Fell path set to go public

A popular Lake District walkers' route at the foot of Blencathra, in Threlkeld, running almost parallel to the A66 Penrith to Keswick road has taken the next step towards being declared a public footpath and being added to the area's definitive map.

Members of the National Park Authority's Rights of Way Committee today agreed to make the modification order after being told that the public had been using the 1.25mile route for more than 50 years.

A report from Senior Rights of Way Adviser Nick Thorne explained that the issue came to a head when one of the landowners locked two gates on the route in 2004 and said he never had any intention of dedicating the path as public footpath.

A total of 28 people told the LDNPA that they had regularly walked the route – and some had personally being using it for more than 40 years. The route was also well featured in a number of guide books, including A.W. Wainwright's 'The Northern Fells' – regarded by many as a "bible" of the fells.

"None of these guide books prove that the path was a public right of way, but indicate that the path existed as a physical feature, and was being used by the public. It is unlikely that a path that was disputed, or had prohibitory signs, would be included in guide books such as these," Nick explained.

The landowner claims that even before 2004, gates across the path had been regularly locked – to indicate it was not a public route - and the National Park local ranger had never visited the farm to object.

The report added that the evidence was clear that the public had regularly used the route for many years without any objections and no walker had noted any locked gates. Consequently the common law dedication of "once a highway, always a highway" should be acknowledged and the route should now be recorded as a public footpath.

There will be an opportunity for objections and if any are received, the matter will be referred to the Secretary of State.