LOCAL NEWS
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Local news in 2008 from around the country

 

Local news 2008

̀̀Campaigners seek payback path on secret Berkshire estate - 19 August 2008
Gating plan for Cotgrave path
- 19 August 2008
Viking Way turbines—the next stage in the battle
- 12 August 2008
Free Standon’s common land from unlawful fencing
- 11 August 2008
Boreholes on common land
- 11 August 2008
Popular Tilehurst path threatened by development
- 31 July 2008
Ealing's new pocket-common
- 29 July 2008
Deplorable decision on Epworth footpath
- 22 July 2008
Land in Borehamwood saved from development
- 17 July 2008
Save Sanders Lane -
26 June 2008
Fight for open space at Cornish beauty-spot
- 24 June 2008
First step in saving Yeovil Rec
- 23 June 2008
Plan to develop Anglesey common
- 23 June 2008
Flight paths threaten peace of Chiltern Hills
- 17 June 2008
Deplorable decision on festival path-closure
- 11 June 2008
Popular Poole path reopened
- 9 June 2008
Open space at Stanley, County Durham, protected - 30 May 2008
Threat to Crowborough Common - 23 May 2008
Land in Hazel Grove saved from development - 23 May 2008
Call for action to rescue public paths in Ipswich - 21 May 2008
Wealden Council gets tough in fight for Pooh Bridge link-path - 30 April 2008
Campaign to protect Bentfield Green - 30 April 2008
Manstone Edge Common saved from fencing plans - 23 April 2008
Waterlooville Recreation Ground - 23 April 2008
Ten turbines near Viking Way rejected  - 18 April 2008
Fight to save Luton footpaths from closure - 17 April 2008
‘Lungs of the community’ saved in Sketty - 17 April 2008
Caversham bridleway protected - 9 April 2008
Brixham's Wishings Field Saved - 9 April 2008
‘Menacing’ turbines on Mynydd y Betws Common - 9 April 2008
The gateway to Bristol - 7 April 2008
Brixham's Wishing Field - 7 April 2008
Councillors’ ‘deplorable decision’ threatens South Hams heritage - 20 March 2008
Blockage on Brixham footpath - 20 March 2008
Yeovil Rec supporters vote to go for a green - 18 March 2008
Open Spaces chief to speak at ‘Save Yeovil Rec’ public meeting - 11 March 2008
We fight plans to move path on Northwick Park golf course - 7 March 2008
Threat to Tooting Bec Common - 13 February 2008
House building blocks Basingstoke footpath - 12 February 2008
Village-Green claim at Waterfoot - 11 February 2008
We join battle to save The Braid - 7 February 2008
Why the secrecy? - 5 February 2008
‘Last field’ is saved - 1 February 2008
Wokingham drops plan to close popular path - 1 February 2008
Betws Mountain colliery threat - 29 January 2008
Playground on Roughton Common needs special permission - 29 January 2008
Time to say no to Festival path-closure - 29 January 2008
Development at the Bugle Inn - 23 January 2008
Byway bid at Longparish Mill - 23 January 2008
Intrusions in North Devon landscape - 17 January 2008
Fight against turbines next to Viking Way - 17 January 2008
Threat to the link path to Pooh Sticks bridge - 2 January 2008

 

See News Index Page for news from previous years


 

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Campaigners seek payback path on secret Berkshire estate

19 August 2008

We are calling on Wokingham Borough Council’s planning committee on 20 August to seize the opportunity for a new public footpath through the extensive grounds of Park Place, Remenham, as part of the payback for a massive planning development there. The estate, which is one mile east of Henley-on-Thames, is a mile wide (east to west) and more than a mile long (north to south).

The Open Spaces Society (OSS) and the Ramblers’ Association (RA) have proposed that the council enter into an agreement with the landowner to dedicate a public footpath across the estate, providing a valuable link between Remenham and Wargrave.(1)

Park Place, reported in the Sunday Times as ‘Britain’s most expensive country house’, was bought by Spink Property for £42 million last year. Spink has applied for outline planning permission to erect new dwellings and to alter existing buildings for residential accommodation. The application is for a major development which is a departure to the development plan, requiring approval from the Government Office for the South East.

Wokingham’s head of development management, Jon Bishop, in his report to the planning committee meeting on 20 August, dismisses the OSS and RA proposal for a new footpath, saying: ‘This is not possible as the applicant is not willing to enter into a section 106 agreement [ie planning gain] to secure this footpath link as the estate will be in private ownership’.

Kate Ashbrook, our general secretary, retorts: ‘We see no reason why Wokingham cannot make it a condition of the planning permission that a footpath is created. This proposal was made some years ago by members of the RA and has been rejected out of hand in the past. We hoped it would receive serious consideration this time. This 2.5-mile footpath would be a valuable addition to the network, with magnificent, sweeping views of the Thames valley and the fascinating mansion and grounds of Park Place. People walking between Remenham and Wargrave must risk their lives on the lethal A4130 road between Henley and Hurley and the adjoining lanes. This new footpath would provide a safe, off-road alternative. The proposed development affects an important mansion, set in a historic landscape registered as a grade II* park and garden. This is all land with a strong public interest but there is no public access here. It is entirely appropriate to dedicate a public footpath across the site, to enable the public to have sight of this wonderful place. And it would not intrude on anyone’s privacy,’ argues Kate.

‘We hope that the councillors at Wednesday’s meeting will press for our proposal to have further consideration. We shall be writing to the Government Office for the South East to make our case,’ Kate declares.

1. The proposed footpath would run between Horseshoe Cottages on the A4130 at the top of Remenham Hill and Kenton’s Lane, Wargrave. It uses routes which already exist and is on level ground so suitable for disabled people. It provides a wonderful view of Wren’s Spire, which was raised in the park in 1837 to commemorate Queen Victoria’s accession to the throne; it also offers views down Happy Valley towards the Thames.
 

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Gating plan for Cotgrave path
19 August 2008


We have opposed Nottinghamshire County Council’s plan to erect a locked gate across a public highway in Cotgrave, south-east of Nottingham. The gate would be across the alleyway between Woulds Field and Owthorpe Road on the west side of the village. It would prevent the public from using this path at any time. The council is using the gating-order provisions of the Clean Neighbourhoods and Environment Act 2005. The council can only erect a locked gate across a public highway if it is satisfied that premises adjoining the highway are affected by crime and anti-social behaviour and that the existence of the highway is assisting the commission of these offences.

Says Kate Ashbrook, our general secretary: ‘The county council has produced no such evidence. Furthermore, it admits that any alleged crime occurs in the evening, so there is no justification to close the route for 24 hours a day. This is a useful short-cut for walkers. If it is closed, people will have to go significantly out of their way. Indeed, the council admits this too, and has stated: “It is regretted that some genuine users of this alleyway may be inconvenienced somewhat”. In addition, it is proposed to erect security fencing along Owthorpe Road to prevent people from entering the adjoining Warren nature conservation area and thus getting onto the alleyway. But this woodland is owned by a public body, Rushcliffe Borough Council. It should be freely available for the public to enjoy,’ Kate declared.

‘This quiet village could become as well-fortified as Colditz. The proposed gating order is contrary to the spirit of the gating-order legislation. When the law was passing through parliament, ministers gave assurances it would only be used in urban areas. Now Nottinghamshire County Council is using it in a rural area. This could set a dangerous precedent,’ continues Kate.

‘We are also concerned that the council has invested £20,000 towards the introduction of gating orders, designed to keep the public out, when as the highway authority it has a legal duty to promote the public’s use and enjoyment of highways. That money ought to be spent on getting Nottinghamshire’s network of public paths in good order, not on putting up locked gates across them to ban the public,’ Kate declares.
 

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Viking Way turbines—the next stage in the battle
12 August 2008

Infinergy, the applicant for ten, 125-metre-high, wind-turbines, next to the Viking Way in the Vale of Belvoir, Lincolnshire, has appealed against South Kesteven District Council’s refusal of planning permission last March.

The society is submitting written evidence to the public inquiry in support of the local action group, Belvoir Locals Opposing Turbines (BLOT).

Says Kate Ashbrook, our general secretary: ‘We oppose the development because it would be a severe intrusion for walkers, riders and cyclists on the popular Viking Way long-distance path. This runs from the Humber Bridge to Rutland Water, bringing to the area much-needed income from users. The application site itself is crossed by an important public footpath which is a key link between the villages of Long Bennington and Bottesford. The overpowering, noisy turbines would destroy the peace and tranquillity of this lovely, unsung, area,’ Kate declares.

