Dispute Over Access to Remote Fenland Trail

A significant disagreement has emerged concerning a path alongside a ditch in a secluded area of the Fens, pitting horse riders against landowners. Farmers have obstructed parts of Smeeth Bank, a 5km (3.1-mile) track situated near Marshland St James in west Norfolk, citing concerns about illegal dumping and disruptive behaviour. A recent public inquiry, conducted in Wisbech, aimed to ascertain whether the trail should be officially registered as a restricted by-way and subsequently reopened. The British Horse Society is actively campaigning for the complete reopening of the path, asserting that evidence exists of its continuous use as a public right of way since the 1800s. The track follows Smeeth Lode, an artificial waterway and drainage channel that extends between the villages of St John’s Fen End and Emneth. If the route gains approval as a public path, the concrete barriers would be removed, granting unrestricted access to walkers, hikers, horse riders, and cyclists. Motorised vehicles, however, would remain prohibited. Steven Niemiec, a local landowner and objector, sought to convince a planning inspector at the inquiry that there was no substantiation for the route being a public path. Another individual testified at the inquiry that their family had maintained the path since the 1840s, adding: “Opening up this route will lead to fly-tipping, hare coursing and the path being destroyed by vehicles and it will be me who has to clear it up.” Mr Niemic further stated: “There are grave concerns that once you open it up and remove barriers… it will become trashed and nobody will be able to use it.” Planning inspector Mark Yates repeatedly informed the gathering that issues of antisocial behaviour were not specifically relevant to whether the route had historically served as a public right of way. “That is how the law is,” he said. “If I were to say the path can’t be used due to antisocial behaviour(…)I will find myself in the high court.” He concluded, “We need to put an end to all of this, we are wasting time.” Proposals were made for the installation of gates and other methods to block the route, thereby preventing vehicle access. However, legally restricted byways cannot be gated in this manner. Helen Chester, from the British Horse Society’s access team, claimed that many horse riders who utilize the route are forced to navigate around obstructions. Mr Niemic argued that maps published over two centuries only confirmed the existence of the waterway, not its status as a right of way, dismissing the evidence as “hearsay”. Conversely, Kathryn Webb, an officer with Norfolk County Council, indicated that the authority believed numerous sources demonstrated the route’s existence as a highway since the 1800s. The planning inspector is expected to render a decision in the coming weeks. For updates on Norfolk news, follow BBC Sounds, Facebook, Instagram, and X. Copyright 2024 BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking.