(2). Donations should be sent to the Friends of Warneford Meadow, 108 Southfield Road, Oxford OX4 1PA. Contact: fowm@btinternet.com.
The Friends can reclaim gift aid on donations of over £100. Link to FOWM website (www.friendsofwarnefordmeadow.org.uk).
 

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Fight for Epworth footpath
27 November 2007

Footpath number 74 as it was in 1987

We are backing our member, Graham Wager, and local people in their bid to save a footpath from being moved. Graham lives at Epworth Turbary, five miles south-west of Scunthorpe in North Lincolnshire. He is fighting plans to move footpath number 74, which runs alongside Old Turbary Drain, at a public inquiry on 5 December.

Says our general secretary, Kate Ashbrook: ‘This is a much-loved local route, which has run along the western side of the drain for as long as anyone can remember.

‘We are concerned that the residents of the nearby house, Starcross, have persuaded North Lincolnshire Council, the highway authority, to support them in trying to move the path to the other side of the drain, away from their property.

Footpath number 74 as it is now

‘Furthermore, they appear to have extended their garden over the path, to make it look like part of their private property, discouraging the public from using the route.

‘Unfortunately North Lincs Council, which has a duty to uphold the public’s rights to use and enjoy footpaths, has allowed this abuse to continue, and has agreed to make an official order to move the path,’ says Kate.  Graham Wager has objected and the matter will be determined by an independent inspector. Mr Wager is to be represented by an expert, Robin Carr from Northallerton.

Kate concludes: ‘We consider the proposed new route is inferior and that the public should not be shoved out of the way to suit the convenience of a landowner. We wish Graham and his supporters every success in saving this path.’
 

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We back bid to save Osbaldwick Meadows
27 November 2007

We are backing the Friends of Osbaldwick Meadows in their campaign to save an open space, Land West of Metcalfe Lane at Osbaldwick, York. The Friends have submitted an application to the City of York Council to register the 23-hectare space as a town or village green.

Says our case officer, Nicola Hodgson: ‘If the friends succeed and the land is registered, it will be protected for ever from development.  This is vitally important as the Joseph Rowntree Housing Trust already has outline planning permission to build 540 houses here. The landowner, the City of York Council, will sell the land to the trust under a partnership agreement should the application fail. Then there will be no stopping the development and this open space and amenity for existing residents will be lost.

‘The Friends had to prove that local people have used the green for informal recreation for 20 years, without being stopped and without asking permission. They have put together substantial evidence from people who have enjoyed the land, for walking the dog, blackberrying, rambling and horse-riding, over a long period.

‘The council has advertised the application and, if there are objections, it will arrange for a public inquiry to be held to determine whether the land is a green.

‘The Open Spaces Society offers help and advice to its members in registering land as a green. We believe this case to be a good one and we give the Friends of Osbaldwick Meadows our full backing in their campaign,’ says Nicola.
 

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Pitshill paths saved
26 November 2007

Pitshill: this view would have been lost if the paths had been moved.  Photo: Richard Evans

The Honourable Charles Pearson, half-brother to Lord Cowdray and owner of the dilapidated Georgian mansion, Pitshill, near Petworth in West Sussex, has failed in his attempt to move the public paths on the estate away from the house. Following a four-day public inquiry in October to consider the path-change plans, the government-appointed inspector, Mr Peter Millman, has rejected them.

The objectors were led at the inquiry by West Sussex County Council and Denis Holmes of the Ramblers’ Association.
Says Kate Ashbrook: ‘The inspector heard all the evidence and has agreed with the objectors that the proposed path changes would not be in the public interest, which is one of the crucial tests for these proposals. In summary, he concluded that if the paths were moved, there would be a significant loss of views, especially of the historic, grade II* listed house in its parkland setting. The new paths would also provide a steeper gradient for walkers.

‘This is an excellent decision and shows that we were right to oppose the plans to shove walkers and riders away from Pitshill. We call Mr Pearson “Privacy Pearson” because he seems to be obsessed with moving the public away from his house, despite the fact that the path is separated from the property by a high wall. He even placed advertisements in the local papers last January to drum up support for his case.

‘Mr Pearson bought the property about ten years ago, knowing the paths were there, but he claims he cannot renovate it until the paths are moved. We hope he will now face reality and repair this magnificent mansion.

‘We congratulate the West Sussex County Council and the Ramblers’ Association on presenting an excellent case to the inquiry and are grateful to the many individuals who also objected. Unfortunately the inquiry was arranged at a time when many objectors, including myself, were unavoidably away, but Denis Holmes did a splendid job in leading the objectors from the user bodies,’ Kate concludes.
 

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Bedfordshire County Council does its stuff
26 November 2007

We congratulate Bedfordshire County Council for its persistence in dealing with the difficult obstruction of Maulden footpath 28, across which had been constructed a fence, an animal shelter, a heap of animal dung, a gate and fence and a brick wall.

After numerous attempts to close the path, or to move it round the obstructions, had failed, the council took the landowner, Mr Bowers, to court under section 137 of the Highways Act 1980. The magistrates ruled that the obstructions must be removed within 120 days, ie by the end of February, when we hope that the path can once again be used and enjoyed by the public.

We are delighted that Beds was prepared to go all the way to court to get this path reopened. It has set an excellent example to other highway authorities.
 

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Closure of Hayes footpath
9 November 2007

We are dismayed that Gramophone Lane in Hayes is to be closed, to make way for a development by ‘Resolution’. Our local correspondent, David Williams, fought the plan but an inspector appointed by the Secretary of State for Environment, Food and Rural Affairs has ruled that the path should be closed.⁽¹⁾

Says David: ‘This is a disappointing decision. The route is a valuable short-cut between Blyth Road and Dawley Road. The alternative route is twice as far. The developer’s survey showed that on average there are 35 trips along this path each day, with many days having more than 50 trips along it. Yet the path is now to be made into a car-park.

‘The inspector, Erica Eden, agreed that the alternative would take twice along but considered the additional time to be “minimal”. The inspector was influenced by the lack of objections from users of the route—it’s a pity they didn’t speak out in defence of their path, but perhaps they didn’t know that it was under threat.  The inspector was also satisfied that it was necessary to close the route in order for the planning permission for the car-park to be implemented—this is one of the tests for the closure. We argued that the footpath could have been incorporated into the development, and that the developers had made no effort to preserve the path.

