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Right of way fight over school path

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Thursday, March 14, 2013
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Herald Express

QUEENSWAY residents are upping their campaign to re-open a well-used footpath.

About 40 residents and ward councillors have applied for the shortcut, which runs alongside Torquay Girls' Grammar School from Queensway through to Shiphay, to be formally designated as a right of way.

  1. campaign:   From left, Cllrs Nicole Amil and  Mark Pountney with Martyn Menhenic and other residents   Torquil MacLeod TQTM20130307B-001_CA

    campaign: From left, Cllrs Nicole Amil and Mark Pountney with Martyn Menhenic and other residents Torquil MacLeod TQTM20130307B-001_CA

They say they have used the route for more than 20 years and were dismayed when it was gated off in January after claims of 'undesirables' in the area.

Now they have taken their fight to Torbay Council to start the legal process.

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Ward Cllr Mark Pountney, who is leading the campaign, said it was with 'sadness' the residents had to take formal action.

He said: "This path has been in use by local residents for a very long time. Some residents can remember using it for more than 40 years.

"It's with great sadness the residents of Queensway and the connecting roads have had to go to these lengths to ensure this footpath remains a legal right of way, so that once again it can be enjoyed by both students and local residents alike.

"We believe the school has no support for its action, which has been totally unilateral.

"They may wish to fight our application, but they should be in no doubt of our resolve in this matter. I urge them to reconsider their position and rejoin the community they seem determined to abandon."

The residents have met with the school to discuss their concerns, but school governors have voted to keep the footpath closed. David Hughes, who has survived a brain injury, is a former school staff member and Queensway resident.

He said he was left 'disorientated' when the path was closed and believes a compromise can be reached.

He said the lane could be closed during school hours throughout term time, but opened at weekends and holidays.

He said: "We need to put forward an acceptable alternative which would not compromise security at the school."

Sharon Wallwork, the school's director of finances and resources, said the school would formally object to a public right of way order.

She said if it was re-opened then the school would apply for it to be extinguished due to security reasons — a provision open to schools under the Highways Act.

She said: "Any decisions will be discussed by the governors in due course."

The application is likely to be presented to Torbay Council's transportation working party in May. And if accepted, then the Right of Way will be advertised for 43 days.

If there are objections then the matter will be referred to the Secretary of State with the likelihood of a public inquiry.

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5 Comments

  • Profile image for lifemaestro

    by lifemaestro

    Friday, March 15 2013, 9:55PM

    “In their planning application submitted to Torbay Council a YEAR ago (15/3/12), Torquay Girls' Grammar School announced their intention to isolate themselves from the local community and seize control of the footpath local residents have used for decades by erecting security gates that would be locked at all time outside of school hours.

    They are partly culpable for the problems that have arisen. They have never lit the path. The weeds, trees, hedges and annual leaf mulch have been left to overwhelm and crowd the path to the extent that in places, less than a third of the width of the usable pathway was accessible to pedestrian use.

    Your article alleges there were 'undesirables' in the area in January. No doubt the Girls' Grammar intend to cite this as a reason to keep the path closed. This tactic would be wholly disingenuous of them, since as I said, they declared their intent to close the pathway a full year ago, long before any such alleged problems were topical.

    As for 'security' issues... The main school site has been extensively fenced off from the pathway by some very robust fencing for several years, and I see no reason why the new Sports Hall cannot be suitably protected too.

    Contrast the extensive fencing already in place around the Girls' Grammar School with the wide open and shockingly vulnerable campus of the neighbouring Boys' Grammar School and it's hard to see how they can claim they have a problem from a pathway that was already robustly fenced off from their school buildings.

    One final point, to echo that of Councillor Pountney's view that the Girls' Grammar appear intent on abandoning the local community. The new Sports Hall erection that has precipitated the path closure, it has been determined, shall have no community function whatsoever. Contrast that with the excellent facilities of say Torquay Academy which are available outside of school hours to local residents, and we can perhaps see why Cllr. Pountney may have hit the nail on the head.”

  • Profile image for JosefLeninski

    by JosefLeninski

    Thursday, March 14 2013, 11:12AM

    “You are a tax paying resident mossy, you can't expect your needs to come before the needs of drug addicted benefit tourists.”

  • Profile image for madmossy

    by madmossy

    Thursday, March 14 2013, 11:03AM

    “As a queensway resident myself the loss of the "corner" shop has been a right pain in the donkey!

    Instead of walking down the road a few feet, it's no jump in the car, endure several sets of traffic lights, find a parking space and then walk into ASDA!”

  • Profile image for madmossy

    by madmossy

    Thursday, March 14 2013, 9:47AM

    “The closing of the path has already affected one local business, the convenience store on queensway has been forced to shut due to a sudden and massive loss in customers which relied heavily on passing trade from people using the lane.”

  • Profile image for JosefLeninski

    by JosefLeninski

    Thursday, March 14 2013, 9:40AM

    “You can't allow the Newton Road Hostel that regularily accomodates sex offenders and other criminals to be built alongside a grammer school for girls and not expect to get 'undesirables' in the area. What were Torbay Council thinking of.”

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