‘The council’s grounds for refusing the application included the “significant visual intrusion into the landscape” and “the adverse effects on the setting and visual amenity of a number of heritage assets”. Public paths, the enjoyment of which is threatened by the development, are heritage assets too. They are as important as historic houses and ancient monuments. They are part of our history and culture. It is vital to protect them,’ Kate concludes.

 

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Free Standon’s common land from unlawful fencing
11 August 2008


Retrospective consent for fencing on common land at Standon, five miles west of Bishop’s Stortford in Hertfordshire, has been refused by the Secretary of State for Environment, Food and Rural Affairs. The new owner of the common, Mr J Pallett of Mentley Lane West, Puckeridge, had taken over an application from the previous landowner, for retrospective consent from the Department for Environment, Food and Rural Affairs to retain the fencing.

Says our general secretary, Kate Ashbrook: ‘The common, which is a former gravel pit, has been fenced for many years. However, it is registered as common land and therefore the public has the right to walk over every part of it, under the Countryside and Rights of Way Act 2000. We objected to the application because the fencing prevents people from exercising their rights to enjoy this land, and the fence is of purely private benefit and not to the public good—which is one of the tests for such applications. We note that the applicant claimed that the fence prevents the area from being used for fly-tipping, but that does not justify the retention of unlawful fencing on common land. Hertfordshire County Council rights-of-way unit also expressed opposition. We are delighted that the planning inspector Gina Warman, on behalf of the Secretary of State for Environment, has refused consent for the fencing,’ Kate continues.

‘Ms Warman says that “the fencing and gates, and the physical barrier they created, would have a damaging effect on the use and perception of the common which would deter the public from using the land for lawful activities and which would not benefit the neighbourhood” and that “the works would not be consistent with the Government’s wider objective to retain common land as open and unenclosed areas”. She concluded that “there is insufficient justification for the works and that they would have a negative influence on the accessibility of the common which is not outweighed by any benefits gained”.

‘We are delighted by this result and have written both to the landowner and to Hertfordshire County Council, who has powers to protect common land, asking them to free the common from this unlawful encroachment. If they need to prevent fly-tipping, they should use other measures, not rely on an unlawful fence,’ Kate concludes.
 

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Boreholes on common land

11 August 2008

We have objected to an application from Yennadon Stone Ltd to sink four boreholes on Yennadon Down, near Dousland on south-west Dartmoor. The company is investigating the viability of extending the quarry on the down.

Says Kate Ashbrook, our general secretary: ‘The applicant appears not to appreciate that the land is registered common within the Dartmoor National Park. People have the right to walk and ride over the whole area, and the boreholes will interfere with their enjoyment of this lovely downland, with its wide views. Furthermore, since the land is common, Yennadon Stone could not extend the quarry without the consent of the Secretary of State for Environment, Food and Rural Affairs for such works on the common. We suspect that such consent would not be forthcoming, because the quarry would be in conflict with the public’s enjoyment of this common. And the Secretary of State’s consent would be needed in addition to any planning consent from the Dartmoor National Park Authority. So there seems little point in going ahead with the boreholes when any consequent attempt to extend the quarry would be likely to fail,’ Kate declares.

‘We are pleased that the applicant recognises “the sensitive and beautiful nature of the area”, but we feel that it is too sensitive and beautiful to allow these works to go ahead. We have urged the national park authority to reject the application for boreholes,’ Kate concludes.
 

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Popular Tilehurst path threatened by
development
31 July 2008

Spring Lane Bridleway

We have called on West Berkshire Council to carry out its legal duty and protect the popular Spring Lane bridleway, at Lovatt Close, Tilehurst, from desecration by an adjoining development. Westbuild has obtained planning permission for three houses on land off Lovatt Close, and intends to build an access road crossing the bridleway. Work is scheduled to begin on the road next Monday (4 August).

Says Kate Ashbrook, our general secretary: ‘We have consistently told West Berkshire Council that, as the highway authority, it has a legal duty to protect the rights of the public to use the bridleway, which is a public highway in law just like any road.

‘This is a popular route, linking City Road with Littleheath Road. It is an attractive, quiet lane, and the development will brutally suburbanise it.

‘The bridleway is much used by elderly people, dog walkers, school children and horse-riders. All these people will be at risk if an access road to the development is constructed across it.

‘Indeed, the former headteacher of the local school, who estimates that approximately 850 of his pupils use this “safe route to school”, has told West Berks Council’s solicitor Geoff Pike that the proposed crossing is “an accident waiting to happen”.

‘Even if there are “give way” notices for the traffic on the access road, we all know that vehicles tend to ignore walkers and riders. The council has a legal duty to protect our interests but is failing to do so. It is refusing to answer our letters and emails asking it what action it intends to take.

‘Rather than objecting to this crossing, the council has assisted the developer by proposing to adopt the new road, despite the fact it only leads to three dwellings and there is already a well-established pedestrian route between City Road and Littleheath Road. This seems to contravene the Highways Act which states that roads can be adopted only if they are of “sufficient use to the public”, and it runs contrary to the council’s own guideline of only adopting roads leading to more than six dwellings.

‘We do not consider that the maintenance of this adopted road will represent value for money for the local taxpayers, when it is only for limited, private use.

‘We have now written to West Berkshire’s chief executive, Mr Nick Carter, calling on him to ensure that work on the access road is delayed until there is a satisfactory solution. There is no hurry to build this road: Westbuild does not intend to start building the houses yet—and no wonder. The credit crunch must bring into question the viability of the whole project,’ Kate declares.
 

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Ealing’s new pocket-common
29 July 2008

Ealing’s new pocket-common.          Photo: Mark Harrington.

A new area of common has been designated east of Hanger Lane (the A406) in Ealing. The land has been given in exchange for an area of common to the west of the road, which will be taken for the building of replacement bridges and the consequent realignment of Hanger Lane. Transport for London (TfL) was required to provide exchange common-land which was ‘no less in area and equally advantageous to the public’.

Says our general secretary, Kate Ashbrook: ‘Thanks to the vigilance and persistence of the Ealing Common Society, the local watchdog, and other local groups, TfL has provided in exchange a very useful area of land in the immediate vicinity of the lost common land. Although trees were lost during the bridge building, TfL has planted a range of species on and around the land. It is a tiny area, only 880 square metres, but it will be much enjoyed by the public and is a precious open space. It is already beginning to green up. In addition, some further amenity land will be released when the works are completed and this too will be registered as common land. The Open Spaces Society was consulted about the proposed exchange and had no objection provided there was landscaping and tree planting, and we are delighted to discover that this is being done,’ Kate declares.
 

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Deplorable decision on Epworth footpath

22 July 2008
 

Footpath number 74 as it was in 1987

We are dismayed by the decision to move Epworth footpath number 74, 15 miles south-west of Scunthorpe in North Lincolnshire, to an inferior route, following a public inquiry which ended in February this year. We had backed our member, Graham Wager of Epworth Turbary, and local people in their bid to save the footpath from being moved. The path runs alongside Old Turbary Drain but the residents of the nearby house, Starcross, had extended their garden over the path, to make it look like their private property, partly obstructing the route and discouraging people from it. Instead of carrying out its legal duty of reopening the path, North Lincolnshire Council agreed with the property owners to move the path to the other side of the drain. Because there were objections a public inquiry was held.

Says Graham Wager: ‘We are deeply disappointed that the inspector at the public inquiry, Mr Mark Yates, has agreed with the council that the path should be moved instead of fully reopened. The owners of Starcross, Mr and Mrs Storer, claimed that the path compromised their privacy and security, but they produced no evidence to this effect. Furthermore we had evidence that the proposed new route is already a public highway, having been used by people for five years. So moving the route will in fact lead to the loss of a route. But the inspector did not accept our argument.’

Footpath number 74 as it is now

Adds our general secretary, Kate Ashbrook: ‘We are sad that local people have lost their much-loved path. They have walked along the western side of the drain for as long as anyone can remember. We congratulate Graham and other local people for putting up such a good fight and are sorry that they have lost. They have not been well served by North Lincolnshire Council.’
 

 

 

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Land in Borehamwood saved from development

17 July 2008

Hertfordshire County Council has ruled that land at Woodcock Hill, a valued open space in Borehamwood, Hertfordshire, will be registered as a town green, preserving it for use by future generations.