‘This closure is contrary to the Mayor of London’s strategy to encourage walking. Paths in urban areas are valuable, to enable people to get away from the sound and smell of traffic. It is deplorable that this important route is to be turned into a car-park. I hope that in future users of paths will be prepared to speak out in their defence,’ David concludes.


⁽¹⁾  A council may make an order to close a path to enable development, for which planning permission had been granted, to take place. In this case, the developers, Resolution, had obtained planning permission to construct a car-park across the path. The council made the order to close the path but, because there were objections, the matter was passed to the Planning Inspectorate to determine on behalf of the Secretary of State for Environment, Food and Rural Affairs.
 

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Suburban chalet-park rejected
9 November 2007

We are celebrating the rejection of plans to site 36 chalets in a prominent location on The Meadow at Salcombe Regis, East Devon. East Devon District Council’s planning committee refused the application from Salcombe Regis Holidays Ltd at its meeting on Monday (30 October).

Says Kate Ashbrook, our general secretary: ‘This is a great victory for East Devon’s superlative countryside. There were objections from 56 individuals and four organisations, including the Open Spaces Society. The local MP, Hugo Swire, also expressed concerns.

The council’s planning officer, Andy Carmichael recommended refusal of the development because of its effect on the landscape, which is designated an Area of Outstanding Natural Beauty and a Coastal Preservation Area.  He rightly said that users of the public footpath crossing the site would be adversely affected by “the urbanisation of part of a rural footpath network”.

‘This suburban development would have been extremely destructive to the neighbourhood and we are delighted it has been thrown out. We are glad to have played a part in achieving this wonderful outcome,’ Kate concludes.

Further information about the campaign can be found at www.save-salcombe-regis.org.uk.  
See previous article 12 September 2007
 

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Gates across ancient Somerset droveway must go
18 October 2007

A judge has ruled that the gates and pillars erected across a public right of way, the ancient, sunken droveway of Barcroft Lane, at South Petherton in Somerset, are illegal and must be removed.  District Judge David Parsons, giving his judgment in Yeovil magistrates’ court on 15 October, upheld an application from our member Mr Peter Kidner of South Petherton and ruled that the gates and pillars were illegally obstructing the public right of way.⁽¹⁾

Mr Kidner’s court action was against Somerset County Council, the highway authority, for failing to carry out its duty to assert the rights of the public to use the highway and to keep it clear of obstruction. The county council has been ordered to pay Mr Kidner’s costs.

Mr and Mrs Brian Herrick had bought South Petherton Fruit Farm in 2001 and renamed it ‘Barcroft Hall’. They built large, elaborate and intimidating gates across the droveway, which runs beneath the old pre-Roman settlement and adjacent to ancient strip-lynchets, claiming that this was for reasons of stock control and against stolen cars.

The Judge stated: ‘I am certain that Mr Herrick’s claim, that the gates were primarily for stock control, is a pretence; their imposing and secure appearance, complemented by the manicured driveway, and the permissive alternative path, are part of a re-branding of South Petherton Fruit Farm, as Barcroft Hall, to gain privacy and improve the amenity and value of his property.’

The judge further stated that ‘I am satisfied that at all times Mr Herrick has understood that he was acting outside the law when building the obstruction, he has taken a calculated risk, relying on his considerable business skills and financial weight to confuse and intimidate Somerset County Council, actively contributing to their disoriented investigation and attempts to protect public rights of way.’

The judge ordered the removal, within the next 70 days, of all gates, pillars, fly walls, controls and mechanisms that are within a six-metre width across the lane. Mr Herrick may appeal against the judgment within the next 21 days.

Kate Ashbrook, our general secretary, gave evidence in the case in support of Mr Kidner’s application. She stated that ‘closed gates will deter the public, the more so because of the off-putting nature of the entrance to the property’. The Judge agreed with her assessment of the gates, pillars, flywalls and their impact upon the public as ‘both being judicious and perceptive.’

Says Peter Kidner: ‘I am delighted with the outcome, which has restored the right of parishioners, and visitors to this lovely area, to walk this ancient lane freely and without hindrance. I am grateful to all who gave evidence in support of my application, and I hope the outcome will encourage the county council to take more effective and timely action in future.’

Adds Kate Ashbrook: ‘We warmly congratulate Mr Kidner for his persistence in taking this case. It involved many visits to the court and personal financial risk, and we are delighted that he has won. He has shown that it is possible for members of the public to force laggard highway authorities to carry out their legal duty to protect our rights to enjoy public paths.’


⁽¹⁾ Peter Kidner’s action was under section 130A of the Highways Act 1980.
 

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Path closure puts Woodley people at risk
17 October 2007

The route to be closed.

We are fighting Wokingham Borough Council’s plan to bar the public from walking between Lysander Close and the Tesco store and other facilities in Woodley, Reading. The council wants to make a ‘gating order’,⁽¹⁾ empowering it to erect a gate across the end of Lysander Close.

Says local member Dave Ramm: ‘The council can only make such an order on the grounds that the presence of the route is causing “the persistent commission of criminal offences or anti-social behaviour” and that these will be reduced if the path is gated.  Yet the council has produced no evidence that the route is the cause of any crime or anti-social behaviour, and it has no proof that closing it would make any difference to that.  But the closure would seriously inconvenience and endanger a large number of people.

‘The path to be gated is very popular, providing a short cut to the Loddon Vale Centre, primary school, shops, church and doctors’ surgery. The alternative route is a long, dangerous detour.  Parents with young kids will be forced instead onto the busy and unpleasant Hurricane Way, squeezing between traffic and parked cars, instead of enjoying a safe, peaceful, traffic-free route.

‘The council must abandon its pernicious plans and think again, in the interests of the people of Woodley,’ Dave concludes.

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Land in Croxley Green saved from development
17 October 2007

Hertfordshire County Council has ruled that 28 acres of land known as Long Valley Wood and the Buddleia Walk at Croxley Green, a valued open space near Rickmansworth, shall be registered as a town green, thereby saving it from development.  We have congratulated The Keep Croxley Green Group for its hard work and determination throughout the campaign.

Hertfordshire County Council, the registration authority for town and village greens, invited barrister Lana Wood to hold an inquiry into the case. Miss Wood ruled that the whole of the land (apart from 2 acres) in Croxley Green should be registered and the county council development control committee confirmed this on 2 October.

