Airspace row has cost parish council £22,000
A LONG-running battle over who owns the airspace over a riverbank in Combe Martin has finally been resolved after nearly three years of legal wrangles — and at a cost of nearly £22,000.
Combe Martin Parish Council began legal proceedings after villager Glynn Howell-Williams built a footbridge over the River Umber.
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FOOTBRIDGE: Kerri Pipe with children Charley, Harry and Max on the bridge in January 2009.
In January last year, he told the Journal he had built it so that a 12-year old disabled girl could walk a shorter route to the school bus and remain in sight of her mother.
The bridge spans the river between a private garden and council-owned land behind a coach park near the Pack O' Cards pub. It was designed so that it did not rest on council land, but only momentarily touched down when crossed.
But the parish council claimed the wooden structure intruded into its airspace.
Their solicitor, Christopher Punt, said the argument was based on riparian rights under English common law, which means the council owns the airspace up to the middle of the river.
The council started legal proceedings and Mr Howell-Williams counter-claimed that he had an existing right of way, based on long use.
Now both parties have come to a compromise which allows a crossing to remain, with agreed restrictions.
Combe Martin Parish Council has spent £21,735.49 on resolving the dispute since October 2007, which breaks down as £20,850.09 on legal fees and £885.40 on court fees.
The parties issued a joint statement about the compromise.
It said: "CMPC has owned the coach park land off the High Street since May 1, 1998. It is a valuable asset and the council has an obligation on behalf of all parishioners to protect its value.
"Its present use means that people walking over it do not detract from that use, but the existence of any permanent right of way across the land could lower its value substantially."
The council said it was also concerned about flooding and the safety of people using the bridge.
The compromise states that Mr Howell-Williams agrees not to pursue the claim to a permanent right of way, and the council will withdraw allegations of trespass and grant a right which has limited duration.











3 Comments
by Clive Webster, Ilfracombe
Tuesday, August 31 2010, 9:59AM
“Yes there is an "Insurance" policy in place.....
US.”
by Fed Up, Combe
Saturday, August 28 2010, 8:48AM
“Did the parish pay for this out of council income please? Or was there an Insurance Policy in place to cover Legal action?
£22000 out of my tax payers money is beyond belief.”
by Clive Webster, Ilfracombe
Thursday, August 26 2010, 11:35PM
“Its about the time the council remembered who they are owned by, work for, paid for and subsequently who "owns" and has right to anything of "the councils".
We all do.
The council could have spent the money on repairing the Combe Martin sea front area or making a nice park for the children, including the less advantaged ones but it doesn't surprise me one little bit that they chose to spend *our money* picking on disadvantaged and disabled children.
Whats next, a tax on walking and breathing because we are using *The council owned* air?
Abuse of process and power.”