Solution to long-running wrangle over right of way in Darlington

OPEN TO PUBLIC: The archway from Grange Road to Beaumont Street West OPEN TO PUBLIC: The archway from Grange Road to Beaumont Street West

A CONTROVERSIAL footpath has been officially declared a public right of way, despite a shopowner claiming the route has caused her a life of misery.

The walkway, which goes through an archway from Grange Road to Beaumont Street West, in Darlington, had been the subject of a longrunning wrangle between charity Age UK Darlington and bridalwear shop proprietor Margaret Dobinson.

Mrs Dobinson owns the land which the path runs along and claimed the route was a catalyst for anti-social behaviour, putting her business under serious threat.

However, the walkway was yesterday recognised as a public thoroughfare by Darlington Borough Council’s Rights of Way panel after the charity argued its 300 volunteers, and many other Darlington residents, had used it since 1955.

It also alleged that people had been accosted by Mrs Dobinson when using the route.

Gillian Peel, chief executive of Age UK Darlington, said: “A lot of people have problems getting through the archway and it is distressing for them.

“If it was enclosed, it would be to the detriment of our business and people in Darlington.

We have 120 people attending our day classes and cafe, and the anger towards them using the route has been upsetting.”

However, Mrs Dobinson, who bought the property from Darlington Borough Council, said that the deal rendered any public right of way defunct.

She said: “I love that shop but nobody seems to care what I am having to put up with.

“Someone tried to set fire to it, and on another occasion, the police were there holding a man against the wall, but I get told nothing.

“There has been filth in the alley for years.”

Dave Liddle, representing Mrs Dobinson, also argued that previously-erected chains, which were later taken down, were a clear signal that it was not for the public, adding that Age UK Darlington’s evidence was flawed and a result of confusion over dates when the route was a public right of way.

However, speaking after the verdict, Mrs Peel said: “We are delighted with the result. It is a good decision for the people of Darlington.”

Comments(11)

Homshaw1 says...
8:02pm Sat 1 Sep 12

What a miserable woman

fizzer says...
8:28pm Sat 1 Sep 12

good on you dbc for not giving in to dobinson

Tricky2009 says...
10:26pm Sat 1 Sep 12

So if she was so confident it was her land and no one had right of way then why didn't she build a wall or erect gates.......what the hell does a bit of chain supposed to represent?
I have used that as a cut through for over 40 years, absolutely bizarre situation.

wiggy woo says...
10:21am Sun 2 Sep 12

even the sign says access required at all times , loooked like a car park last time i went by, is this really a story?

DOGLAWRENCE says...
10:36am Sun 2 Sep 12

Homshaw1 wrote:
What a miserable woman
Seems like even looks as if some one is disliking every vote , was a lot of - votes so my pluses have nearly cancelled them out ,

Homshaw1 says...
12:08pm Mon 3 Sep 12

DOGLAWRENCE wrote:
Homshaw1 wrote: What a miserable woman
Seems like even looks as if some one is disliking every vote , was a lot of - votes so my pluses have nearly cancelled them out ,
I would reply but the English is so bad I can not understand what you are saying

doonhamer says...
4:28pm Mon 3 Sep 12

If you own property you should have title deeds from when buildings were erected. These would/should clearly state rights of way etc and legal searches, which should always be carried out at time of purchase would also clarify situation. If shopowner has none of these and was lax in her dealings when purchasing the property, then DBC have no other option than to deem the "lane" a public right of way, which rightly or wrongly, it seems to have been used as for several years now. Nice one for the old folk though.

no1quaker says...
6:59pm Mon 3 Sep 12

Homshaw1 wrote:
DOGLAWRENCE wrote:
Homshaw1 wrote: What a miserable woman
Seems like even looks as if some one is disliking every vote , was a lot of - votes so my pluses have nearly cancelled them out ,
I would reply but the English is so bad I can not understand what you are saying
Glad you can't read it either. I thought I was going loopy.

Spy Boy says...
7:47pm Mon 3 Sep 12

It's a right of way. It's been a right of way for a very long time. What's the problem ? I'm sure that all this was the case when the complainant bought the property. If there is a problem with litter, she should keep the phone number for Street Scene handy, right next to the phone numbers for her councillors. It's not hard to do. That's what these people are there to do, provide a service.

However, with all the council cuts being aimed at the workers and not all the execs, you may need to wait intil Ada Burns or Bill Dixon get a pair of Marigolds and a couple of bin bags before it gets done. Don't hold your breath.

harry2 says...
9:07pm Mon 3 Sep 12

I don't understand why the council sold and why this lady bought a public right of way ???

Homshaw1 says...
11:48am Tue 4 Sep 12

harry2 wrote:
I don't understand why the council sold and why this lady bought a public right of way ???
You can own land, park your car there and people can walk across it if it is a public right of way and has been so in living memory. I think the phrase they use is "since time immemmorial"

As long as she leaves a little room for people to pass no one is stopping her parking her car.

Don't see why there is a problem

If Age Concern had lost there are lots of cuts through High Row and Skinnergate and beyond that are little different

Both her or her lawyers must have known the right of way was an issue when she bought it

We are talking a few OAP's saving themselves a 200 yard walk

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