Says the society’s case officer, Nicola Hodgson: ‘This decision means that this land is now saved from development. The owners of part of the land, Transport for London and London Underground Limited (TFL/LUL) and Mr & Mrs Weston, objected to registration. TFL/LUL wanted to use part of the land as a track renewal depot. Now that it is confirmed as a green, any development there will be unlawful.

‘In order to prove the land was a green, the local people had to show that it had been used by a significant number of local inhabitants, for lawful sports and pastimes, for 20 years. They had plenty of evidence of such use.  However, the objectors maintained that the land had been an active tip for many years and that fencing had been erected. In spite of this, the inspector ruled that the group had used the land for lawful sports and pastimes.’

Nicola concludes: ‘We congratulate the Keep Croxley ‘Green’ Group for their excellent work. We are delighted that the land in Croxley Green has been saved for the community.’

Keep Croxley Green website
 

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Wind-turbine menace on Lancashire common
17 October 2007

We have objected to plans by Energiekontor UK to erect ten wind-turbines and other works on Haslingden Moor Common in Rossendale, east Lancashire.  Energiekontor has applied under section 194 of the Law of Property Act 1925 to the Department for Environment, Food and Rural Affairs for consent to site the turbines on common land.

Says Kate Ashbrook, our general secretary: ‘Haslingden Moor is a wonderful oasis among the Lancashire conurbations. Here people have the right to walk and ride over every square inch of the common.  The wind turbines, with their associated paraphernalia of an access track, electricity substation, and temporary fencing, construction compound and crane hardstanding, will be a gross intrusion on the landscape and will be highly visible from the common itself and from further afield.

‘The development will disturb the public’s peaceful enjoyment of the common and may well frighten horses, putting them and their riders at risk.  Moreover, the works will suburbanise this special, relatively wild area, which is particular precious because it is open country close to towns and cities—a vital lung for walkers and riders.

‘The Secretary of State for Environment must be satisfied that the works will be of “benefit to the neighbourhood”. We have argued that they are not, and have called on him to reject the application,’ Kate concludes.
 

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South Pennines Partnership's chance to promote public enjoyment
12 October 2007

‘The South Pennines have been a well-kept secret. Now they have the chance to become a special place for quiet recreation and enjoyment—for residents and visitors.’  So said Kate Ashbrook our general secretary at Pennine Prospects’ first annual conference in Halifax on 5 October.⁽¹⁾

‘This wonderful area is already rich in public paths and access land. They lead people enticingly out of the towns into the surrounding countryside. Under the aegis of Pennine Prospects, the local authorities and local people can work together to promote this special area, for its history, culture, landscape and opportunities for enjoyment.  Few places in England have so much richesse right on the doorstep.

‘But to secure the South Pennines’ place as a special area for recreation and enjoyment we need to:

‘We must recognise the importance of quiet recreation for people’s health and happiness, and for the economy of the area,’ Kate declared.

‘The South Pennines has already shown a lead with its Walkers Are Welcome Towns, Hebden Bridge and Mytholmroyd, two out of only four in England, Scotland and Wales.⁽²⁾

‘We need to celebrate this area for all it can bring to our health and wellbeing,’ Kate concluded.


⁽¹⁾ Pennine Prospects is a partnership between local authorities, water companies, Northern Rail, Natural England, the National Farmers’ Union and the heritage and voluntary sectors: www.pennineprospects.co.uk.

⁽²⁾ Walkers are Welcome towns are, among other things, ones where the public paths are in good repair, they provide facilities for walkers and encourage use of public transport.
 

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Betws Mountain battle enters new phase
12 October 2007

We have objected to an application by ECO 2 Ltd to build 16 wind-turbines with associated work on Mynydd y Betws Common, north-east of Ammanford in Carmarthenshire, and to swap part of the common for an inferior plot elsewhere.

Says Kate Ashbrook, our general secretary: ‘Although the developers have planning permission, they cannot go ahead without the consent of the National Assembly for Wales, as the works involve common land.  They have therefore applied, under section 194 of the Law of Property Act 1925, to site the development on the common and, under other legislation, to swap the common land for another area of land.⁽¹⁾

‘We have objected to both applications. Before granting consent for works on the common, the environment minister must be satisfied that they are of “benefit to the neighbourhood”. That must be impossible when they would destroy the beauty of the common, and people’s enjoyment of it.  These massive turbines would extend right along the length of the common. They would be ugly and intrusive, destroying the last wilderness in this part of Carmarthenshire. They would interfere with people’s rights to walk over every part of this common, and with the enjoyment of riders and cyclists too.

‘ECO 2 propose to exchange the land which would be taken by the turbines for a plot of land to the south of the common at Henrhyd Farm, consisting of a few fields. But such a swap is unfair to the public. The impact of the land to be taken by the turbines is far greater than can be resolved merely by offering a few fields in exchange. The turbines would carve up the 800-hectare common and severely reducing its value to the public.

‘We have called on the Assembly to reject these lamentable proposals,’ Kate concludes.


⁽¹⁾ The exchange is being proposed under section 147 of the Inclosure Act 1845 whereby, if land is to be permanently taken out of the common, it can be swapped for another area. In determining the application, the minister must consider the benefit of the parties and whether the application is reasonable.
 

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Unlawful fencing on Monmouthshire common must go
28 September 2007

Photo:  Owen Morgan

We have called for the removal of unlawful fencing on common land adjoining Bramblemead, at Lower Common near Gilwern in Monmouthshire. The Welsh Assembly Government has refused to give retrospective consent for the fencing under section 194 of the Law of Property Act 1925.

We were consulted by the The Robert Davis Partnership of lawyers, acting on behalf of the inhabitants of Bramblemead, Mr and Mrs Richard Axford, who wished to legalise the fencing which had been erected around part of the common. We objected, along with Llanelly Community Council and a number of local residents.  In granting consent for works on common land, the Minister for Environment, Sustainability and Housing must be satisfied that the works are of ‘benefit to the neighbourhood’.

Says Kate Ashbrook, our general secretary: ‘We visited the site and were dismayed to discover that the two-metre-high, boarded fencing was already there, without consent. It is ugly and suburban, and makes the common appear to be the private property of the adjoining landowners, which it is not.  Moreover, the Axfords argued that they needed the fencing for the security and safety of their children—but the land is common land, it is not their private garden for their exclusive use.

‘We are delighted that Mr Steve Jones, on behalf of the environment minister, has concluded that the fencing should be rejected,’ Kate declares. 