Sandra Parnell (right) and Patricia Strack (left) on the saved land                                              Photo: Peter Beale

The national campaigner for green spaces, the Open Spaces Society, has congratulated the applicant, Mrs Patricia Strack and her supporters for their hard work and determination throughout the four-year campaign.

An inquiry was held in November 2007 and the inspector’s report of March 2008 recommended that the land should be registered as a town or village green (apart from a small area to the east of Footpath 9). The land is just over 10 hectares on the south side of Borehamwood town centre. An objection was made by Laing Homes Ltd and Mr and Mrs J I Oriana who own the land, but a third owner, Mrs J Cowell, did not object. Hertsmere Borough Council and Elstree and Borehamwood Town Council did not object to the application. Hertfordshire’s development control committee confirmed the registration on 8 July 2008.

Says the Open Spaces Society’s case officer, Nicola Hodgson ‘This decision means that this land is now saved, as any development on a registered green would 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 people for lawful sports and pastimes for 20 years. They had plenty of evidence of such use.’

                                                          The new village green

Nicola concludes: ‘We congratulate Patricia Strack and those who supported the application for their excellent work. We are delighted that the land in Borehamwood has been saved for the community.’

The campaigners are grateful to all who donated money to enable them to save the green: Borehamwood Town Council, the Elstree and Borehamwood Green Belt Society and the Patchetts Green Bridleways Trust, who made substantial donations to meet the public inquiry legal costs of over £26,000, and 91-year-old Dr Lewis Wild, who started the Woodcock Hill Society in the 1960s to stop development at that time.

 

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Save Sanders Lane
26 June 2008


We have backed our member, the Bittacy and Sanders Residents’ Association (BASRA), in its bid to save the lovely Sanders Lane, in east Mill Hill, Barnet, from destruction. The society has submitted an objection to Barnet Council’s Mill Hill East Area Action Plan Development Plan Document, which threatens to turn the peaceful Sanders Lane into a two-lane highway. We have supported BASRA’s alternative plan to create a Sanders Lane Green Chain, extending a green corridor into the new housing-development site at Inglis Barracks.

Says our general secretary, Kate Ashbrook: ‘Sanders Lane is a lovely, peaceful, wooded walkway, bringing the countryside into the town. Barnet Council’s plans to turn it into a two-lane highway will destroy its peace and its wildlife. We are delighted that BASRA has come up with an alternative plan, to make Sanders Lane into a natural green corridor and extend it into the new housing area, so that town and country are still linked and the new residents of Barnet will have a lovely place to walk. In addition, they propose traffic-calming measures to protect walkers and enhance their experience. We trust that Barnet Council will accept their far-sighted proposals, for the good of the community’, Kate declares.
 

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Fight for open space at Cornish beauty-spot

24 June 2008

A planning application for change of use from open space to residential cartilage, at Lundy Drive, Crackington Haven, is to be considered by North Cornwall District Council’s Planning and Development Committee after a site visit this Thursday (26 June).

Over time, North Cornwall District Council has formally made clear that public access here was paramount and that planning protection measures would be applied.

We have objected to this application because it will convert public open space into private curtilage. We understand from local people that they have used the land for informal recreation over a long period. If planning permission is granted for change of use, the land will be at risk of development, and public use could be compromised.

If local people have used the land for informal recreation for 20 years, without being stopped and without asking permission, they can apply for it to be registered as a village green. Once registered, the land is protected from development, and local people have rights of recreation there.

Says Kate Ashbrook, our general secretary: ‘There is strong opposition to this application. There have been 50 objections and only 12 letters of support. The objectors include St Gennys Parish Council, speaking for local people. The application is so controversial that North Cornwall Council sought counsel’s opinion. According to the report from the council’s case officer, Peter Phillips, counsel has suggested that an application to register the land as a green “might be the most effective way of resolving the disputes which have arisen in relation to this matter”. We are willing to advise local people if they wish to consider applying to register the land as a green. In the meantime, we urge North Cornwall councillors to reject this application, to ensure that the land can continue to be enjoyed by the public,’ Kate declares.
 

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First step in saving Yeovil Rec
23 June 2008

Trees at risk along the line of the proposed access-road to the sports development.

The first step in registering Yeovil Rec as a village green has been accomplished. Somerset County Council has accepted that the application from the Save Yeovil Rec group, to register the land as a green, is in good order, and will now advertise it to see if there are any objections.
 

These games would be threatened if the sports development were to go ahead.
                                                    Photos: Bob Tucker

Says Nicola Hodgson, case officer for the Open Spaces Society: ‘This is a vital first step in the registration process, and it’s wonderful news that the council has accepted the application as “duly made”. Now the application will be advertised and we’ll have to see if there are objections. The society, which is the expert on the registration of land as greens, will help Save Yeovil Rec to respond to any objections. We are keen to see this land protected for public enjoyment. If the land is registered as a green, it will protect it from development, as it is illegal to encroach upon a green. We wish Save Yeovil Rec every success in saving this wonderful open space for everyone to enjoy.’
 



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Plan to develop Anglesey common
23 June 2008

The threatened land

We have objected to a planning application for a bungalow and garage on an area of common at Llangoed in Anglesey. It is unlawful to build on common land without the consent of the National Assembly for Wales, under section 194 of the Law of Property Act 1925. The public has the right to walk on the common, and the development would prevent people from enjoying that right.

Says Kate Ashbrook, our general secretary: ‘We have explained to Anglesey County Council that it should not grant planning consent for the common when the assembly is unlikely to give permission to build there. The assembly does not sanction purely private development on common land. The council claims that the applicants hope to have the common removed from the register, but they cannot do this until the law is changed, which may not be for some years. In any case, they cannot guarantee that they will be able to deregister the common and we would certainly oppose such an application. This common should remain for people to enjoy, as is their right. Commons are unique areas of land in which there are many interests. We strongly urge the council to reject the planning application and explain to the applicants why common land is special,’ Kate declares.
 

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Flight paths threaten peace of Chiltern Hills
17 June 2008

We have added our weight to the campaign against plans by the National Air Traffic Services (NATS) to route departure flights from Luton airport over the Chilterns Area of Outstanding Natural Beauty. The society has submitted a strong objection to NATS’ proposals to increase the number and reduce the altitude of flights, while directing them over the Chiltern Hills.

Says our general secretary, Kate Ashbrook: ‘The Chiltern Hills are an area of great beauty and tranquillity, and they are especially valuable because they are so close to conurbations. They provide a vital lung and are heavily visited at all times of year because they are so accessible to a large section of the population. Furthermore, the area is rich in public paths, and public-access land. Many of the Chiltern commons, where people have the right to walk and, in some cases, to ride, are sited on the escarpment, directly under the proposed route of the planes from Luton. People’s peaceful enjoyment of these lovely hills will be shattered,’ Kate concludes.
 

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Deplorable decision on festival path-closure

11 June 2008

The Secretary of State for Transport has allowed the closure of the Thames towpath for an unprecedented 145¼ hours during this year’s Henley Festival, which runs from 9 to 13 July. We objected strongly to the festival’s application to Wokingham Borough Council to close the path, not only during the five-day festival itself, but also for two days either side to allow for the setting up and removal of the so-called ‘floating stage’. The council agreed to the application but, because it was for more than three days, it had to refer it to the transport secretary for decision.

Says our general secretary, Kate Ashbrook: ‘It’s time the festival was required to justify its closure of this internationally-important footpath, one of the most popular of the National Trails. In the past the route was closed only during the festival itself. Now we have to suffer the closure over a nine-day period, at the height of the summer, when visitors and local people want to walk the prestigious Thames Path National Trail. The Festival should be required to site its stage away from the path so as not to interfere with it.

‘Moreover, the alternative route provided by the Festival has been squalid and unpleasant, more like a building site with poor views of the river. We trust it will make an effort this year to provide a proper alternative. The consent for closure is conditional upon Wokingham Council arranging that the alternative route is inspected daily to ensure it is safe, in good condition and well-signed. We shall be checking this too.

‘This year the application to close the route was opposed by Natural England, the government body responsible for National Trails. It’s shameful that its objections have been overruled. We trust this will be the last year that we all have to be shoved out of the way for the festival. The Festival organisers and Wokingham Council should initiate early discussions to consider how, next year, the Festival can plan its activities to accommodate the Thames Path on its proper route, without degrading the experience of those who wish to walk it,’ Kate declares.
 

