‘Multi-agency partnership’ proposed to tackle ongoing access dispute in Thatcham

A working party has been proposed to tackle an ongoing land and access dispute in Thatcham following a fiery public meeting in the town last month.

Access from a footpath located off Beverley Close leading to the Memorial Playing Fields has been blocked by a fence since April.

Both parties involved have previously made their positions clear.

The Memorial Foundation has said a health and safety risk assessment suggested it should block the alley or risk exposing itself to injury claims from people falling in the alley due to its insurance becoming void.

The Foundation confirmed it is dealing with at least four such claims at October’s meeting in the Memorial Hall.

Meanwhile, residents are frustrated by the Foundation’s perceived lack of communication over its decision and want to see the fence removed.

The Foundation has proposed a “multi-agency working party” and outlined its conditions for the fence’s removal, which cost £1,200 to erect.

Foundation chairman and general manager Nathan Gregory told newburytoday: “The Foundation has proposed a multi-agency working party with both West Berkshire Council and Thatcham Town Council, along with representatives of the residents and trustees of the Foundation.

“The registered owners of the footpath will also be invited.

“Re-opening the access is subject to a satisfactory surface and the access being connected to a suitable recreational route.

“The professional advice received by the foundation will not be made public.

“There is no reason to hold a public meeting and this will not be organised.

“Residents are being given the option to act constructively and help to find a solution via the working party.”

Mr Gregory also confirmed the Foundation is “challenging the application of a planning condition on land the Foundation does not own.”

The condition concerns the inclusion of the footpath in the development of eight bungalows to the north of Beverley Close in 1980.

The development was completed by the applicant, Turner Bros (Reading) Ltd, a construction company based in Oxfordshire which dissolved in February 2023.

The footpath is not listed as a public right of way, according to the West Berkshire District Council Second Consolidated Definitive Map of Public Rights of Way (2019).

It is also unclear whether the footpath was adopted by West Berkshire Council under Section 38 of the Highways Act 1980. The relevant documentation remains elusive.

A Section 38 agreement is a legal contract allowing a local highway authority to adopt a new road as a public highway.

When asked about the Section 38 paperwork and how it is challenging the Memorial Foundation for breaking the planning condition, the council eventually responded with the following statement.

“West Berkshire Council is unable to provide specific details on an ongoing Planning Enforcement case at this time.

“However, we want to reassure residents that we are actively collaborating with all stakeholders to find a balanced solution.

“This case involves multiple areas of regulatory responsibility and we are taking a coordinated, multi-departmental approach to ensure we reach a suitable outcome for everyone involved.”

A date for the first working party meeting has not yet been set.