Thatcham charity must reopen footpath after breaching historic planning condition

West Berkshire Council has told a Thatcham charity to reopen a footpath or face formal action after it breached a historic planning condition.

Residents of Beverley Close and Coopers Crescent have used the footpath off Beverley Close to access the Memorial Playing Fields, primary schools and other facilities for decades.

But at the beginning of May, Thatcham Memorial Foundation erected a six-foot wooden fence with concrete posts at the end of the path blocking access to its fields – leading residents to demand its removal.

“The footpath should be open, and we are working with Thatcham Memorial Foundation to get the fence removed as they are in breach of this condition,” said a WBC spokesperson.

The foundation’s board of trustees said it installed the fence due to the “dangerous” and “substandard condition” of the path.

It added it was acting on the advice of a health and safety consultant who claimed it was “unsafe” to keep access open during its ongoing flood alleviation works.

But WBC confirmed the fence was not erected for this reason.

It added: “Formal action could be taken as there is a condition on the original planning consent from 1980 giving provision for this walkway to be maintained to the local planning authority’s satisfaction.

“Conditions must still be upheld.”

In a letter to residents, dated July 26, the foundation said: “The board of trustees has never made any resolution to remove this access point permanently.

“Disregarding the advice of the H&S consultant would make the foundation’s insurance void.

“Trustees will not take action that would allow the foundation and its individual volunteers to be subject to a personal injury claim.

“Should the registered owner of the pathway or a third party make the necessary repairs for it to be assessed as ‘safe’ by the foundation’s H&S consultant, the board is committed to reviewing the access arrangements.

“Until this time, the access to the pathway must remain closed.

“Whilst we understand that this may affect the daily lives of some residents in Beverley Close and Coopers Crescent by having to walk that little bit further, there are alternative routes of access to the Memorial Playing Fields and further destinations.”

But Vicky Caws, a resident of Beverley Close for the past 15 years, disagrees.

“The foundation used the cover of the works to shut the alley in May, without any publicity or consultation with the residents,” she told newburytoday.

She added several fellow residents are investigating the possibility of adopting the footpath.

The registered owner of the footpath is unclear, but newburytoday can confirm it is neither the foundation nor WBC.

Most of the bungalows in Beverley Close were built in the 1950s.

The planning condition mentioned refers to the development of eight bungalows to the north of the street in 1980.

The condition, issued by Newbury District Council, now WBC, on February 15, 1980, reads: "Condition 5 – Provision shall be made in the development for pedestrian access from Beverley Close to the public open space to the east which shall be laid out and maintained to the satisfaction of the district planning authority on the substantial completion of the development hereby permitted.”

The foundation was approached for further comment.