Kate continues: ‘Although the applicants argued that there was a gate through which the public can pass, Mr Jones considered that the gate appeared to be an entrance to a private property.  So the fencing has been roundly rejected by the Assembly, and is therefore unlawful. We have written to the applicants and their solicitors to ask them to ensure the fencing is removed without delay.’
 

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Safe route to school
28 September 2007

An important safe route to school in Bursledon, south Hampshire, is one step nearer to being included on the official map of public rights of way (Hampshire County Council’s definitive map), thanks to the persistence of local resident Diane Andrewes, who is also a committee member of the society.   The path runs from School Road, south to join with Bursledon footpath number 6 which runs east from Kew Lane. We supported Diane in claiming the route as a public path.

Diane explains: ‘In order to claim a path for the definitive map, one must show that people have used it for at least 20 years, without being stopped and without asking the landowner’s permission. Fortunately, we have been able to do this here.  In 1999, when the need for a safe route to school from a recently re-developed social housing estate was being explored by Eastleigh Borough Council, two mothers began walking their children to school along a route which was marked “Path” in their book, Southampton and Eastleigh Street Plans based on Ordnance Survey Maps (the route between Bursledon footpath number 6 and School Road).

Claimed footpath off Bursledon footpath 6 to School Road.  Photo: Diane Andrewes.

‘The small children enjoyed their new-found freedom, the wildlife, the trees and the feeling of being in the country rather than on the dangerous, narrow country lanes. One day, on their way to school along this footpath, they were accosted by a landowner who shouted at them and made the children cry. He told them they were walking on private property and were trespassing. The mothers, although extremely upset by this encounter, approached me, as I was at that time their local councillor, as well as being a member of the Open Spaces Society and the Ramblers’ Association.

‘I made enquiries of local people, who were emphatic that the track had always been a public footpath and, since the path was not included on the county council’s official map of public paths, they agreed to complete claim forms, giving evidence of their use of the path. The claims were forwarded to Hampshire County Council in 2000 and I submitted an application to modify the definitive map to include the path.

‘The claim forms and statements reveal a fascinating account of Bursledon village life from 1917 onwards. First recollections of the claimed path were of being taken by parents to inspect the strawberries growing in the allotments on either side of the path. Bursledon was sending to Covent Garden the earliest strawberries in the country at that time and it was said that the whole village turned out on Sunday evenings to monitor their progress. The claimants remembered running or skipping along the path to and from school with their friends, visiting family in other parts of the village, going to work by way of the path and, later on, doing their courting and then bringing their own children. Even later, they would pass through to visit their parents’ and spouses’ graves in the churchyard and go down to the river to fish.

‘When the Pilands council housing estate was built nearby in 1953, the first residents, the skilled, key workers who had been recruited from around the country to work at the nearby aircraft firm, used to take their families on journeys of exploration using the network of footpaths, including the claimed path, to familiarise themselves with the village. The Roman Catholics used the path on their way to and from mass at the chapel in the big house, Greyladyes, every Sunday.

‘Walkers on the path came from all parts of the village, using it without force, without permission and without secrecy. All the evidence reveals for the first time the very considerable use of the footpath network in Bursledon.  As strawberry growing declined, houses were being built alongside the path, and the landowners began to put up “Private” notices and challenge locals who walked the path. In the main, these occasional incidents were greeted with derision or ignored, and the use continued until BP laid a new pipeline across the path and erected new boundary fencing.

‘The challenge to the mothers occurred soon after the path was accessible once more, and the public’s right to use the way was considered to have been first brought into question at that time.  Hampshire County Council accepted that there had been use by the public during the years the path had existed, but considered the use insufficient to represent the public at large during the 20-year period, 1980 – 2000. It refused the claim in August 2005.

‘After taking advice from the Open Spaces Society, I decided to appeal against the decision and found ten more claimants. In all, 23 users made statements which covered the period from 1917 – 2001, with most users claiming use between 1920 and 1960. As well as their own use, most of the claimants often referred to other users, who were either present at the time or accompanying them.

‘In April 2007, the inspector, appointed by the Secretary of State for the Environment, Food and Rural Affairs, found for me on the grounds that the claimed use during this period had gone on sufficiently long that dedication at common law could reasonably be inferred and a public footpath reasonably alleged to subsist over the claimed path.

‘On 9 August 2007, the Secretary of State accepted the inspector’s conclusions and directed Hampshire County Council to make an order modifying the definitive map and statement for the area by the addition of the footpath. This means that Hampshire County Council must now advertise the proposal and, if there are objections, there will be a public inquiry so that all the evidence may be heard.

‘I hope it will not be too long before the path reverts to its former use as a safe route for village children attending the local schools,’ says Diane.

Earlier this year Diane successfully appealed against Hampshire County Council’s refusal to add the path from the Jolly Sailor pub in Bursledon. The council has now made and advertised the order and, if there are objections, a public inquiry will be held.
 

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The fight for Yeovil Rec
28 September 2007

We are backing the campaign to save Yeovil recreation ground at Mudford Road from the Sports Zone multi-million pound development. The society has written to South Somerset District council’s leader, Tim Carroll, expressing its opposition to the proposals.

Says Kate Ashbrook, our general secretary: ‘It would be a disaster for Yeovil if a large chunk of the rec were to be desecrated to provide a sports complex.   Yeovil rec is a special asset to the town. It is rare to find such an extensive open space in an urban area. Here you can feel you are in the country, with wide views north to Glastonbury Tor and the Mendips, and south to the Blackdown Hills.  It is a place where people of all ages can wander, walk the dog, kick a ball, or just sit around and have a chat. There’s good visibility so people feel safe. It has a real community spirit.

‘There will be other sites where the sports development can go. There is only one Yeovil rec.

‘We are right behind the local campaigners who want to save the rec for all to enjoy,’ Kate concludes.

Link to 'Save Yeovil rec' website
 

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Chalet blot in beauty spot
12 September 2007

We have joined the campaign against plans to site 36 chalets in an East Devon beauty spot.

The society has submitted to East Devon District Council a robust objection to an application from the Salcombe Regis Camping and Caravan Park for this development on The Meadow at Salcombe Regis.

Says Kate Ashbrook, our general secretary: ‘We consider that the development would be an unacceptable intrusion in this lovely, unspoilt area, which is in the designated East Devon Area of Outstanding Natural Beauty.  The site is also within the Coastal Preservation Area and highly visible from the prestigious and popular South West Coast Path National Trail and the internationally important East Devon Coast World Heritage Site. And the area is of historic and cultural importance too, for Salcombe Regis village is of medieval origin,’ Kate continues.

