COUNCIL bosses have admitted defeat in a legal battle with a homeowner which was sparked by a controversial decision to build a security fence around a school’s playing field.
The Journal revealed earlier this month how retired local government officer Ray Prudhoe secured a ruling from the Land Registry that the 1.8m-high fence prevented him using a right of way from his back garden, through the school field to the front of his house in Swansfield Park Road, Alnwick, Northumberland.
An adjudicator decided – following a court-style hearing held in Berwick – that he had acquired a “prescriptive right of way” via the Lindisfarne Middle School field, after using the route for more than 20 years.
Northumberland County Council, which owns the school land, was given 28 days in which to appeal against the ruling, or accept it and find a way of restoring Mr Prudhoe’s legal access.
Yesterday a spokeswoman said: “The council is not going to appeal against the adjudicator’s decision, and the headteacher at Lindisfarne Middle School has been in touch with the resident to discuss how the matter will be resolved.”
Mr Prudhoe, 70, a former head of administration with Alnwick District Council, spent a year pursuing his case, in which he represented himself.
He argued that for 35 years he had been able to take grass cuttings, tree clippings and other green waste from his back garden, along part of the adjacent school field and out through a cut to the front of his home for disposal in the bin or at a refuse site. It meant he didn’t have to carry waste or heavy gardening equipment directly through his house, and also provided a route for contractors carrying out potentially dirty work at the rear of the property.
However, that stopped in summer 2010 when the school governors ignored objections from dozens of neighbours and built the security fence around the edge of the playing field.
It was erected hard up against the rear garden fences of scores of homes which back on to the school, and meant Mr Prudhoe and others could no longer get access into the playing field.
Yesterday he said: “I am absolutely delighted that the council has decided not to appeal the decision, but not surprised because I didn’t think they had any grounds on which to do so.
“I am currently arranging a meeting with the headteacher.
“I have got the details of my right of way on a plan and I will be looking with interest to find out how they are going to restore it.
“It has been suggested that the fence should be moved away from my back garden fence and I will go along with whatever they suggest as long as it is an acceptable solution.”
Mr Prudhoe applied to the Land Registry for a ruling that he had established a legal right of way along the perimeter of the field, after using it for more than 20 years without secrecy or interruption.
The school governors argued the fence was needed to protect pupils against potential threats posed by intruders.
But critics said it was a waste of money, a visual intrusion and would prevent householders from maintaining their own garden fences and hedges because of its proximity to their property.
