Northumberland County Council's application for a modification order to add an Alnwick path to the Definitive Map and Statement has been rejected after a public inquiry.

The route runs between Clive Terrace and Howling Lane, cutting across what was Clive Nurseries. A dispute had erupted over whether the track was ever a right of way.

Support for making it an official footpath came from people who said they used to cross that stretch of land for years.

Objectors, though, have said that it was never a public right of way and that people who used it were, in fact, trespassing.


And following the inquiry, held in Alnwick's Northumberland Hall on Wednesday, November 19, inspector Barney Grimshaw ruled that the Order should not be confirmed.

It was said that for the route to be recognised as an official footpath, under Section 31 of the Highways Act 1980, it had to be shown that a way over the land had been used by the public as a right of way and without interruption for a full period of 20 years.

But Insp Grimshaw said: "Although there is a considerable amount of evidence of public use of the Order route over a lengthy period, there is also evidence of actions by landowners whichindicate their lack of intention to dedicate it as a public right of way.

"It is not possible in my view to identify a continuous period of 20 years. There is evidence of enough use to raise a presumption that the route had been dedicated as public footpath. There is not also sufficient evidence of the landowner's lack of intention so to dedicate it as to negate this presumption.

"In consequence, it cannot be presumed that the route has been dedicated as a public footpath in accordance with the provisions of the 1980 Act."

Currently the claimed route is obstructed by a high wall to the rear of properties in Clive Terrace and by recently constructed bungalows on the site of the former Clive Nurseries. But this did not affect the issue of whether a public right of way existed before the obstructions were put in place.

Arguments for the footpath included submissions that it had been used as a route since the 1920s and all but two people who gave evidence had used it for at least part of the 20 year period between 1981 and 2001.


It was also said most users walked that route frequently and in general, users were not obstructed or challenged when using the route.

However, the enquiry also heard how gates were in place at both the Howling Lane end and to the rear of the properties in Clive Terrace when the land was in use as a commercial nursery. While these gates were open during working hours a number of witnesses stated that the gates were locked at night time.

Protesters also said that a wrought iron gate leading into the former Clive Nurseries land was locked with a padlock and chain. The lock was continually broken but the landowner replaced it on occasions.