Horseriders in fight to gain right to ride on Smeeth Bank

The British Horse Society is battling for the route known as Smeeth Bank, which links the west Norfolk villages of St John's Fen End and Emneth, to be registered as a restricted byway.

The 5km stretch runs along Smeeth Lode, a man-made waterway connected to the Great Ouse River which serves as a drain for surrounding farmland.

The entrance to the Smeeth Bank path from Smeeth Road (Image: Google)

However, the move has led to the King's Lynn Internal Drainage Board (KLIDB)  - which owns much of the land the route passes through - claiming it is not a public right of way.

It fears allowing horseriders and ramblers to use the path puts them at risk, as it could hamper maintenance work.

It says it has "serious safety concerns" and is concerned about being liable for any incidents.

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In recent years, concrete barriers have been placed at entry points to stop vehicles travelling along the path, with locals saying vans and motorbikes have been known to use it.

But Norfolk County Council (NCC) says a body of evidence has been presented, which shows it has been used as a public highway since the early 1800s.

The dispute has culminated in a public inquiry due to be held next week by the Planning Inspectorate - the government department that presides over planning disputes.

The 5km route, which runs along Smeeth Lode between St John's Fen End, passing through Marshland St James before reaching Smeeth Road to the north of Emneth (Image: Google)

'USED FOR 200 YEARS'

Helen Chester, of the British Horse Society's access team, has applied for the route to be permanently registered as a byway.

She has produced historic documents, including maps, which she says show there has been a route in use since the 1800s.

She also believes bridleway rights can be proved because people have been riding along Smeeth Bank for a 20 year period.

Local parish councils, including Walpole Highway and Terrington St John, have also confirmed the route has long been in use.

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Smeeth Lode drains into the Great Ouse River -a 75-mile long river that is navigable from Bedford to the Wash at King’s Lynn (Image: Bob Jones/Geograph)

Norfolk County Council highways officers have agreed that the route is a historic highway and was used as a public road.

However, the rights for vehicles were removed through an act of law in 2006, meaning the trail should now have the status of a restricted byway. 

A restricted byway is a highway which the public can travel on via "foot, horseback and with non-mechanically propelled vehicles (such as pedal cycles and horse-drawn vehicles)," according to the Countryside and Rights of Way Act 2000. 

READ MORE: Villagers lose battle to reopen footpath that split two communities

The King's Lynn Internal Drainage Board carrying out maintenance work along Smeeth Lode (Image: Norfolk County Council)

WATER BOARD DISPUTE

Despite the historical evidence presented, the KLIDB - a public body that is responsible for maintaining waterways in the region to prevent flooding - has dismissed the existence of a right of way.

In a letter of objection, it says approving the byway would lead to an "increase in illegal behaviour," such as fly-tipping and people trespassing with motorised vehicles, such as bikes.

It also worries there would be health and safety implications and that it could interrupt its ability to carry out essential maintenance work.

However, NCC officers have dismissed this, arguing it manages several waterways alongside existing paths and that officers have never received any reports of issues caused by this.

READ MORE: Norfolk Broads footpaths disappearing due to flooding

Smeeth Lode acts as a drain and flows to a pumping station, where it is pumped into the River Great Ouse (pictured) (Image: Newsquest)

READ MORE: Norfolk solicitor erects barricade to block countryside footpath

Another landowner along the route, Steven Niemiec, has also objected. 

He says that while "walkers, some cyclists and horse riders are okay," he thinks there should be the ability to block the path to prevent unwanted access. 

Locals have also written to NCC about their concerns that the route could be misused by people on vehicles like motorbikes and quad bikes.

However, the authority said this would be a police matter. 

A public inquiry will be held at Marshland Hall, Smeeth Road, Wisbech, on October 29 at 10am.