The blocked Wraxall footpath

The Open Spaces Society, guardians of rights of way and green areas, has scored victories in Somerset and Tyneside.

In the first, the OSS successfully fought against a land grab that would have meant a householder forcing a path diversion. North Somerset Council overturned its officer’s recommendation to move the right of way.

The landowner at Wraxall had incorporated a footpath into the property’s garden and erected high, locked, wooden gates. The blockage was reported to the council by the Ramblers’ Association four years ago, but the council took no action.

John Ives, a member of the OSS who dealt with the case, said: “The council and the landowner hoped to legitimise the obstruction by moving the route.

“We pointed out that this was contrary to the council’s enforcement policy which states that it will only consider an application to divert an obstructed route where an obstruction ‘is neither recent nor deliberate’. In this case we believed the obstruction to be both recent and deliberate.

“In addition, it was argued that the new route was longer, not as enjoyable and less convenient.”

This week, North Somerset Council’s public rights of way sub-committee overturned its officer’s recommendation and rejected the proposal.

‘We were delighted that the councillors unanimously rejected the proposal,” said Mr Ives.  “We now hope that the council will take enforcement action to ensure the illegal obstruction is removed and the path is put back onto its old, legal, line.

“We also hope that this decision will send a clear message to other landowners not to divert paths without permission, and to the highway authority to enforce its policies.”

In South Shields, the OSS welcomed the decision of South Tyneside Council to turn a historic riverside route into a byway.

Readheads Landing was blocked when gates were put up across it following a change of ownership of a nearby boat yard. South Tyneside Council has now made an order allowing the cobbled path, which leads to the waterfront, into a restricted byway. This would permit the passage of walkers, cyclists, horse riders and horse-drawn vehicles but not motor vehicles.

Kate Ashbrook, the society’s general secretary, said: “We are delighted that the council has made the order to add the path to the map. It is clearly of historical importance and interest and is still used today. It is part of South Shields’s maritime history.

“The path remained open until the adjoining boatyard changed hands and locked gates were erected. Yet this route was used and enjoyed by photographers, anglers, local historians and others who enjoy walking to and beside the river.

“The order can only be opposed on grounds of evidence, if someone can show that this is not a public highway. If there are no objections, the council can itself confirm the order and add the route to the map.  We look forward to that being done.”

If there are objections to the council’s plan, the matter will be referred to the Planning Inspectorate.

Meanwhile, the OSS expressed its dismay at the decision to allow a wall to be built across protected land in south Wales.

Kate Ashbrook: 'disappointing decision'

The Welsh Assembly Government gave approval for the wall, which replaces a fence, at Gwaun-Cae-Gurwen near Ammanford. The go-ahead was given despite objections from the society and the commoners’ association.

Ms Ashbrook said: “We objected to the application because common land should be protected for the benefit of all: the commoners who have the right to graze stock there, and the public who has a legal right to walk over the common.

“We consider the proposed wall would be of purely private benefit, with the effect that the enclosed land would be treated as private property, especially as Neath Port Talbot Council, which owns the common, has required the owners to buy the enclosed piece should they obtain consent for the wall.

“The decision to allow the wall in effect endorses the unlawful fence which was erected there without consent. At the very least the applicants should be required to give common land in exchange for the land which will, in practice, be taken out of the common.

“Unfortunately, Mr S M Jones, who determined the application on behalf of the environment minister, while agreeing with our view that the public should be able to enter the common at any point and that the wall would give the impression that the land was in private use, felt that the enclosure of the land would not impede access to the main body of the common nor unacceptably affect the public’s rights there.

“This is a disappointing decision. Commons are unique areas of ancient land and should be protected.”

Any fence, wall or other works must have the consent of the minister under the 1925 Law of Property Act.