11:43am Wednesday 13th February 2008
A PENSIONER plagued by yobs using a footpath across his land has been told that he cannot block the path off, because it would be detrimental to the public.
Gary Thomas, 69, has had bricks thrown at his house, used condoms draped on his garden fence and bags of dog faeces left by his back gate by people using the shortcut from Preston Old Road on to the Kentmere Estate, Cherry Tree.
The retired British Aerospace foreman bought his house 25 years ago and discovered in his deeds that the thin track of land actually belonged to him.
At the time the ginnel was just a dirt track but had been fenced off from the house by the previous owner.
In later years it was paved by Blackburn with Darwen Council.
Mr Thomas said: "People use it as a short cut and don't cause any trouble, but youngsters started using it as an escape route from the main road and that's when the problems began.
"One night I counted 80 teenagers hanging around in the ginnel.
"They throw bricks at the cars then run down so they can't get caught.
"They hang out in the back alley getting up to all sorts. They vomit and urinate everywhere."
And nearby pathways are also suffering from similar behaviour.
Mr Thomas said that the anti-social behaviour had put a huge strain on him and his wife Norma, 65, who has fought breast cancer.
After he was nearly hit by a brick hurled into his back garden, Mr Thomas decided to get the path blocked off.
He said: "A planning officer told me it wouldn't be a problem because it was my land and I could just reclaim it as garden.
"Highways said they couldn't see the path on any maps.
"I submitted plans, with a porch on the side of the house so there was no way anyone could get down.
"But it was denied because it would be detrimental to public amenities as people would have to walk the long way round to get to the main road."
Councillor Alan Cottam, the executive member for regeneration at Blackburn with Darwen Council, said: "There is an issue if the area in question is a highway for public use.
"Mr Thomas is the registered owner but a claim has been made under the Wildlife & Countryside Act 1981 for it to be registered as a public footpath."