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Popular Poole path reopened

9 June 2008

We have helped to secure the reopening of the illegally-blocked Poole footpath 82, which runs alongside the Royal Motor Yacht Club from Panorama Road northwards to Poole Harbour. Over a year ago, the owner of the boatyard which adjoins the footpath to the east sold the yard to property developers. There were numerous planning applications and the footpath was frequently barricaded. A spur from the footpath to the pier was blocked off.

Our local representatives, Harry and Aimée Alexander, opposed the obstructions and lobbied Poole Council to act. They are also claiming the spur route as a public right of way, to be added to the official map. They successfully pressed for a temporary trackway to be laid along the length of footpath 82 to protect its surface during development of the adjoining land.

At last, footpath 82 has been reopened along its whole length and is in a much better condition than it has been for years, with a pedestrian bollard to protect the route from encroachment by vehicles—thanks to our local campaign.

Says Harry Alexander: ‘We are delighted by the outcome, with footpath 82 fully reinstated and improved for walkers. This is a popular route leading to the harbour with a lovely view over Brownsea Island. We worked with other organisations and local activists to achieve this great victory. This is only the tip of the iceberg: there are numerous other paths around Poole Harbour, leading to the foreshore, which are similarly abused and neglected. Speculators and developers are powerful opponents to those of us who want to protect paths for the public. But we won’t be deterred in our efforts to get all Poole’s paths recorded on the map and put in good order,’ Harry declares.
 

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Open space at Stanley, County Durham, protected
30 May 2008

A development at Mount Pleasant Garage, Chapel Street in Stanley, County Durham, has been rejected by Wear Valley District planners. We were one of two objectors to the proposed dwelling on open land, which is partly grassland and partly covered in trees. The development threatened the Railway Walk, which is open land where people can enjoy quiet recreation.

Says Kate Ashbrook, our general secretary: ‘We opposed the allocation of this land as an industrial site in 1996; this was rejected by an inspector following a public inquiry. It is quite wrong that it should now be developed. The site is outside the boundary of allowed development, and building a house here would create ribbon development. It would also be out of keeping with the surrounding area and damaging to the appearance of the open countryside.’

Chris Baxter, the planning officer from Wear Valley District Council to whom the decision was delegated, quoted the society’s opposition in his decision report. The Environment Agency also objected because of concerns about drainage.

The council refused the application because it would introduce a new dwelling in the countryside with insufficient justification, the development conflicted with government and district council policies, and it had the potential to create drainage problems on the site.

‘Says Kate: ‘We are delighted to have played a part in saving this open space for everyone to enjoy.’
 

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Threat to Crowborough Common

23 May 2008

We have objected to an application from Crowborough Beacon Golf Club to remove from the register of common land part of Crowborough Common, at Crowborough in East Sussex. The golf club has applied to the Secretary of State for Environment, Food and Rural Affairs for consent to deregister nearly four acres of the common and to provide exchange land.

Says Nicola Hodgson, our case officer: ‘This is a heathland, where people have the right to walk and ride. The application will result in a loss of amenity for local people. The plan is to replace this part of the common, which is close to the town, by inaccessible land further from the town. This is unacceptable. Local people have an opportunity to submit their comments to the Planning Inspectorate. The deadline is 13 June 2008. The golf club is proposing to develop the land which it wants to have deregistered, as a care home. It also wants to construct a new car-park for the club there. We believe that this land, which is within the designated High Weald Area of Outstanding Natural Beauty, should remain as common land, for the enjoyment of the public.’ Nicola declares.
 

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Land in Hazel Grove saved from development
23 May 2008

Stockport Metropolitan Borough Council has ruled that land at Chester Road, a valued open space in Hazel Grove, Stockport, will be registered as a town green, thereby saving it from development. We congratulate the applicant, Janet Cuff, and her supporters for their hard work and determination throughout the five-year campaign. Stockport Metropolitan Borough Council, which is both the registration authority for town and village greens and the landowner, supported the application. The land is 1.56 acres. The council’s licensing, environment and safety committee confirmed the registration on 12 March 2008.

Says our case officer, Nicola Hodgson: ‘This decision means that this land is now saved from development. Outline planning permission was granted on appeal in 1994, and a further planning application was made for a retail store, by way of resubmission, but was refused by the council. Now that the land is confirmed as a green, any such development 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.’

Nicola concludes: ‘We congratulate Janet Cuff and the Campaign to Protect Rural England and its supporters for their excellent work. We are delighted that the land in Hazel Grove has been saved for the community.’

 

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Call for action to rescue public paths in Ipswich
21 May 2008


We have called on Suffolk County Council to move swiftly and prepare an official map of public paths—27 years after the law requiring such a map was passed.(1) The society’s local correspondent for Ipswich, Pete Turtill, is meeting county councillors on 3 June to discuss this, and has involved his MP, Chris Mole, in the campaign.

Says Pete: ‘For years the people of Ipswich have been denied their rights to walk the many paths in the town and its surrounding countryside, because the council has failed to record them on the official map, and no one knows they exist. Yet they are highways in law, just like any road. Many routes have been engulfed by development and can never be retrieved. We want the remainder to be properly recorded before it’s too late.

‘In 1981 a law was passed requiring the highway authorities to produce an official map in former county boroughs, such as Ipswich, which before this had been exempted. Twenty-seven years on that map has still to appear.

‘Many paths in Ipswich are gated, fenced or even built over. It is distressing for people to find that a place they have used all their lives, and their parents before them, is suddenly blocked off. We need to get those paths recorded and thereby safeguarded,’ argues Pete.

‘But whenever I submit a claim for a path to be added to the map, as I am entitled to do, the council just sits on it because the councillors haven’t devoted the necessary resources to the project.

‘The public path across the college from Alexandra park to Grimwade Street is one just example of a route which is not being treated properly.

‘It has been blocked unlawfully by a temporary traffic regulation order, a process for which there is no public consultation. Instead the path should have been closed or moved using the Highways Act 1980, which allows objectors to be heard at a public inquiry.

‘One way to improve the situation would be for schools to “adopt” rights of way near them and then apply to have them recorded on the map. That would help to safeguard and secure recognition for these important paths which allow kids to walk to school instead of having to be driven there.

‘The Open Spaces Society is adamant that an official map of paths in Ipswich Borough should be prepared at once and the council should stop shilly-shallying,’ Pete concludes.

1. The National Parks and Access to the Countryside Act 1949 required highway authorities to produce an official (definitive) map of public paths. However, county boroughs (such as Ipswich) were not required to do this. The Wildlife and Countryside Act 1981 required the highway authorities for former county boroughs to produce a definitive map.
 

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Wealden Council gets tough in fight for Pooh Bridge link-path
30 April 2008


The Open Spaces Society is delighted that entrepreneur Ben Van Praagh has withdrawn his retrospective application for a riding arena across a public footpath at Hartfield, East Sussex. This path is used by walkers heading to the famous Pooh Sticks Bridge in Ashdown Forest.

The withdrawal comes in the face of opposition from Wealden District Council’s planning officers. The application for the arena, at Faircote Hall, Chuck Hatch, Hartfield, which has already been built without planning consent, was due to come before the council’s Development Control North Subcommittee on 1 May with a recommendation for refusal.

The Open Spaces Society was one of many objectors to the plan, with Hartfield and Withyham Parish Councils, the Ramblers’ Association, the Sussex Campaign to Protect Rural England, the British Horse Society and many others.

The vast riding-arena, bigger than a football pitch, was built across the public footpath, number 15. It also covers a section of a major Roman road, from Lewes to London.

Wealden District Council began enforcement action to remove the unlawful development, but Mr Van Praagh appealed against this and the case will be heard by the Planning Inspectorate on 23 July.

Says Kate Ashbrook, general secretary of the Open Spaces Society: ‘It is excellent news that Mr Van Praagh has withdrawn his application for retrospective consent. The council’s tough stance has shown him that he cannot ignore planning laws. Now the council can concentrate on the enforcement action, to ensure that the route of the public footpath is freed from the unlawful development. We have called on the Planning Inspectorate to reject Mr Van Praagh’s appeal, since the riding arena suburbanises this lovely area, and is an eyesore for walkers on the footpath. If the development was to remain, the path would have to be moved to an inferior route, which would be unacceptable to walkers. This is a highly popular path, linking with the route to Pooh Sticks Bridge, where Pooh, Piglet and the other animals played Pooh Sticks in A A Milne’s The House at Pooh Corner. We shall fight for the removal of the pernicious development and will oppose any attempts to move this important path,’ Kate declares.
 

