Campaigners’ hopes rise in footpath battle

The 270-yard grassy path in Tadcaster, usually the scene of nothing more contentious than dog walking and children making their way to school, was blocked off last year.

But since then locals have waged a battle to prove it has been in continuous use for a number of years and should be classed as a public footpath.

Last year, Samuel Smith’s Old Brewery blocked off the path, which has been used by generations of Tadcaster residents as a walking route from the Grade II listed Tadcaster viaduct and Wighill Lane and linking to nearby Riverside School.

It had been hoped it would be converted into a new footpath and cycleway, with North Yorkshire County Council commissioning a heritage report at the cost of several thousands of pounds just prior to the closure.

This April, members of North Yorkshire County Council’s planning and regularity functions sub-committee backed an application for it to be re-opened as a public footpath and at present a public consultation is under way.

Campaigners yesterday hailed the public talks as a significant step forward but cautioned a decision could still be some way off because the long running battle may have to be decided by the Government.

A spokesman for the Ex-Barnardo’s Footpath Action Group said: “It means we have completed an important step in our attempt to have the footpath reopened.

“It has taken some time for us to achieve this stage and there may be some more time to go before we can see the footpath reopened,” he added.

Coun Roderic Parker, a member of Tadcaster Town Council, who says he has used the path since 1986, said: “There’s a lot of local feeling. I have used that footpath and I miss it and a lot of people use it and they miss it.”

He said the pathway was a “useful artery” for the town and said it gave access to the local school.

Members of the action group met with the brewery last year to ask it to reconsider its stance on the site, which was a former Barnardo’s children’s home. But they said that following the meeting they were told it was to be sealed off permanently.

Determined to try to get it reopened, residents set about proving it had been used for generations and earlier this year were successful in getting approval for a definitive map modification order, which would guarantee the route as a public right of way.

A public consultation is under way until December 5. If no objections are made, or if any are withdrawn, the county council has the powers to re-open the path. If, however, there are objections the matter will be referred to the Government.

More than 200 locals have signed statements to say that the footpath has been in use for generations.

Samuel Smith’s was unavailable for comment yesterday.

At April’s meeting, however, it was claimed that people had broken down fencing that had been put in place along the route by previous owners.

Neil Jacobi, of Peter Lyn and Partners Solicitors, representing the landowners, Wharfe Bank and Samuel Smith’s, spoke against the order at April’s meeting of the county council’s planning and regularity functions sub-committee.

Minutes from the meeting say he argued: “...the existing fences had been broken down by people continuing to use the route and considered that over the last 20 years people had to either break down or climb over the fences to obtain use of the route.

“He considered, therefore, that the route had not been used for the 20 year period without force or permission having to be given.”

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