A SHINFIELD resident who closed a path to the public said that he did so to protect residents from harm.
Nigel Olsen said that he erected fences to preserve and protect residents at the end of Leyland Gardens.
The path connects the western end of Leyland Gardens with a registered public right-of-way running between Hollow Lane and the eastern end of Leyland Gardens.
Last month, Wokingham Today reported that some residents would like to see the route registered as a public right of way.
However Mr Olsen said that he believes it is an issue of safety.
“There have been break-ins from the lane into adjoining properties as well as people parking cars and then going to the Black Boy pub [now The Shinfield Arms] and coming back making tons of noise,” he said.
“In the autumn we also had individuals trying to break into the cars and making way down the lane as a getaway onto Hollow Lane.”
Mr Olsen said that the path “has always been [his] property” and that it is no longer “purposeful” to keep the route as Shinfield grows in population.
He said that residents have been “blighted through burglary and anti-social behaviour as a result of the path”.
A spokesperson for Wokingham Borough Council said that they are currently investigating the evidence submitted with the public right-of-way claim.
They are also looking at “any other evidence available to determine whether there is evidence of any public rights”.
“This process is a complex legal investigation and includes discussions with the landowner as well as an examination of all other evidence available to the council such as historical records,” they added.
“We are in the process of gathering and analysing the evidence that has been submitted regarding the path.”
Mr Olsen said that if the access is granted as a public right-of-way, he will sue Wokingham Borough Council for “loss of property value”.
He added: “If that fails, I will then loge an appeal with the Court of Appeal. And if that fails through judiciary normal channels, I will then fight this as a human right.”
The council spokesperson added: “The law dealing with the acquisition of public rights is primary legislation and the council has a duty to keep the map under constant review, receive and determine applications claiming rights of way, and make orders to change the definitive map when a right of way is reasonably alleged to subsist.
“It is a duty and not a discretionary power. So, all we are able to do it follow the legislation as it currently stands, which is what we are doing.”
