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CROW Act and other national news stories
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
top of page
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
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| 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
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| 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
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|
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.
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| 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
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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
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| 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.
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| |
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
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| 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.
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|
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 |