THE press release from Blackburn Town Hall and your article (LET, January 9) concerning the opening of access to Buncer Woods by a gate being installed in the fence on Buncer Lane, neglects to deal with the actual situation.

The original construction of the fence closed an existing right-of-way which had been in existence for at least 40 years. It was erected without seeking planning permission, which Councillor Malcolm Doherty incorrectly claimed was not required.

Sixty-six people attested to regular use for over 20 years, more than 1,000 signed a petition against its erection, and more than 100 wrote to the planning department against retrospective planning permission being given in an attempt to legitimise what had been claimed wasn't needed in the first place.

A claim made by at least two people that retrospective planning permission could not be given as it would breach section 31 of the 1980 Highways Act was ignored, and a decision to give planning consent was passed without reference to this possible problem. The application was passed with a recommendation that a gate which was to be fitted in the fence should be opened if the recommendation was accepted by three committees which meet in January.

All pretty boring up to press. Now it becomes interesting.

At a meeting on January 5 between councillors and officers, it was put forward that the community and leisure department didn't have the money to repair the path, and the decision should perhaps be delayed.

After seeking legal advice during the next two days about the probability of a County Court Writ being issued by a member of the Witton Park User Group under the 1980 Act and its probable success, suddenly the press release appeared the next day. It is interesting to note that this press release, which, it would be said, was put out with indecent haste, given that councillors have sat on the fence for the last six months rather than open it, pre-empts the decisions of the three committees which have yet to meet and democratically decide which way they should vote on the issue.

Come on, Coun Doherty, come clean. Your party was elected on a manifesto of opening up the countryside, not blocking it.

The party also promised 'transparency.' Let's see some of it. It could separate the woods from the trees.

P NEWTON, (Vice chairman, Witton Park User Group), Ashworth Close, Blackburn.

Converted for the new archive on 14 July 2000. Some images and formatting may have been lost in the conversion.