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Campaign to protect Bentfield Green

30 April 2008

Objectors to an application for football pitches, a clubhouse and car-park at Bentfield Green, near Stansted in Essex, have won our support. We have objected strongly to this application which would convert the site, which is currently agricultural land, into a sports ground. The field is right next to a registered village green, where local people enjoy quiet recreation and children play games.

Says our general secretary, Kate Ashbrook: ‘The development would overshadow the village green, giving a closed-in feeling. It would generate traffic on the nearby narrow lanes, which cannot accommodate it. The traffic would cross the green, and cars and other vehicles would have to pull over onto the green in order to pass each other. This will destroy people’s quiet enjoyment of this open space. Furthermore, it will put children at risk, since they are accustomed to play here without fear of being mown down by traffic. Uttlesford District Council’s development control committee is visiting the site on 30 April and will then determine the application. We hope that councillors will say a resounding “no” to these damaging proposals,’ Kate declares.

Stop press: the councillors rejected the application at their meeting on 30 April.
 

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Manstone Edge Common saved from fencing plans
23 April 2008


The Secretary of State for Environment, Food and Rural Affairs has rejected an application from Lobden Golf Club to erect fencing on Manstone Edge Common, near Whitworth in Lancashire. The club wanted to place 95 metres of post-and-rail fencing on land adjacent to the clubhouse which is used as a car park. Because the fencing was on common land, it needed the consent of the Secretary of State.

Says our case officer, Nicola Hodgson: ‘We are delighted that the environment secretary has put the public value of common land above the private desires of the golf club. We were concerned that the fencing would restrict the public’s rights to walk and ride horses over the common, and that it would give the appearance that this was a private car-parking area, thus deterring people from visiting the common which they have rights to enjoy. There were three objectors to the proposal, including one from a local grazier. The matter was determined on the Secretary of State’s behalf by the Planning Inspectorate, who concluded that there was insufficient justification to show that the fencing was necessary or would be to the benefit of the neighbourhood, a key test for works on common land,’ says Nicola.
 

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Waterlooville Recreation Ground
23 April 2008

We have objected most strongly to proposals in Havant Borough Council’s draft Allocations Development Plan, for 60 houses to be built on part of the Waterlooville Recreation Ground in south-east Hampshire.

Says our general secretary, Kate Ashbrook: ‘Waterlooville Recreation Ground is of vital importance to local people of all ages, for quiet enjoyment. There are already far too few recreation spaces in Waterlooville. The acreage per head of population will be even less once the houses to the west of Waterlooville are built. Spaces such as this are at a premium and should be protected at all costs, not built on. There must be other places to put the houses, but there is only one Waterlooville Recreation Ground.’
 

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Ten turbines near Viking Way rejected

18 April 2008

An application for ten, 125-metre-high, wind-turbines, next to the Viking Way in the Vale of Belvoir, Lincolnshire, has been rejected. South Kesteven District Council’s development control committee threw out the application from Infinergy to erect the turbines at Thackson’s Well Farm, Sewstern Lane, Long Bennington.

Says Kate Ashbrook, our general secretary: ‘This is an excellent decision. The development would have been a severe intrusion for walkers, riders and cyclists on the popular Viking Way long-distance path. Furthermore, the application site was crossed by an important public footpath between the villages of Long Bennington and Bottesford. The height and noise of the turbines would have transformed this peaceful environment into an experience of walking through a factory.’ The application was rejected by the development control committee by ten votes to two. The grounds for refusal included the ‘significant visual intrusion into the landscape’ and ‘the adverse effects on the setting and visual amenity of a number of heritage assets’.

Adds Kate: ‘We would include the Viking Way in the list of heritage assets. It follows an ancient route and brings vital income to the area.’
 

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Fight to save Luton footpaths from closure
17 April 2008

Beech Hill footpath                                  Photo: Mike Clarke

We have objected to plans to close two valuable footpaths in Luton. Luton Borough Council has made official orders to close the Beech Hill Path and Strathmore Avenue footpaths. Both provide traffic-free, useful short cuts for walkers.


Says our general secretary, Kate Ashbrook: ‘The only grounds on which Luton Council can close these paths are that they are not needed for public use. That is ridiculous when both provide such a vital facility for walkers. Unfortunately the council has allowed both footpaths to deteriorate into a deplorable state, contrary to its legal duty as the highway authority to keep paths open and protect the public’s rights to use them. The Beech Hill Path footpath, which provides a direct and useful link between Dunstable Road and Ash Road, and to Beech Hill Community Primary School, has been illegally blocked by a fence at each end. Meanwhile, the Strathmore Avenue footpath, which is a straight route between Seymour Road and Strathmore Avenue, is full of rubbish and vegetation. So people are being denied valuable walking opportunities in the town, due to the council’s neglect of its duties. Obviously if these paths were cleared, and made inviting to the public, people would use them,’ Kate argues.

Strathmore Avenue footpath
Photo: Mike Clarke

‘The council complains that the routes are “being used for criminal and nuisance behaviour”, but that is because bona fide members of the public are prevented from using them. If they could do so, they would be a significant deterrent to potential criminals. Furthermore the council has failed to ensure that notices of the proposed closures are correctly displayed on site, so most Luton residents will be ignorant of what they may be losing.

Fortunately, the Open Spaces Society and the Bedfordshire Rights of Way Association have objected to the plans, so the paths will not be closed without a fight,’ Kate concludes.
 

 

 

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‘Lungs of the community’ saved in Sketty

17 April 2008

New green at Bishop’s Grove
Photo: Christina Sumner

A vital open space, at Bishop’s Grove in Sketty, west Swansea, has been registered as a village green and thus saved from development. Local people gathered evidence that the land had been used freely for informal recreation, for 20 years, and submitted this to Swansea Council. The council’s planning control committee approved the application on 1 April. There were no objections.

The society helped the residents in their claim. Says Kate Ashbrook: ‘This is a wonderful outcome. Because the land belongs to Swansea Council, local people feared it might be sold for development. Now it is safe for ever. We congratulate the residents on their valiant efforts. They have set an example to us all.’

Says Christina Sumner of Bishop’s Grove, who was involved with the application: ‘This open space is the lungs of our community. We are thrilled to have saved it. It is so important to keep green spaces free of development. It was a long struggle—it took us about two years, but we got there in the end. We should like to thank everyone who helped us, and to encourage other communities to register their open spaces as greens.’

The applicants submitted 96 forms giving evidence of the community’s use of the land for activities such as dog walking, playing with children, football, cricket and general recreation. Andrew Davies AM also wrote in support of the application.
 

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Caversham bridleway protected
9 April 2007


Plans to erect two dwellings adjacent to Gravel Hill Cottages, on Blagrave Lane, Caversham, have been rejected by Reading Borough Council. The society objected because the access to the dwellings would be from Upper Warren Avenue, with the upgrading of an existing track. That track is a public bridleway. The proposed development would have led to vehicular use of a quiet bridleway which is currently enjoyed by walkers and riders, destroying their peace and putting them at risk.

We pointed out to Reading Borough Council that it is also the highway authority, with a duty to assert and protect the rights of the public to the use and enjoyment of the bridleway. We said that the public use of the bridleway should outweigh any private use in relation to the proposed new development.

We were delighted when the council’s officers swiftly rejected the application, ensuring that this lovely corner of Caversham remains unsullied, and people’s enjoyment of the bridleway can continue undisturbed by vehicles.
 

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Brixham's Wishings Field Saved
9 April 2008


Plans by Millwood Homes to build 48 houses on Brixham’s Wishings Field in south Devon have been rejected by Torbay Council’s planning committee.

Says our general secretary Kate Ashbrook: ‘The proposed development would have destroyed this lovely open space, which local people hope to register as a village green. It also would have smothered the route of footpath BX9 which crosses the site. This is a crucial play space for local people. We are overjoyed that it has been saved from desecration,’ Kate declares.
 

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‘Menacing’ turbines on Mynydd y Betws Common
9 April 2008

                                  Photo: Carl Ryan - Professional Photographer

A public inquiry will be held into an application for 16 wind-turbines with associated works on Mynydd y Betws Common, north-east of Ammanford in Carmarthenshire.

Says Kate Ashbrook, our general secretary: ‘The 16 wind turbines, marching menacingly along the whole length of this upland common, would be a severe eyesore on the beautiful landscape of this area. The turbines and their associated paraphernalia would destroy one of the last wildernesses of this part of Carmarthenshire. The Welsh Assembly Government, recognising that this is a beautiful and sensitive site, has called in the planning application for turbines,’ Kate explains.

