Village green access dispute in Whorlton heads to court

BATTLE lines have been drawn in a bitter access dispute between a landowner and a parish council.
A public meeting heard how landowner Jill Carter is attempting to sue Whorlton and Westwick Parish Council for preventing access to the rear of Fernaville’s Rest pub.
Ms Carter won approval to build a three-home development on the site earlier this year.
But damage to the parish owned patch of green in front of the pub and fears of a parking crisis led to a backlash from villagers.
The parish council has blocked the right of way and councillors unanimously decided to fight their case in the civil courts at a meeting last Tuesday (October 11).
“The legal advice was, while not entirely clear, very much in our favour,” said Whorlton Parish Council chairman Cllr George Stastny.
“It’s an incredibly complicated set of affairs and there are ancient acts of parliament being called on.
“There will be more traffic and more damage to the green which already suffers – who is going to pay for upkeep? The theoretical side is that it’s possible we are not actually able to grant rights of access anyway.”
The GA Carter Ltd group, which also owns the pub, has also cried foul over a neighbour of the site losing their rights of access.
Two property sales are also reported to have been lost due to the impasse.
Villager and pub neighbour David Kinch told the parish council he was worried about costly consequences if the legal battle was not won.
“If you are sued and it costs you money it’s not your money – it belongs to the people of the whole parish,” he said.
“If you do get sued, and have to borrow money to continue running, you will have to increase the precept and you’re going to have to increase it a lot to pay it.”
Mr Kinch added the long access the landowners had may hold sway in court.
But parish clerk and trained lawyer Jonathan Dickinson said trespasses on the green while accessing the site had nullified the claim.
“It’s a criminal offence to drive a vehicle across the village green,” said Mr Dickinson.
“No parish council has granted them access historically.”
Former parish chairman John Stanwix said the legal wrangle reminded him of a dispute over the sale of the Newgate supermarket site in Barnard Castle.
Mr Stanwix added: “We sold part of the land but the crux of the matter was we had access for the sale and storage of motor vehicles, while the developer wanted access for delivering goods to the supermarket.
“It was a different use and this is a different use from the pub – they do not have access for new houses.”
Members of the press and public were excluded from legal discussions leading to some scratching of heads.
“I thought we were here representing the public?” asked Cllr Martin Saville.
“I was chairman of the parish council for 20 years and we never had a meeting in secret,” added Mr Stanwix.
But councillors said the decision was taken on legal advice.
Cllr Stastny added: “I am not sure whether any previous council has been sued by anyone.
“We have been elected to act in the best interests of the public – this is not best serviced by showing our cards.”
A court date has yet to be set.