‘The development will affect a popular public footpath which crosses the site, and there is no obvious route to which that path could be moved.  The applicants claim that this is “change of use”. In fact that’s a euphemism for a new development. Instead of a seasonal site for 60 caravans, there will be permanent, ugly new village, smack in an area of great natural beauty.

‘We trust that East Devon District Council will reject this controversial and pernicious proposal,’ Kate concludes.

Save Salcombe Regis website - www.save-salcombe-regis.org.uk 
See latest news article above ( 9 November 2007)
 

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Access-way on Surrey common refused
12 September 2007

The Secretary of State for Environment, Food and Rural Affairs has rejected a plan for a new access-way across Petridgewood Common near Salfords, south of Reigate in Surrey.  The developers, Antler Homes, had applied to construct a tarmac access-way, with associated works, across the common to give access to proposed residential development. Salfords and Sidlow Parish Council and the society objected.

Says our general secretary, Kate Ashbrook: ‘The proposed access would interfere with the public’s legal right to walk and ride over this common [under section 193 of the Law of Property Act 1925] and would create a conflict with vehicles using the track.  The development would be of purely private benefit, whereas the Secretary of State must be satisfied that works on common land are “of benefit to the neighbourhood”. Indeed, the applicants admitted that it would only be of private benefit.  Furthermore, the works would suburbanise this common, which is an important green lung in this developed area,’ Kate continues.

‘Salfords and Sidlow Parish Council argued that the common is used for recreation and a children’s play area. It also pointed out that the application for development and for an access road had been refused by Reigate and Banstead Borough Council.
The developers claimed, among other things, that the track was replacing an existing driveway and that there would be no additional interference with the public’s rights.

‘In her decision letter, Elaine Kendall on behalf of the Secretary of State concluded that “while the proposed works benefit the proposed new residential development, a larger more formalised access-way provides insufficient benefit to the neighbourhood than the current private driveway”. She therefore withheld consent.

‘This is an excellent decision. The Secretary of State has recognised the importance of common land to the public, and has refused to allow private interests to degrade the common,’ Kate concludes.
 

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Locked gates on Westwood Common
12 September 2007

We have warned the Beverley Race Company that it must unlock the gates in its new fencing on Westwood and Hurn Common, to enable the public to exercise its rights to walk and ride over the land (the common is subject to such rights under section 193 of the Law of Property Act 1925).

In June, Sally Iggulden, the racecourse manager, assured us that two of the gates in the fencing on Beverley racecourse ‘remain open at all times’, but the society has learnt that this is not the case.

The racecourse fence.  Photo: Barbara English		Padlocked gate.  Photo:  Barbara English

Says our general secretary, Kate Ashbrook: ‘We are dismayed that the Beverley Race Company has broken its word. All six gates in the new fencing are barred and padlocked, so that people are denied their lawful access to the common.  We have called on the company to ensure the gates are reopened without delay, so that walkers and riders can once again enjoy their historic open access to there.’
 

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Deplorable enclosure of common land
30 August 2007

Photo:  Peter Newman

We have deplored the unlawful enclosure of common land at Penybont, near Llandrindod Wells in Powys. When the owner

of the common, who lives at The Old Post Office, bought the land it had already been fenced by the previous owners, apparently without the consent of the National Assembly for Wales under section 194 of the Law of Property Act 1925. The owner wants to replace the fence with a hedge and has sought consent for this retrospectively.

Says Kate Ashbrook, our general secretary: ‘Common land should be open and unenclosed. This common has already been unlawfully enclosed and we are concerned that the owner wishes to keep it in that state. She has even planted a row of fir trees there, without consent, instead of removing the unlawful fence and reopening the land.

‘We have called on the National Assembly to reject the application because it will in effect become part of the private garden of The Old Post Office. It has already been suburbanised by the fence and ugly fir trees,’ Kate observes.  ‘The applicant says that she wishes to enclose the land so it is safe for the children and pets to play in. But it is not her private garden. It is common land, in which the public has an interest.  In considering an application for works on common land, the National Assembly for Wales has to be satisfied that they are “of benefit to the neighbourhood”. These works clearly are not of such benefit.

‘We trust the assembly will reject the application and inform the applicant that she must remove the unlawful fence and fir trees, and restore the common to its former open state,’ Kate concludes.
 

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Important site in Petersfield saved
29 August 2007

East Hampshire District Council has rejected plans to develop land at the southern end of The Causeway, Petersfield, for a factory and ‘enterprise centre’.  The Open Spaces Society backed Buriton Parish Council, the South Downs Society, the South Downs Joint Committee, the Ramblers’ Association and others in opposing the outline plan from J B Corrie & Co Ltd and Forelle Estates.

Says Kate Ashbrook, our general secretary: ‘The proposed development would be an ugly intrusion in this lovely area, which is within the East Hampshire Area of Outstanding Natural Beauty and designated South Downs National Park. It would be an eyesore from such popular sites as Butser Hill and the Queen Elizabeth Country Park. Furthermore, it would require the diversion of a public footpath (Buriton 42), which is a much-used route linking town and country.

‘East Hampshire District Council refused permission because it considered that the development would be an unacceptable intrusion in the countryside; the proposed vehicular access would interfere with the safety and convenience of users of the adjoining highway; the users of the footpath would be adversely affected, and it was contrary to national, county and district planning policies.  The site had already been rejected for development on the recommendations of the inspector at the local plan inquiry, and we are delighted that the council has so robustly rejected this latest proposal.

‘The society is pleased to have assisted in saving this important area from ugly development,’ Kate concludes.
 

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Path won after 20-year struggle
15 August 2007

The Drives, Punnel.  Photo: Rodney Legg

A 20-year legal battle over a disputed footpath claim at Puncknowle, a mile inland from the Chesil Beach near Bridport in West Dorset, has been won through the combined efforts of Dorset County Council, the Open Spaces Society and local residents. A half-mile long strip of wide grassland known as The Drives can now be walked as a public right of way.⁽¹⁾

The path was never originally claimed because parish councillors thought it was already protected both as common land and a publicly-maintained county road. Neither was the case.  It was then designated as a bridleway but this status was lost after a public inquiry in 1978. Then the route was redefined and advertised as a public footpath in 1999. Again the adjoining landowner objected, despite the fact that the land has no known owner, and had arguably once been waste of a manor though a claim for common land registration had failed.