‘In addition, because the mountain is common land, the developers, ECO 2 Ltd, need the consent of the National Assembly for Wales for works here.(1) They also need consent to swap the common land for another area of land.(2) So this is a three-pronged public inquiry, into the applications for planning consent, works on common land, and exchange of common land. We have objected to all three and have sent our submission to the inspector, Mr Stuart Barnard Wild. In order to grant consent for works on the common, the inspector must be satisfied that they are of “benefit to the neighbourhood”. That is impossible when the development would destroy the beauty of this wonderful common, and people’s enjoyment of it. They would interfere with the public’s rights to walk over every part of this common, and with the enjoyment of riders and cyclists too. ECO 2 propose to swap 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,’ Kate argues.

‘The impact on 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 public inquiry inspector to reject these damaging proposals, and all three applications,’ Kate concludes.

1. Any development on common land, which prevents or impedes access, must have the consent of the National Assembly for Wales under section 194 of the Law of Property Act 1925, otherwise it is unlawful.

2. 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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The gateway to Bristol

7 April 2008

We are fighting plans to move the footpath which crosses downland at South Purdown, on the north-east side of Bristol, to make way for sports pitches. Bristol City Council has made a legal order, under the Town and Country Planning Act 1990, to move the path.

Landscape feature, which could be endangered by rerouting of public footpath at South Purdown.                   Photo: Sue Flint.

Says Kate Ashbrook, our general secretary: ‘This is a wonderful open space—the gateway to Bristol. The existing path commands wide views over the city. The proposed new route is on lower ground and is inferior. Furthermore, using the proposed new route people would trample on a fascinating landscape feature of old banks, connected with nearby Heath House. The path would be diverted to cross this, which could put it at risk. Bristol City Council’s archaeologists consider that the feature should be protected. We are in any case opposed to this lovely open space being desecrated by sports pitches but, unfortunately, the council has granted planning permission for them. At the very least, we’d like the existing footpath to be preserved on its current route, so that walkers can continue to enjoy the extensive views from it,’ Kate concludes.
 

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Brixham's Wishings Field

7 April 2008

We are opposing plans by Millwood homes to build 48 houses on Brixham’s Wishings Field in south Devon. The site is currently open land.

Says Kate Ashbrook, our society’s general secretary: ‘The proposed development will require that the route of footpath BX9, which crosses the site, is moved to run between the houses. The development will convert a lovely rural route, with beautiful views, into a suburban path, skulking between houses. We have urged Torbay Council to reject the plans to destroy this site,’ Kate declares.
 

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Councillors’ ‘deplorable decision’ threatens South Hams heritage
20 March 2008

Green lane at Coarsewell, south Devon, in danger of abuse from motorbikes

South Hams District Council’s Development Control Committee on 19 March granted permanent planning permission for motorbike training at Wheeldon Farm, near Halwell in south Devon, which will have a detrimental effect on the district’s green lanes. A significant part of Wheeldon’s business is taking groups of bikers on green lanes. The society had objected.

Says our general secretary, Kate Ashbrook: ‘There were 81 objectors to the proposal. They were concerned about the effect of the application on the peace and tranquillity of this designated Area of Outstanding Natural Beauty. The development is certain to lead to greater use by motorbikes of the unique and historic green lanes of South Devon—a vital element of the district’s heritage. We are dismayed that most councillors paid scant regard to the special qualities of this lovely area. They rejected the officers’ recommendation that the permission should be for five years only, and ruled that it be permanent. Local residents will be closely monitoring the use of the green lanes by Wheeldon bikers and will report any abuse to the council,’ Kate concludes.
 

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Blockage on Brixham footpath

20 March 2008

We have called on Torbay Council to remove a six-foot-high fence which is blocking a public footpath across the former Dolphin Camp at Brixham in Devon. The fence has been erected by Milwood Homes who are developing the site. The path, which is blocked by the fence and other obstructions, has been claimed as a public footpath by Brixham residents backed by the Open Spaces Society.

Says Kate Ashbrook, our general secretary: ‘We deplore the obstruction of this important footpath. Although the route is not yet on the official map of public paths, local members of the society have gathered sufficient evidence to show that it is a public highway. We believe that the obstruction is therefore unlawful, and we have asked Torbay Council, which has a duty to keep public paths open for public use, to ensure the fence is removed at once and the path is kept clear of obstruction at all times.’
 

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Yeovil Rec supporters vote to go for a green

18 March 2008

Jackie Martin, Marie Botham, Kate Ashbrook and Ashley Strelling at the campaign meeting

At a popular public meeting on Wednesday night (12 March), supporters of the campaign to save Yeovil Rec voted overwhelmingly to go for a green, in a bid to save their open space from the Sports Zone development.

Our general secretary, Kate Ashbrook, was guest speaker at the meeting. She said: ‘If the Rec can be registered as a town green, it will be protected from development for ever. The Save Yeovil Rec campaigners will shortly be submitting their application for green status, having gathered evidence from local people of their free use of the land for informal recreation for more than 20 years, without being stopped or asking permission. With the society’s help, there is a good chance that at least part of the land can be registered’

The 100-plus supporters present also heard Councillor Mrs Marie Botham, Sir Ian’s mother, tell of Ian’s boyhood practising cricket on the Rec. ‘I don’t know what we’d have done without the Rec,’ she said.

During the question session, supporters expressed strong views about the need to protect their space. Seventy-five-year-old Robert Woolridge from Alastair Drive, who has known Yeovil Rec since 1939, said: ‘I’m surprised and disgusted that we’ve got to fight so hard for what is ours.’

Mrs Jane Bayliss, a child-care professional, said: ‘An important part of my job is to ensure that children get out every day into the fresh air. Many people can’t afford to go further afield to enjoy the outdoors. Yeovil Rec is there on their doorstep, and is ideal for families to enjoy. There, children can play and learn in safety. It’s a wonderful educational resource. But if it is built on, it won’t be outdoors any more.’

Comments Jackie Martin of Save Yeovil Rec: ‘This meeting has been very encouraging. People have been fired up to support us. It’s good to know that so many people care.’
 

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Open Spaces chief to speak at ‘Save Yeovil Rec’ public meeting
11 March 2008

Kate Ashbrook is to speak at a public meeting of the Save Yeovil Rec campaign in Yeovil, south Somerset, tonight (12 March).(1)

Says Kate: ‘Yeovil is hugely lucky to have such an extensive open space near the heart of the town. Residents of countless other towns must be green with envy that Yeovil is blessed in this way. It is outrageous that South Somerset district councillors want to destroy this unique asset by building the Sports Zone here, making it into yet another suburban sports ground and destroying the beauty and freedom which Yeovil rec offers to the public. The rec is greatly used and enjoyed for a variety of purposes: walking the dog, cycling, kicking a ball around, bird watching, or just meeting for a chat. It is a social hub. The Open Spaces Society exists to help groups such as Save Yeovil Rec to protect their spaces for public benefit. We shall do all we can to ensure that this extensive area is secured for quiet public enjoyment,’ Kate declares.

1. The meeting is to be held at 7.30pm on Wednesday 12 March 2008 at Elim Pentecostal Church, Southville, Yeovil. The other speaker is Mrs Marie Botham, Yeovil resident, parish councillor and mother of Sir Ian Botham. There will be an opportunity to ask questions and enter the debate.

 

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We fight plans to move path on Northwick Park golf course
7 March 2008


 

We have sent a strong objection to plans by Brent Council to move the public footpath which crosses the prestigious Northwick Park golf course. Brent has published plans to move the path, which runs in a direct route across the golf-course, to an inferior, circuitous route.

Says Kate Ashbrook, the society’s general secretary: ‘This footpath is a public highway, just like any road, and people have the right to walk it. But the council is trying to move it because Playgolf, which leases the golf course from the council, has made the existing route unusable. Not only has Playgolf blocked the path with fencing, but it has placed the driving range across it so that walkers literally risk their lives when using the path. There is a notice warning the public that they enter the driving range at their own risk. Yet it is illegal to block a public footpath,’ Kate explains.

