Fierce Fens village dispute over contested ditch trail

Yet sparks are flying in west Norfolk over just such a path, with villagers pitched against council officers and horseriding activists.

A fractious public inquiry was held on October 29 in an attempt to establish whether the trail, known as Smeeth Bank, should be registered as a restricted byway.

The 5k track runs along Smeeth Lode, a man-made waterway and drain stretching between the villages of St John's Fen End and Emneth.

It has already become a dramatic point of contention with concrete barriers, oil drums and even barbed wire erected at points along the way by landowners and farmers. 

This follows complaints that motorbikes and other vehicles have been using the track illegally and that fly-tipping and vandalism is rife.

The 5km route runs along Smeeth Lode between St John's Fen End, passing through Marshland St James before reaching Smeeth Road to the north of Emneth (Image: Google)

The British Horse Society is fighting to get the path fully reopened, claiming there is a large body of evidence, such as historic maps, showing it has been used as a public right of way since the 1800s.

But villagers have warned that reinstating it could lead to a crime wave that will threaten to destroy the beauty of the waterside route.

The dispute culminated in a public inquiry at Marshland Hall, near Wisbech, with planning inspector Mark Yates presiding over the case.

If the route is approved as a public path the concrete barriers will likely be removed and walkers, hikers, horseriders and cyclists will be able to use it. Motorised vehicles will still be banned.

READ MORE: Broads footpaths disappearing due to floods

Villagers and government officials gathered at Marshland Hall for a public inquiry to decide the fate of the Smeeth Bank path (Image: NCC)

CRIME CONCERNS

Objector and local landowner Steven Niemiec attempted to persuade the inspector that there is no evidence the route is a public path, claiming it is instead just a bank which has coincidentally been used by various walkers and riders.

The King's Lynn Internal Drainage Board had also attempted to block the path from being a right of way, worrying it would hamper its work to maintain the waterway. However, it has since retracted this.

The discussions saw frequent outbursts from the public gallery, with people worrying about the repercussions of the route reopening.

READ MORE: Village at war over 600m path to 'hidden gem' of the Norfolk Broads

The entrance to the Smeeth Bank path from Smeeth Road (Image: Google)

One concerned landowner said: "My family has maintained this path since the 1840s.

"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 added: "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."

Steve Niemic submitted a photograph of a van attempting to enter Smeeth Lode, as evidence that vehicles frequently attempt to use the route (Image: Steve Niemic)

Mr Yates repeatedly tried to explain that while he understood the antisocial behaviour concerns, he could not consider these matters as it did not relate to specifically to the issue of whether the route has been used historically as a public right of way.

"These issues have no relevance to my decision," he said.

"That is how the law is. If I were to say the path can't be used due to antisocial behaviour(...)I will find myself in the high court.

"We need to put an end to all of this, we are wasting time."

There were calls for gates to be erected and other means for the route to be blocked to stop vehicles travelling on it.

However, legally restricted byways cannot be gated in this way.

Smeeth Lode acts as a drain and flows to a pumping station, where it is pumped into the River Great Ouse (pictured) (Image: Newsquest)

ROUTE ROW

Mr Niemic disputed the evidence put forward throughout, including several different maps published over two centuries.

He contends that these maps only show that the waterway was in existence, not that this has been used as a right of way.

He called the evidence "hearsay".

However, Norfolk County Council officer Kathryn Webb said that the authority believes there are numerous sources proving the route has existed as a highway since the 1800s.

Helen Chester, of the British Horse Society's access team, claimed that many horse riders already currently ride the length of the route but have to navigate obstructions.

Following the public inquiry, the inspector will consider all the evidence presented to him and will make a decision in the coming weeks.