Through the efforts of Mrs Ruth Rees and a contingent of ageing Punnel residents – ‘Punnel’ is the local name for the village – the footpath claim was upheld as a result of a second public inquiry. This time, however, the objector went to the High Court and had the order quashed on the ground that the inspector had failed to explain the reasoning behind her decision.

By the time that the path had been re-advertised and came to its third public inquiry, in October 2006, several key witnesses were no longer in a position to give evidence. Their absence was counter-balanced by Dorset historian Rodney Legg who spoke as chairman of the Open Spaces Society:  ‘I had used the path at least once a year from 1960 to 1990, as a convenient short-cut that avoided Punnel while walking a coastal circuit via Abbotsbury and Bexington. It was an easy path, not only because it was obvious and double hedged but also a gentle downhill stroll because I used to approach from the sea, rather than tackling it in both directions.

‘There were no notices of any kind on or beside the route. I never asked permission to use it but once saw a farm worker haymaking, with an old fashioned scythe, who exchanged greetings. I have also seen villagers on it walking their dogs and hikers from the youth hostel in Litton Cheney. I never saw any horse riders but post-war equestrianism had not yet to assert itself in these parts.  I recall that the route was clear and unobstructed, without any gates, and the surface of the track showed signs of regular use. Memories included foraging from an old apple-tree, seeing badger tracks and latrines – badgers then were a lot less common – and photographing a rectangular haystack thatched with reeds.’

By 1990, Rodney Legg explained, his walking style had changed, to the extent that instead of avoiding villages like Punnel he now tended to be attracted to them, ‘particularly when they have a Crown Inn at the main street’.

The Drives, Punnel.  Photo: Rodney Legg

The inspector, Susan Doran, accepted this and a mass of historical evidence. She agreed to confirm to add the path to the official map of public rights of way, though subject to re-advertising the detail after altering the description of its width. This part of the process was also subject to possible challenge.

‘It is a relief for villagers that the period for objections to that has passed, and the inspectorate has now issued its order decision,’ Rodney Legg said. ‘This path is now a path on the map as well as on the ground, and success has finally been achieved. I had my doubts because for a time it seemed set to go to the House of Lords, as the highest court in the land.’


1. The Drives runs from Clay Lane (south of Puncknowle at map reference SY 537 882), east and then north-eastwards between fields to Looke Lane (east of Puncknowle at map reference SY 540 886). The other arm of The Drives are already crossed by public paths, with Puncknowle footpath no. 11 heading east and footpath no. 12 branching off towards West Bexington.
 

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Plympton school path saved
15 August 2007

Plymouth City Council’s planning committee has decided to abandon a plan to close a public footpath at Ridgeway School in Geasons Lane, Plympton St Mary. The councillors rejected the recommendation of officers who wanted the path closed.

The school’s proprietor applied to extinguish the path, using a special law for closing public paths across school grounds on the basis that they are facilitating crime and anti-social behaviour which puts pupils and staff at risk.⁽¹⁾  The order was published and the Open Spaces Society was among the 57 objectors.

Says the society’s local member, Mr John Emery of Hooe Road, Plymstock: ‘The councillors agreed with us that the school had not taken sufficient action to reduce the crime before making the application. We had pointed out to the council that it was easy for people to wander from the path into the school grounds, and therefore that closure of the path would make no difference.

‘We are also pleased that the councillors have said that they support the principle of opening schools up to the public and that the proposal went against that principle.  Furthermore, we considered that the school had not proved that criminal activities had been occurring because of the path nor that they would not have occurred if there had been no path.  Indeed, the fact that members of the public can use the route may well be a strong deterrent to potential criminals,’ John argues.

‘We are delighted that this damaging proposal has been rejected and that the public can still use this direct route between Geasons Lane and Moorland Road, for which there is no reasonable alternative,’ John declares.


⁽¹⁾  The Ridgeway School applied to Plymouth City Council to close the path under section 118B of the Highways Act 1980. This allows councils to close a path running through land occupied for the purposes of a school, if there is evidence that it is expedient to close it to protect the pupils or staff from violence, the threat of violence, harassment, alarm or distress arising from unlawful activity. The school is expected to have taken its own measures to improve security, and the council must also have regard to the availability of a reasonably convenient alternative route.
 

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Rutland must abandon path priority-system
15 August 2007

The society is deeply concerned that Rutland County Council’s draft rights of way improvement plan says that the council will ‘develop a priority system for categorising rights of way’ and that it will ‘identify key routes’.

Says our general secretary, Kate Ashbrook: ‘Rutland only has 276 public paths, totalling 326 kilometres in length. That’s far too few to start putting them into categories and prioritising their maintenance. The council should aim to get them all in good order and to keep them in that state, in accordance with its legal duty.  The danger is that those paths in the lower categories will be neglected or even ignored, and will not be usable by the public.  The council should prioritise the problems, not the paths. For instance, seasonal problems such as ploughing and cropping must be dealt with swiftly, as should problems which make a path dangerous.

‘We trust the council will abandon this proposed priority system for paths,’ Kate declares.
 

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Fighting an eyesore in Chiltern wood
14 August 2007

We are opposing a planning application for an elevated boardwalk in a lovely Chiltern woodland, near Fingest in Bucks.  The five-metre high bridge would dominate a quiet corner of Mill Hanging Wood, crossing a public footpath which is much enjoyed for local and longer walks. The applicant, Mr Neil Woodford of Fingest Manor, claims he needs it ‘to exercise the family pets’ in the woodland beyond the footpath.

Site of proposed footbridge

Says Kate Ashbrook, our general secretary: ‘This development would suburbanise this beautiful woodland, in a designated Area of Outstanding Natural Beauty (AONB), causing a severe eyesore to all who use the public footpath.  Mr Woodford has already erected unsightly fencing alongside the paths in this wood, and now he wishes to damage the area further with this so-called “boardwalk”.  It is outrageous to degrade this area of woodland with an ugly, elevated footbridge, merely so that he can gain access from one part of his estate to another, to “exercise the family pets”, without mixing with the public using the footpath.

‘We are delighted that the Chilterns Conservation Board, which has a statutory duty to have regard to conserving and enhancing the natural beauty of the AONB, has objected to the application. We too have called on Wycombe District Council to say no,’ Kate declares.
 

