A Norfolk couple are waging a legal war against a ruling that permits villagers to walk through their back garden. 

John and Ann Scott, who live in Thompson, were told by officials that a long-lost footpath runs through their property and must be designated a public right of way. 

The couple, who moved to the secluded village near Watton more than 20 years ago, were overruled by government inspectors at a hearing last year after arguing that the route does not exist. 

However, they have objected to this decision and will now continue their fight at a second inquiry next month. 

FOOTPATH FEUD

The row started in 2013, when an elderly villager claimed at a parish council meeting that a footpath had once crossed their property.

Norfolk County Council, which holds rights of way records, checked and agreed there should be access through the Scotts' garden on Pockthorpe Lane.

Pockthorpe LanePockthorpe Lane (Image: George Thompson) It said the route joined up with nearby Sparrow Hill which eventually leads to Peddars Way, the popular long-distance footpath which runs from near Thetford to Holme-next-the-Sea. 

The Scotts, who are both retired teachers, disputed this and argued there had never been a public footpath or road across their property.

The argument was escalated when the government's Planning Inspectorate, which adjudicates on planning disputes, got involved and launched an inquiry.

Following a series of delays a hearing was eventually held in 2022 and the inspector on the case, Sue Arnott, ultimately ruled that the route should be designated as a public footpath.

However this was only an interim decision and the Scotts were given another chance to object to the proposed changes. 

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Ann Scott in 2022 Ann Scott in 2022 (Image: George Thompson) ROW CONTINUES

Representatives for the Scotts have criticised "ill-advised" and "doomed" efforts by Norfolk County Council to argue that the route should be used by cars and other traffic.

During the initial hearing the council ultimately accepted historical evidence indicating this was not the case. But it stuck to its claim there should be a footpath.

The Scotts continue to argue that while the route was once used as a footpath, this was removed from official records more than 40 years ago following a review. 

They also claim that council officers have purposely "misled" the inspector and their own legal advisors by withholding information, which the council denies. 

The authority argues that the footpath was not formally removed from their records, even if it is missing from some. 

WHAT NEXT? 

The second inquiry will be held at Thompson Community Hall on November 26 and various witnesses are expected to give evidence, including the Scotts. 

Ms Arnott previously said evidence presented to her showed a path included on some historic Norfolk County Council documents but not on others.

She described this as a "muddle" which "does not inspire confidence in Norfolk County Council's past administration" but ultimately sided with the authority. 

The outcome of this next hearing will confirm whether the footpath will be designated as an official public right of way, bringing an end to years of delays and confusion. 

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The footpath that could run through the Scotts' gardenThe footpath that could run through the Scotts' garden (Image: Google) The Planning Inspectorate initially launched an inquiry in 2020 and was due to organise a hearing in April of that year. However, this was pushed back due to the pandemic.

The saga was expected to conclude in February 2022 but that hearing was immediately adjourned and not reconvened until November, when the interim decision was made. 

Following that ruling, the Scotts maintained that their garden is "strictly private" and discouraged locals from passing through by posting a notice in the local parish magazine.