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British Horse Society fights for riders to be able to use Smeeth Bank route in West Norfolk




A national charity is fighting for horse riders to be able to use a path in the Fens after a drainage board launched an attempt to block people from using it.

The British Horse Society is battling for the route known as Smeeth Bank, which links the West Norfolk villages of St John’s Fen End and Emneth, to be registered as a restricted byway.

The 5km stretch runs along Smeeth Lode, a man-made waterway connected to the Great Ouse River which serves as a drain for surrounding farmland.

The Smeeth Bank entrance from Smeeth Road. Picture: Google Maps
The Smeeth Bank entrance from Smeeth Road. Picture: Google Maps

However, the move has led to the Lynn Internal Drainage Board (KLIDB) – which owns much of the land the route passes through – claiming it is not a public right of way.

It fears allowing horseriders and ramblers to use the path puts the board at risk, as it could hamper maintenance work.

It says it has “serious safety concerns” and is concerned about being liable for any incidents.

An aerial view of Smeeth Bank. Picture: Google
An aerial view of Smeeth Bank. Picture: Google

In recent years, concrete barriers have been placed at entry points to stop vehicles travelling along the path, with locals saying vans and motorbikes have been known to use it.

But Norfolk County Council says a body of evidence has been presented which shows it has been used as a public highway since the early 1800s.

The dispute has culminated in a public inquiry due to be held next week by the Planning Inspectorate – the Government department which presides over planning disputes.

‘USED FOR 200 YEARS’

Drainage board work taking place at Smeeth Bank. Picture: Norfolk County Council
Drainage board work taking place at Smeeth Bank. Picture: Norfolk County Council

Helen Chester, of the British Horse Society’s access team, has applied for the route to be permanently registered as a byway.

She has produced historic documents, including maps, which she says show there has been a route in use since the 1800s.

She also believes bridleway rights can be proved because people have been riding along Smeeth Bank for a 20-year period.

Local parish councils, including Walpole Highway and Terrington St John, have also confirmed the route has long been in use.

County council highways officers have agreed that the route is a historic highway and was used as a public road.

However, the rights for vehicles were removed through an act of law in 2006, meaning the trail should now have the status of a restricted byway.

A restricted byway is a highway which the public can travel on via “foot, horseback and with non-mechanically propelled vehicles (such as pedal cycles and horse-drawn vehicles),” according to the Countryside and Rights of Way Act 2000.

WATER BOARD DISPUTE

Despite the historical evidence presented, the KLIDB – a public body that is responsible for maintaining waterways in the region to prevent flooding – has dismissed the existence of a right of way.

In a letter of objection, it says approving the byway would lead to an “increase in illegal behaviour” such as fly-tipping and people trespassing with motorised vehicles, including electric bikes.

It also worries there would be health and safety implications and that it could interrupt its ability to carry out essential maintenance work.

However, county council officers have dismissed this, arguing it manages several waterways alongside existing paths and that officers have never received any reports of issues caused by this.

Another landowner along the route, Steven Niemiec, has also objected.

He says that while “walkers, some cyclists and horse riders are okay”, he thinks there should be the ability to block the path to prevent unwanted access.

Some locals have also written to the county council about their concerns that the route could be misused by people on vehicles like motorbikes and quad bikes.

However, the authority said this would be a police matter.

A public inquiry will be held at Marshland Hall on Smeeth Road, Wisbech, on Tuesday (October 29) at 10am.



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