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Joint action saves bridleway at Llanbadarn Fyndd in Powys
14 August 2007

The application by the landowner to delete an important bridleway has been refused by the inspector appointed by the National Assembly for Wales after a three-day local inquiry in February and May this year. The 790-metre path runs from the A483 road south of Llanbadarn Fynydd to Tynyddol, crossing the river Ithon by means of a ford.  The applicant for the deletion, Mr T Pugh of Tynyddol, alleged the path had been put on the map and register of rights of way in error in 1953.

The British Horse Society, Byways and Bridleways Trust, Cyclists Touring Club, Open Spaces Society and Ramblers’ Association joined forces to oppose this deletion at the public inquiry, the case being put on behalf of all the organisations by Alan Kind, an expert in the field from the Byways and Bridleways Trust.  The Inspector, Mark Yates, concluded that there was a lack of cogent evidence to show that the bridleway was registered in error and did not therefore believe that on the balance of probabilities the bridleway should be deleted.

Says our local correspondent, Peter Newman: ‘This was an excellent example of all the organisations working together to bring about this result. It is unfortunate that Powys County Council did not heed the report of its own expert on rights of way, which clearly stated that there was no case for a deletion of this path.  The Council should have opposed the plan at the local inquiry instead of remaining neutral and passing the burden onto the voluntary organisations.

‘We hope that the Welsh Assembly will issue some guidelines so that similar orders will not be issued in future when they have no hope of going through, and to avoid charitable organisations having to spend their hard-won time and money opposing them at inquiries. ‘
 

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Path claimed round Bowmoor Lake
14 August 2007

Our local correspondent for Cotswold District in Gloucestershire has helped local people claim a valued footpath around three sides of Bowmoor Lake, near Whelford west of Lechlade in Gloucestershire. The lake forms part of the Cotswold Water Park and was formed from gravel extraction which ended in 1974. In about 1976 Bowmoor Sailing Club began to use the lake.

In 1998 local people submitted a claim to Gloucestershire County Council, the highway authority, to add the path to the official map of rights of way, on the grounds that they had used it for 20 years, without being stopped or asking permission. The council made an order in 2003 to add the path but this was opposed by Hanson Aggregates Ltd, the landowner. The subsequent landowner, Coln Park LLP, maintained the objection and a public inquiry was held in July. Gerry Stewart appeared as a supporter on behalf of the Open Spaces Society. Despite various objections from the landowner and the sailing club, the inspector, Heidi Cruickshank, agreed that there was sufficient evidence of use by the public for the 20-year period, 1978-98, and that the path should be added to the map.

Says Gerry: ‘The application was prompted by rumours of a plan to develop the land and its surroundings for exclusive chalet dwellings. We feared that our long use of the path would be challenged. We are delighted that this path has been recognised as a public highway and will be shown on the maps so that everyone knows it is there. It should now be safe.
 

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We slate Cornwall’s path hierarchy
10 August 2007

We have criticised Cornwall County Council’s draft countryside access strategy. The society is deeply concerned that the council has listed public paths in a hierarchy of ‘gold’, ‘silver’ and ‘bronze’, with ‘gold’ having the highest priority; and that it considers that a number of paths ‘are not needed for public use’.

Says Kate Ashbrook, our general secretary: ‘The council has a legal duty to ensure that all public paths are open and usable. Paths are highways, just like any road. We would not countenance a blockage on the A30 or A39 roads, so why should we put up with blocked public paths?  We therefore deplore the council’s path categorisation, of ‘gold’, ‘silver’ and ‘bronze’. All paths are of value, but the danger is that only those listed as ‘gold’, and perhaps ‘silver’, will get any attention. The ‘bronze’ ones are likely to be ignored completely because of the council’s limited resources,’ Kate argues.

‘And we understand that if the council finds a really difficult problem on a ‘gold’ path, it downgrades the path to ‘silver’ or ‘bronze’ so that it can avoid dealing with the problem!  Instead of putting paths into categories, the council should prioritise the problems. For instance, seasonal problems such as ploughing and cropping must be dealt with swiftly, as should problems which make a path dangerous.

‘The council must surely appreciate the immense value of public paths to tourism, and therefore the income they bring to a region which depends on its visitors having a good time. A blocked path can deter someone from returning to the area, and so the county loses out.  We call on the council to abandon its hierarchy for paths forthwith,’ Kate declares.

‘And as for claiming that paths are not needed for public use, there must be very few such paths in Cornwall. We trust the council is not claiming that they are not needed just because they are dead-end paths or illegally blocked.  The solution is to remove the blockages, as required by law, so that people can use the routes. If a path is a dead end, such as one which leads to a farmhouse, the council should find ways of creating a new route to link it into the network so that it can be used and enjoyed by the public.

‘The council should see the paths as an immense opportunity and benefit to the area, and not be neglecting them or trying to get rid of them,’ Kate concludes.
 

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Important Devon footpath reopened
2 August 2007

We have helped to ensure that the formerly-obstructed North Huish footpath 5, near Ugborough in South Devon, has been reopened. 

The path is a useful short-cut, running north-south between Clunkamoor and Ley Farm, enabling walkers to get away from the narrow lanes with their fast drivers. But until recently the path was illegally blocked, by a wheat crop and a dangerous stile.  We reported these problems to Devon County Council, the highway authority responsible for the public paths. We were delighted when the path was cleared through the crop, and a new stile and steps were installed on the northern end of Ley Wood.

Says Kate Ashbrook, the society’s general secretary: ‘This path has been blocked by crop a number of times, and last spring it was like an obstacle course. With the new stile and steps, people will now be encouraged to use the path, and we hope that in future it will be kept clear of crop.

‘It is a joy to walk this lovely, direct route over the fields, and people can now do so with ease. We are grateful to Devon County council’s rights-of-way officer Steve Malec for resolving the problems on the North Huish path.’
 

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Henley Festival’s ‘self-inflicted slur’
11 July 2007

‘Henley Festival will face disrepute unless it immediately reopens the popular and prestigious Thames towpath, which it has suddenly closed because of its construction work.’  So declares our local activist, David Parry.

‘The Festival obtained consent from the Government Office South East for a temporary closure order for the path during the performances over five days, starting at 17.45 pm on Wednesday 11 July. However, the consent was conditional upon Wokingham District Council, the highway authority, ensuring “that the footpath is not obstructed and public safety is not endangered by construction activities when the footpath is open outside the periods of closure imposed by the order”.’⁽¹⁾

‘This condition was imposed because of our strong complaint last year when the path was illegally blocked for two extra days during the construction period. But Wokingham Council has breached the condition because the path has, once again, been obstructed during the construction period’, David continues.