 

‘Brent Council should require Playgolf to re-site the driving range and remove the fencing. Instead, it wants to move the path to an inferior route. However, there are serious and detailed objections to this so there will be a public inquiry. The council tried this before with a similar footpath diversion, and a public inquiry was held in 2006, but its proposals were thrown out by the inspector, primarily on grounds of public safety. The council claims already to have spent £25,000 on this path, with no result, and estimates that its latest plans to move it will cost another £10,000 in legal fees. What a waste of public money, when it could take legal action against Playgolf to require it to put the path right, and recoup its costs. The council and Playgolf have even had the audacity to request walkers entering the golf course on the footpath to ring a bell to warn golfers that they want to cross the course. It should be the golfers who ring the bell—the walkers have the right of way not the golfers. We shall fight this path diversion, and continue to press for the existing way to be reinstated so that the public may walk it safely,’ Kate concludes.
 

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Threat to Tooting Bec Common
13 February 2008


We are backing campaigners against twelve floodlit, five-a-side, fenced football pitches on Tooting Bec Common in south west London. We wrote to Wandsworth’s director of leisure and amenity services, Mr Peter Brennan, on 8 January and have not even had the courtesy of a reply.

We said that we strongly oppose the use of Tooting Bec Common for football pitches, which will be fenced and therefore not accessible to the public. They will both suburbanise the common and reduce people’s freedom to enjoy this wonderful oasis.

The council is proposing to swap part of the common for the Woodfield Recreation Ground. We have pointed out that this is not a fair exchange since the recreation ground is already used as a public open space.

We have reminded the council that this ‘exchange’ would require the Secretary of State’s consent under the Greater London Open Spaces Act 1967.(1) We believe the Secretary of State would be unlikely to grant consent when the recreation ground is already accessible to the public.

We shall help local campaigners to fight the scheme, and shall ensure that the council follows the proper legal processes.

1. The full reference to this provision is article 12 of the schedule to the Ministry of housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967.
 

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House building blocks Basingstoke footpath
12 February 2008

The building site and footpath diversion    Photo: David Ramm

We were dismayed to discover that developers are building a brand-new house smack on top of a public footpath, at Old Kempshott Lane, on the west side of Basingstoke in Hampshire. The popular footpath leads from the community of Buckskin out to Worting and is in constant use from local residents, including dog-walkers.

Says Kate Ashbrook, our general secretary: ‘It is outrageous that the developers, Barratt and Persimmon Homes, should be building a house on top of this public footpath. They must have known the path was there. Persimmon Homes hopes to sell this house, but clearly the foundations must be removed at once, and the path surface reinstated.’

Adds our local correspondent Dave Ramm: ‘I have reported this blunder to the county and district councils, who have a duty to take swift action to ensure the developers restore the route. It is now illegally obstructed by fencing and its surface has been destroyed. We are grateful to the vigilant local residents for alerting us to this terrible mistake.’
 

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Village-Green claim at Waterfoot
11 February 2008

                                              Photo: Roger Thomson

Waterfoot Residents’ Association in Rossendale, Lancashire, has applied for green-belt open space, south of Booth Road at Waterfoot, to be registered as a village green. The residents’ association has recently submitted its claim to Lancashire County Council. If registered, the land will be protected from development. At present it is threatened by Lancashire County Council’s plan to build a replacement for Waterfoot Primary School here.

Says our case officer, Nicola Hodgson: ‘This green space is valuable to the local community for informal recreation. It commands impressive views across to the surrounding hills. People visit it for quiet recreation. We sincerely hope that the Residents’ Association succeeds in its efforts to get the land registered as a green, and thus secured, for local people to enjoy, for ever.’
 

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We join battle to save The Braid

7 February 2008

We have thrown our weight behind the battle to save The Braid, at Amble in Northumberland, from desecration by an access road to a proposed new supermarket. The society has objected to the planning application from Northumberland Estates to build on land adjoining The Braid, with an access road across it. Alnwick District Council has received many objections to the plans.

The Braid                                       Photo: Stan Gater

Says Kate Ashbrook, our general secretary: ‘The Braid is just the sort of open space which should be preserved for the community. It is a much-loved and enjoyed area, where people can wander peacefully and appreciate the fresh air and scenery. We are dismayed that it is threatened by a road, with its garish lighting, which will suburbanise it and destroy its tranquillity. We are delighted that local residents have submitted an application for the land to be registered as a village green. If they succeed The Braid will be protected for ever from development. We consider that it would be foolhardy of the Northumberland Estates to proceed with their plans until they know the outcome of the green application. We fully support local people in their battle to save The Braid and shall be pleased to help them with their application for a green.’


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Why the secrecy?
5 February 2008


A controversial planning application in South Devon looks set to be decided by just two district councillors behind closed doors, rather than being debated and voted on in public by the planning committee of 21 councillors.

The planning application, for an off-road motorbiking centre at Wheeldon Farm, near Totnes, in the protected landscape of the South Devon Area of Outstanding Natural Beauty (AONB), has provoked more than 70 letters of objection to South Hams District Council (SHDC). Most are from local residents concerned about the noise from the motorbikes and their use of South Devon’s famous network of ‘green lanes’ – ancient trackways much used by walkers and horse-riders. Many objectors are now wondering what SHDC is trying to hide.

National and local conservation organisations have also objected to the application. The Open Spaces Society has joined with the Campaign to Protect Rural England (CPRE) and the Devon Conservation Forum, which represents conservation organisations across Devon, in calling on SHDC to take the application to its Development Control Committee so that it can be decided in an open, transparent and democratic way.

Says our general secretary, Kate Ashbrook: ‘It is unbelievable that SHDC thinks it can decide this highly controversial application in secret. The effect of the Wheeldon development would be to shatter the tranquillity of the beautiful South Hams countryside, with the roar and whine of motorbikes tearing up and down narrow green lanes, endangering walkers and horse-riders.’

The chairman of the Plymouth and South Hams branch of the CPRE, Robin Hogg, says: ‘There is an important matter of principle here. These contentious decisions should be taken in the open and not behind closed doors. SHDC’s policy has long been to send controversial planning applications to the full Development Control Committee. This is just such a controversial case and environmental concerns need to be weighed against the application in open forum.’

Phillip Ward-Green, chairman of the Devon Conservation Forum, says: ‘This application is contrary to a whole raft of planning policies, and yet the planners appear ready, without any debate, to approve this damaging development in the most environmentally-protected area in the South Hams. It would be a serious derogation of duty by the district council if this application was decided by just one or two councillors and not taken to full committee.’
 

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‘Last field’ is saved
1 February 2008

The threatened land is to the left of the picture on the clifftop; the Pegwell Bay Hotel is in the background.
               
Photo: Christopher Randall

Thanet District Council has rejected plans to construct a car park on land adjacent to the Pegwell Bay Hotel, near Ramsgate in east Kent. The council refused planning permission because the car park’s hard surfacing, CCTV, cameras and lighting, with the additional vehicular activity, would have a severely harmful impact on the character and appearance of the conservation area, while being an unacceptable development in the countryside. We backed our member the Pegwell and District Association in opposing the plan.

Says Kate Ashbrook, our general secretary: ‘This is a wonderful outcome. The site of the proposed car park is the last green field remaining on the coast between Pegwell and Cliffsend village. The popular Thanet Coastal Path, a long-distance footpath, runs along the edge of it and walkers enjoy wide open views across the bay. ‘It is important to people who seek peace and tranquillity, and of particular interest for bird watchers and geologists. The car park would have destroyed this unique experience and suburbanised this last stretch of countryside. We congratulate Thanet District Council in rejecting this pernicious plan, and the Pegwell and District Association for its vigilance and persistence in protecting this precious area.
 



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Wokingham drops plan to close popular path

1 February 2008

The saved path                                    Photo: David Ramm

Wokingham Borough Council has dropped its plan to bar the public from walking between Lysander Close and the Tesco store and other facilities in Woodley, Reading. The council had intended to make a ‘gating order’ to allow it to erect a locked gate across the end of Lysander Close.

Says our general secretary, Kate Ashbrook: ‘The council could only make such an order on the grounds that the presence of the route was causing “the persistent commission of criminal offences or anti-social behaviour” and that these would be reduced if the path was gated.We asked Thames Valley Police’s Neighbourhood Specialist Officer, Jen Banfield, how many incidents of crime and anti-social behaviour had been reported in Lysander Close over the past year. She replied that there had been none. So, clearly, there were no legitimate grounds for closing this route. We are pleased that Wokingham has seen sense. We believe it is one of the few councils not to proceed with a gating order after consultation—too many councils are making the orders when the grounds aren’t justified,’ Kate argues.

