A MAN fighting for his "right to roam" says stopping Avenues tenfoots from being gated off would force Hull City Council to take better care of them.
Robert Sandham, who wants to make three tenfoots in Marlborough, Westbourne Park and Victoria Avenues into restricted byways, says there has been a "misunderstanding" in his appeal.
Many residents want the tenfoots, which are classed as private land, to be gated to stop antisocial behaviour and fly-tipping.
But Mr Sandham, of Victoria Avenue, says this is against his human right to roam and wants them to be placed on the definitive map, which would stop them from being gated off.
He said: "At the moment, if there is any problem in the tenfoots, the council can say it is private property, so they can't get involved – that goes for graffiti and fly- tipping.
"We all experience antisocial behaviour in one form or another and it is, unfortunately, part of everyday living.
"There are a lot of people who use the tenfoots, but would like to do so lawfully.
"Everyone using them at the moment is trespassing, all I am trying to do is bring the legality in line with the reality."
A restricted byway is a type of public right of way that only allows pedestrians, cyclists and people on horseback access.
Residents originally thought if Mr Sandham's appeal – which was originally refused by Hull City Council – was upheld, it would stop them accessing their garages and Hull City Council would not be able to collect rubbish.
However, Mr Sandham explained that, if it is upheld, while vehicles belonging to the public would be banned from driving down them, the residents living on either side of them would still be allowed private access.
Mr Sandham said: "People have been walking, riding their bikes and pushing their prams up and down the tenfoots since they were built 100 years ago. I just want to make sure that continues.
"If the appeal is upheld, the council will have responsibility to look after them."
However, one resident, who did not want to be named, said if the tenfoots are not gated, antisocial behaviour will get worse.
She said: "I just can't understand why he wants to do this. We are trying to protect our property. People fly-tip and litter down there."
The planning inspectorate will receive all objections by Tuesday and a decision is due in November.
'Legal access a concern'Councillor Rosie Nicola, who wants the tenfoots gated, said: "A key worry that residents and indeed the three ward councillors had was that, if the tenfoots were dec- lared private rights of ways (Prows,) it would mean residents would be unable legally to access their tenfoots with motorised vehicles, or that Council refuse lorries would be unable to travel along tenfoots.
The Planning Inspectorate officer has indicated that this is a misunderstanding of the legislation and that private rights will not be altered by the granting of a Prow.
This applies not only to landowners, but their contractors such as Hull CC when we are collecting rubbish.
That, at least, is some reassurance in terms of the anxieties many local people have.