‘The Festival knew full well that it had no consent to block the path before 15.45 pm on Wednesday 11 July this year, but it pig-headedly went ahead regardless and, by 7.30 am on Monday 9 July, the path was obstructed by a wire fence, vehicles and notices telling people to keep out.

‘When we complained to the council, it immediately made an emergency order to close the path on grounds of health and safety. But such orders should only be made when there is a genuine emergency and they normally require a notice to be published seven days ahead. The Festival has known for many months that it planned to carry out construction work here, but made no arrangements for protecting the path and its users. Instead it expects the public to walk an unsightly metal gangway next to a metal fence, rather than the lovely route beside the river.  And Wokingham District Council, which has a duty to assert and protect the rights of the public on public paths, has connived in this malpractice.

‘Since the council and the Festival have breached the conditions in the closure order, the Government Office should declare that order null and void. Deplorably, it refuses to do so.   In blocking the path, the Festival is putting its fine reputation at risk. Its arrogant disrespect of public rights is a self-inflicted slur.

‘The Open Spaces Society strongly urges it to reopen this much-used path without delay, and only to close it during the periods for which it had authority,’ David concludes.


⁽¹⁾ Henley Festival has consent, under section 16A of the Road Traffic Regulation Act 1984 to close the path on from 17.45 to midnight on Wednesday 11 and Thursday 12 July, from 17.45 to 1.00 am on Friday 13 July, from 17.45 to 2.00 am on Saturday 14 and Sunday 15 July, and from 11.15 to 15.30 and 18.15 to 23.30 on Sunday 15 July. The ‘emergency’ closure has been made under section 14(2) of the Road Traffic Regulation Act 1984, which is intended for genuine emergencies and not cases like this one.
 

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We win best answer for Holt Heath Common
10 July 2007

The Government has approved plans by Natural England, successor of English Nature, as managers, and the National Trust as owners, to keep Holt Heath national nature reserve in Dorset open and unenclosed. Roads through it will instead enter across cattle-grids. The three-square-mile expanse of heather, gorse and sphagnum bog lies between Wimborne and the foothills of Cranborne Chase.

‘This is our first such success on this scale on a lowland common in England, which treats it the same as wild landscapes in national parks,’ says Rodney Legg who spoke as chairman of the society. ‘It was an unusual victory in that I appeared as the only supporter of the proposals at a public inquiry last summer, when residents turned out in force to object. Despite that the planning inspector endorsed all I said on behalf of the Open Spaces Society.’

The inspector, Raymond Michael, summarised the society’s evidence in his report:

‘Both physical and psychological access is needed and the erection of barriers degrades and suburbanises ancient landscapes that have been unfenced since prehistoric times. The society has criticised English Nature [EN] over a number of grazing schemes in Surrey, but the scheme at Holt Heath represents the perfect alternative.

‘Ideally, there would be fencing around the perimeter, against neighbouring farmland, and cattle-grids would be set at the points where roads enter the area, as is generally the case on Exmoor and in the New Forest. However, the society accepts that the positions of grids have to be adjusted for reasons of safety or geography, and noise considerations for nearby residents, and considers that EN have come up with a sensible compromise in this respect.’

Mr Michael also took the society’s side in rejecting attempts by adjoining cottagers and householders to have fences erected inside the common that would keep stock away from their properties. Rodney Legg vigorously opposed ‘compromise’ measures:

‘That will create pockets of scrub that will spoil the open look of the approaches and be vulnerable to encroachments. In effect, cottages and houses would be provided with free buffer-zones of common land from which the general public would be excluded.  The new Explorer maps published by the Ordnance Survey in 2005, showed access rights for the public to countryside commons for the first time. Holt Heath is one of those areas and that right of access should be restricted by residents.’

The reason for the perimeter fencing and cattle-grids is to enable cattle from the National Trust’s local herds to graze the common. Spreading areas of scrub have been endangering rarer elements of the flora and reducing its appeal both as a breeding ground for the Dartford warbler and a refuge for rare reptiles.  Walkers also find it difficult to venture further than the paths,’ Mr Legg added.
 

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Reopen blocked footpath, Brent
6 July 2007

Kate Ashbrook and Barry Gardiner MP at the padlocked gate, 15 June 2007. Photo: Keith Perrin

We have served notices on Brent Council to reopen the illegally-blocked footpath number 37 across Northwick Park golf course.  Kate Ashbrook, our general secretary, walked the path on 15 June with the Member of Parliament for Brent North, Mr Barry Gardiner, and local members of the society, and was appalled to find the public path was illegally blocked in three places.

Says Kate: ‘Brent Council has a legal duty to ensure that public paths are not blocked. Yet footpath number 37 is obstructed by a padlocked gate, a tall wire fence and a water tank, which we believe to have been erected by Playgolf as part of the massive golf-course development here. It is impossible for the public to walk the route.

‘Brent Council has known about these blockages for some time and yet it has done almost nothing about them.  The council served a notice on Playgolf in January to reopen the route within 60 days. That time expired, the route remained blocked and the council did not take enforcement action.  So we have used a new law which enables the public to serve a legal notice on the council requiring it to remove the obstructions. We have served three notices on the council, one for each obstruction. If it does not ensure the obstructions are removed, and cannot explain itself adequately, within the period allowed of 28 days, we may take the council to the magistrates’ court for an order to reopen the path,’ Kate explains.⁽¹⁾

‘This path is much loved by local people. It has been denied to them and it’s about time it was put right.  The Open Spaces Society will not stand by and watch the public’s rights being abused by a council’s failure to carry out its duty,’ Kate declares.


⁽¹⁾   The law which enables a member of the public to serve a notice on a council to reopen an illegally-blocked path is section 130A of the Highways Act 1980. Once the council receives the notice (form 1) it has 28 days in which to respond, informing the complainant what, if any action, it proposes to take. If the complainant is not satisfied, he may apply to the magistrates’ court for an order requiring the authority to take, within a certain period, such steps as may be specified in the order to secure the removal of the obstruction.
 

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We bust attempted secrecy in Whitehaven Bill
6 July 2007

We have persuaded the promoters of the Whitehaven Harbour Bill to make public the terms of an agreement which requires the future maintenance of major works around, and public access to, Whitehaven Harbour and its su