WALKERS could be banned from roaming across parts of Kendal's Helm after an appeal by the owners went before a public inquiry.
The area under appeal is a 90-acre section, enclosed by walls and fencing, to the east side of the Helm summit.
The land is owned by Mr and Mrs Greenbank, of Sedbergh Road, and they want to prevent public access from damaging farmland, which they have to pay to keep in a usable condition. If the appeal is successful, the land will be removed from the provisional map of open country and registered common land.
On a site visit to the Helm, Patricia Greenbank said one of the reasons for the appeal was to protect their investment: "When we save up money, we spend some of that on the land.
"I'm the one who has to pick up the cans and bottles which get left about."
The decision will be made by planning inspector Philip Pinney on whether the land can be classed as improved grassland. If the owner has improved the land, it can be removed from the map of open country, preventing public access. However, if the inspector decides it has not been suitably improved, it will stay as open countryside.
The site in question is split into two parcels, A and B (see graphic above). Parcel A covers a 20-acre patch to the south and parcel B a 70-acre section to the north. Both Mr and Mrs Greenbank, and the Countryside Agency, which is responsible for mapping the land, agree parcel B has had work done to it, but the Countryside Agency contests the case for parcel A, saying well over 75 per cent is unimproved grassland.
The Ramblers' Association objected on the grounds that the vegetation was not sufficiently improved, and that they would lose good walking land.
The main objection came at the site visit from Natland Parish Council chairman David Peters. He said the parish council wanted to become more involved in the management of the Helm, and that it was a valuable area for the local community.
"To have them say parcel A is a small island of land with no importance is wrong. Relative to what we have got, it's not, and we would like to see the whole area as right to roam, and that's a community feeling."
A decision on whether the land can be shown on the provisional map of open country and registered common land will be published within the next eight weeks.
Whatever the outcome, the public will still have access to the west side of the helm which is a popular spot for walkers and fell runners.
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