Attacks continue on historic local rights

Up and down the country, historic parks and rights of way are threatened with closure, either permanently or temporarily, for a amazing range of reasons. Manchester City Council wanted to close a 1,200 year old path in Rusholme known as 'Dead Entry' because they believed it was responsible for high levels of crime in the properties adjoining the footpath. Local protesters saw the city council's proposal 'as a blueprint for (closing) hundreds of other paths in the city' because they see a link between paths and crime'. Fortunately, they were able to force a public enquiry and the city council lost, but, if experience is anything to go by, they will now try to do the same thing somewhere else.

At the beginning of April 2006 the government gave local councils the power to make 'Gating Orders (to) prevent the public from using a highway, at all or specified times'. The council only has to be satisfied that premises adjacent to the highway are affected by crime or anti-social behaviour and that the existence of the highway is facilitating these offences. It is a claim that many property owners are likely to make if they end up having sole use of something which should be a public right of way. Councils will have to consider any objections made and if an inquiry is held, there is no requirement for there to be an independent inspector.

In Nottingham, the private Park Estate has erected a wrought-iron fence and gate across the road linking it to the adjoining Lenton area, because it does not like residents, especially students, using the road though the estate as a short cut to the city centre. Whilst the gate remains in place, the city council is supporting Lenton residents and groups opposed to its being locked. Another historic footpath in nearby Old Basford has not been so lucky and has been closed off by local house owners without any opposition from the city council.

The organisers of the Henley Festival tried to close part of the Thames Path National Trail for seven days during July this year. The Open Spaces Society says 'The Henley Festival wanted to protect its own commercial interests at the expense of the public'. Faced with opposition from the OSS and other objectors, Festival organisers backed down and withdrew their application to close of the path.

A year ago in Local History Magazine (No.101, March/April 2005) we ran a lead news story, 'Parks for private hire', which reported on plans by the London Borough of Camden to permit private events and temporary structures in Lincoln's Inn Field for up to 12 weeks a year. Twelve months on, we can report that the House of Lords select committee considering the proposal has rejected the clause in the London Local Authorities Bill which would have allowed private use of Lincoln's Inn Field and has 'strongly advised users and residents to form a consultative body and engage in a dialogue with the (council) as to how the fields should be maintained and funded in future'.

Local historians and their societies, with their knowledge of the local landscape and historic sources, as well as the reminiscences of other residents, are ideally placed to help save public open space and pathways from being closed or developed and have a natural ally in the Open Spaces Society, which has been campaigning for our historic rights since 1865 and is Britain's oldest national conservation body. It is the natural ally of local history societies. Membership for local organisations costs just £40 for the first year, then £30 per annum thereafter. OSS knows the law and has the contacts. Societies have the local knowledge and the volunteers. For more information contact OSS, 25A Bell Street, Henley-on-Thames, Oxon RG9 2BA, tel: 01491 573535, email: hq@oss.org.uk, web: www.oss.org.uk.