Residents rally to keep footpath as right of way

RESIDENTS are trying to get a footpath officially registered as a public right of way.

They say a path off Old Greys Lane in Henley has been used for more than 70 years but a sign had recently appeared which labelled it as a “permissive footpath” meaning it is not under public ownership.

The sign was added to a set of steps leading from the lane, which runs by the Greys Road water treatment works up to the car park opposite the Saracen’s Head pub.

It has since been taken down by Henley Town Council’s parks department after the council was alerted to the situation by the Henley Standard.

The council, which owns the path, say they did not put the sign up themselves and are unsure who did.

A previous sign was installed next to the steps around June 12 that read: “Permissive footpath only, no public right of way”.

This was later removed and replaced by a white footpath arrow on one of the steps labelling the footpath as “permissive”.

The sign was added to the route after the footpath was remodelled to accommodate a new house in the lane, which was built at the start of this year.

Despite this, a number of residents say they have been using the path for many years and want to get the path registered as a public right of way.

They say it has been used by residents for decades as a shortcut to The Henley College from Greys Road or to the skatepark, scout hut and Sacred Heart Catholic School from Deanfield Road.

The footpath does not appear on Oxfordshire  County Council’s Countryside Access Map, the definitive legal record of public rights of way.

Marion Mawdesley, 82, said she had used the path since moving to the area in the Seventies.

Ms Mawdesley, who lives in Laud’s Close, said: “People have used that path for a long time. Some of the people that we know that live up the top there have used that path to go to the old Henley Grammar School and they are people now in their 70s. I have used it since we moved here in about 1978. My son was in the scouts, and he used to go up to the hut there and he is nearly 50.”

Ms Mawdesley said she wanted to get the path recognised as an official right of way. “It’s the principle,” she said.

Hilary Bennett, who lives with her husband Roger in Deanfield Road, said that she had used the path since she moved to the house in 1973.

Mrs Bennett said: “Soon after we moved to Henley, we started a family and there used to be a baby group in the scout hut where I used to take my son who is nearly 50 now.

“It was even in good enough condition that I would take a pushchair up.

“We have three children, and I used the steps to get up to Makins Recreation Ground to use the swings or to play football, and I still use it now to take my grandchildren.

“It’s a worry if someone claims ownership and would stop public access.” Simon Blake, who is the path rep for the area, said that he had used the path for around 30 years.

Mr Blake, who lives in Valley Road, said: “We have lived here since 1994 and many times I have walked up that way to go to the Takhar shop.

“We live at the bottom of the road and it’s easy to walk up there to get a newspaper or a bottle of milk.”

Kate Ashbrook, who is the general secretary of the Open Spaces Society, said that while not registered on the definitive map there was a chance the path could be an unrecorded highway and that an application should by sent to the county council to register it.

Ms Ashbrook, who lives in Turville, said that to do this, residents will need to show that the route has been used for at least 20 years without being stopped, obstructed or asked for permission.

She said there appeared to be a “good case” for the path to be formalised. “It’s obviously well used,” she said. “I have just walked down there and passed lots of people.”

“As far as I can tell, there hasn’t been any particular effort to challenge people’s right before that sign went up.”

Evidence will need to be produced going back 20 years and the county council will then determine if there is sufficient evidence to suggest that the path might exist as a public right of way.

If the council believes the path is reasonably alleged to subsist, it makes a Definitive Map Modification Order, which is published for public comment.

If objections are raised, the Planning Inspectorate decides whether to confirm the order.

The county council previously recognised the importance of the footpath in its decision notice for the new house built at the end of the lane in the land near St Anne’s Close.

It approved the development in 2022 on the principle that it would not harm “the safety of pedestrians along the shared footpath”.

A spokeswoman for Henley Town Council said: “There are no plans for changing the use at all from our perspective. It is a permissible path for now and the public are welcome to use it.”