 

Adds local member Dave Ramm: ‘This closure would have caused serious inconvenience and danger to a large number of people. The route is popular, providing a traffic-free short cut to the Loddon Vale Centre, primary school, shops, church and doctors’ surgery. The alternative route was on a narrow pavement alongside the main road, then through the car park. This is a victory for common sense and the community,’ Dave declares.

The local paper broadcasts the threat (October 2007)            Photo: David Ramm
 


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Betws Mountain colliery threat
29 January 2008


Bryn Bach Coal has applied to extend the Cwm Yr Onen colliery on 8.4 hectares of common land, at Betws Mountain, north-east of Ammanford in Carmarthenshire. We have objected. The application comes hot on the heels of one for 16 wind turbines here. There are many graziers whose rights will be impaired by the development.

Says our general secretary, Kate Ashbrook: ‘The colliery’s environmental statement fails to mention that this common is also access land, and that the public has the right to walk on every part of it. The mountain is an important area for public recreation, where people may walk unrestrained, enjoying the fine views and the feeling of freedom. The applicants claim that the visual impact of the development on walkers using the St Illtyds Walk footpath, which passes to the north of the site, “will be minor and temporary”. We disagree. ‘Moreover, they have not considered the effect on those who are exercising their rights to roam freely here. The public’s enjoyment of this area will be prevented until the restoration has occurred, which is at least seven years away. We have therefore called for the application to be rejected,’ Kate concludes.
 

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Playground on Roughton Common needs special permission

29 January 2008

Roughton Parish Council in north Norfolk needs to seek permission for the playground which has been built on the common without the Secretary of State’s consent. At present, the playground could be unlawful.

Says Kate Ashbrook, our general secretary: ‘Before anyone erects works on common land, he needs the consent of the Secretary of State for Environment, Food and Rural Affairs, under section 38 of the Commons Act 2006, in addition to any other consents, such as planning permission. This is because common land is recognised as being special for a range of interests. Indeed, on Roughton Common the public has the right to walk and ride.’

Roughton Parish Council has applied for the Secretary of State’s consent for the fencing to surround the playground, but not for the playground itself, which has already been built.

Says Kate: ‘The society is not at this stage commenting on the merits of the playground, we are simply informing the parish council that it needs consent. Parish councils should set an example to the community and should certainly act within the law. Even if the council was ignorant of commons law, now it knows what the law says, it should follow it. If works are erected without consent, any member of the public may apply to the court for an order for their removal. The society would not wish to have to go this far at Roughton, and we trust the council will follow the procedures. However, the council did know the procedures in 1996. It applied then for consent for a playground on the common, and withdrew the application because of opposition from residents. Furthermore, we wrote to the council on 16 October 2007, before the playground was built, seeking an assurance that it would first seek consent. Unfortunately, the council went ahead with the construction. It is not too late to put things right. The council should legitimise the playground by seeking consent for works on the common,’ Kate argues.
 

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Time to say no to Festival path-closure
29 January 2008


The society has called on Wokingham Borough Council to reject the application from Henley Festival to close the Thames Path National Trail, for an unprecedented 145 hours during this year’s festival.

Kate Ashbrook, our general secretary, says: ‘The Thames Path National Trail is of international importance and, to many, the Henley stretch is the jewel in its crown.’ The request to refuse the closure follows a meeting held by Wokingham Borough Council on 10 January, between the objectors (the Open Spaces Society and Remenham Parish Council) and the Festival. The meeting was held because of objections from the Open Spaces Society that there had never been consultation about the festival’s annual bid to close the path.

At the meeting, the issues remained unresolved and now the council’s executive will consider the application for closure at its meeting on Thursday 31 January.

Kate Ashbrook continues: ‘The Festival claimed that it was impossible to hold the Festival without closing the path, but of course the path was there long before the Festival. If it had to proceed without moving the path, it would find a way. Even if the council feels it is too late to avoid closing the path this year, it should give a clear message that it requires the Festival to make its application much earlier for next year’s event; and the council must carry out a full, independent examination of how the path could remain open, by realigning the Festival activities or altering the scale of the event. It should not just accept the Festival’s word that this vital route should be closed for many days,’ says Kate.
 

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Development at the Bugle Inn
23 January 2008


We are helping our member Twyford Parish Council to resist redevelopment around the Bugle Inn in Twyford, near Winchester in Hampshire.

The owner of the site, Crusader Pubs Ltd, has obtained planning permission to develop the frontage of the former pub into four houses. However, this will involve building over part of the road through Twyford, which is a public highway.

Says Kate Ashbrook, our general secretary: ‘It is illegal to take part of the highway without there being a legal process to stop up or move that highway. Not only do vehicles have the right to use it, but so do walkers and riders, who will be greatly inconvenienced. The development will also take an area of open space which has long been enjoyed by the public.

‘We have not received any formal proposal to stop up part of the highway here. The parish council is also pressing Hampshire County Council to accept that some of the land is a public right of way. It has evidence of vehicular and pedestrian use dating back to the 1800s. So with a two-pronged approach, we hope to prevent this development taking place on public land.
 

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Byway bid at Longparish Mill
23 January 2008

 

The ford over the River Test on the claimed byway.  Photo: Alan High

Our member Alan High has applied to add a byway at Longparish, near Andover in Hampshire, to the definitive (official) map of public paths.  The route is at Upper Mill, Longparish.  It runs from the lane leading to the Mill Yard, then passes through the River Test some metres downstream from the Mill to join the lane on the other side of the river.  Mr High has produced evidence that the route was in public use when the Mill was working.

 

Hampshire County Council, the highway authority, refused to accept the byway claim, but this was overturned, on appeal, by an inspector appointed by the Secretary of State for Environment, Food and Rural Affairs, who believed that there was a case for the route.  Hampshire County Council has therefore been directed to make an official order to add the byway to the definitive map.  The order has been published, but there is likely to be a public inquiry to resolve the matter, since the county council itself is opposing the claim.

 

Says Kate Ashbrook, our general secretary: ‘We believe that Mr High has got it right, and that the route should be shown on the definitive map as a byway open to all traffic.  He has demonstrated that the path was shown as a public highway on the important 1929 “handover map”,(1) and subsequently on the county council’s second edition of the official map of public rights of way in 1957. 

 

The claimed byway leading to the ford.  Photo:  Alan High

‘The route mysteriously disappeared from subsequent editions of the official map, although there was no official closure or diversion order.  We believe it should still be shown on the map.  After the Mill had deteriorated the owner allowed the public to pass through the Mill Yard and to cross the river via his private, brick, bridge.  This then became the preferred way of crossing the River Test.  However, the route through the ford was never closed by legal event and remained available for use by the public as an alternative crossing point until 1994/5.  At this time the route was closed to allow the brick bridge to be repaired and was never reopened.

 

‘We hope that local people will support the claim to restore this route, and will write to Hampshire County Council’s chief executive at The Castle Winchester SO23 8UJ.  They have until 1 February to do so.  The Open Spaces Society will certainly give what help we can to this important venture,’ Kate concludes.


 1.   (1) The 1929 ‘handover’ map was believed to have been prepared by the surveyor of Andover Rural District Council, when responsibility for the maintenance of rural roads was transferred from the district councils to the county council.  The 1949 National Parks and Access to the Countryside Act required all highway authorities to prepare official (definitive) maps of public rights of way.  The authorities used the handover maps, among other documents and evidence, to prepare these definitive maps.
 

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Intrusions in North Devon landscape
17 January 2008

We have submitted hard-hitting objections to two applications for wind turbines in a beautiful part of north Devon. Airtricity Developments has applied for nine turbines on an area knows as Three Moors, north of Knowstone in North Devon District, while Coronation Power wants four turbines at Bickham Moor, near Oakford in Mid Devon District.

Says Kate Ashbrook, our general secretary: ‘We are dismayed that the wind-energy companies keep applying to erect turbines in this part of north Devon. There are already two outstanding applications nearby, at Batsworthy Cross and Cross Moor. If all were to be allowed, there would be 25 turbines, surrounding the southern fringes of the Exmoor National Park.  These turbines will be visible from the hills around and, in particular, from the popular southern hills of Exmoor, an area of immense natural beauty. The paraphernalia that accompanies the turbines will also be an eyesore.

‘The development will be seen from the Two Moors Way, a much-used long-distance path. People’s enjoyment of this area will be severely impaired,’ Kate argues.  This tranquil, unspoilt area of north Devon cannot accommodate such an intrusion. Its intimate character will be destroyed. Moreover, this development is bound to have an adverse effect on the tourist industry, on which the area depends.

‘There are a large number of objections to both applic