Gloucestershire right of way to stay open to public, court rules

Cheltenham Magistrates' Court found the track to be necessary for the public to use

A "precious" wooded track has been successfully protected from closure to the general public by campaigners.

An attempt by Gloucestershire County Council to halt public rights to Hanover Green Road, in Redmarley D'Abitot, has been blocked.

Cheltenham Magistrates' Court found the track to be "necessary" for the public to use.

The council made the application to overturn public rights at the request of a landowner.

Campaign groups the Ramblers, the Open Spaces Society, and the Trail Riders Fellowship jointly instructed lawyers to argue for the public case at court.

User groups were "disappointed and surprised" that Gloucestershire Highways made the application at all, in the face of evidence of use, unlawful obstructions, and requests to clear the obstructions.

Jack Cornish, head of paths at the Ramblers, said: "The route is an unspoiled wooded track within an ancient holloway.

'Clear message'

"Quiet footpath-type green roads like this are important for walking and other forms of recreation.

"This decision will ensure the route is there for future generations to enjoy."

Kate Ashbrook, general secretary of the Open Spaces Society, said she was "pleased" the court had recognised the heritage and value of the route, and of such highways in general.

She said it sent "a clear message to highway authorities and landowners that the unlawful obstruction of a highway cannot be used as an excuse to justify the stopping-up of the public's rights to use it".

"Unsurfaced roads are an important part of the recreational highway network, providing a means of access to the countryside for all. This is increasingly relevant to physical and mental well-being."

Gloucestershire County Council has accepted the court's decision.

"Although the county council's view was that this route was no longer warranted and had applied for it to be stopped-up, we accept the court's decision on this matter," a spokesperson said.

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