EXCLUSIVE Locals go to war over fears retired businessman's plan to build new snug at his £800,000 home in village with links to Shakespeare will block historic footpath

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  • Villagers in Wilmcote, Warwickshire, are up in arms over the plans to build a snug

It’s been a cherished walk from the village church to the canal for more than a century.

But the route just a stone’s throw from the childhood home of Shakespeare’s mother is allegedly under threat – from the chairman of the local parish council.

Some locals are concerned that Colin Ray wants to build a snug which they believe would block the right-of-way which passes through his driveway, goes beside his home and through a gate to the rear of the property.

The decision has left villagers in Wilmcote, Warwickshire, up in arms. They point out that the footpath has been there considerably longer than Mr Ray’s house – and said he should not have bought the property if they objected to the route passing through their land.

Mr Ray and wife Sue, 75, have successfully applied for a Lawful Development Certificate (LDC) to extend the existing snug at the side of their detached property. If the plans are delivered it will mean the footpath is effectively ‘stopped up’ – denying villagers access from Old School Lane, off the main thoroughfare through the village.

The route currently passes through the driveway of the couple’s home – built on the site of a former orchard – before passing under a canopy separating their home from an ‘annexe’ which is rented out as living accommodation. From there, the path, known officially as AL79, weaves between the two properties’ gardens.

It then follows the edge of the Rays’ land before eventually crossing a stream and joining up with the towpath of the Stratford-upon-Avon Canal. Around a quarter-of-a mile over fields to the north lies Mary Arden’s Farm, once the home of Shakespeare’s mother and now a school learning centre.

Colin Ray - who says he is following the proper planning process - wants to build a snug over the right-of-way which passes through his driveway

Colin Ray – who says he is following the proper planning process – wants to build a snug over the right-of-way which passes through his driveway

A sign at the gate states: 'You are entering private gardens via this auxiliary path. Dogs and children must be kept on the lead'

A sign at the gate states: ‘You are entering private gardens via this auxiliary path. Dogs and children must be kept on the lead’ 

Mr Ray and wife Sue have successfully applied for a Lawful Development Certificate (LDC) to extend the existing snug at the side of their detached property

Mr Ray and wife Sue have successfully applied for a Lawful Development Certificate (LDC) to extend the existing snug at the side of their detached property

Among those objecting to the planned extension on the council’s planning portal is Sarah Hession, a member of Wilmcote Parish Council alongside Mr Ray.

Mrs Hession wrote: ‘It is disappointing as a councillor on Wilmcote Parish Council that this application has not been highlighted to the parish council, especially as the applicant is the Chair of the parish council.’

She went on to say that she was commenting as a resident, adding: ‘This application appears to play down the blocking of the public footpath…Ignoring the extenuation of a public footpath to suit one resident is in my opinion morally wrong.’

Neighbour Annette Pharo told MailOnline: ‘Mr Ray wants to get rid of the footpath through his land and there are a huge amount of people who are not happy about it – especially as he is the Chair of the parish council.

‘The only reason he’s doing this is to block the footpath, but if he doesn’t like the footpath being there he should not have bought that house.’

She said that a small footpath signpost at the end of the Rays’ driveway was only installed last November after much lobbying from villagers – and after the original one was removed almost a decade ago.

The route currently passes through the driveway of the couple's home ¿ built on the site of a former orchard ¿ before passing under a canopy separating their home from an 'annexe' which is rented out as living accommodation

The route currently passes through the driveway of the couple’s home – built on the site of a former orchard – before passing under a canopy separating their home from an ‘annexe’ which is rented out as living accommodation

The route is just a stone's throw from the childhood home of Shakespeare's mother

The route is just a stone’s throw from the childhood home of Shakespeare’s mother

Annette Pharo (pictured) said a footpath marker on a tree within 78-year-old Mr Ray's driveway cannot be clearly seen from Old Moat Lane, which leads off Church Road

Annette Pharo (pictured) said a footpath marker on a tree within 78-year-old Mr Ray’s driveway cannot be clearly seen from Old Moat Lane, which leads off Church Road 

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Mrs Pharo, a teacher, said a footpath marker on a tree within 78-year-old Mr Ray’s driveway cannot be clearly seen from Old Moat Lane, which leads off Church Road – the main road through the village – to Mr Ray’s home.

There is also another sign at the back of his driveway on a fence beneath a canopy, but Mrs Pharo, 67, said that was often obscured by the wing mirror of Mr Ray’s car when it was parked outside.

Councils can grant a LDC to confirm that a proposed use of buildings or other land, or some operations proposed to be carried out in, on, over or under land, would be lawful for planning purposes under the Town and Country Planning Act 1990.

Fellow neighbour Sheila Rose, 82, moved to Wilmcote when she was 20 and said the footpath had been in continuous use throughout that time.

Mrs Rose and husband Winston, 84, have been in the Ramblers Association for 40 years and the retired supermarket worker said: ‘We just can’t understand why the chairman of the parish council is applying to do something like this.’

She added: ‘Lots of footpaths go through gardens. If you do the right thing and go through in single file then hopefully you’re not trampling on anything.

‘We do get a lot of walkers and dog walkers out here because it’s so nice and there are so many footpaths.’

Fellow neighbour Sheila Rose, 82, (pictured) moved to Wilmcote when she was 20 and said the footpath had been in continuous use throughout that time

Fellow neighbour Sheila Rose, 82, (pictured) moved to Wilmcote when she was 20 and said the footpath had been in continuous use throughout that time 

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Walkers following footpath AL79 out of the village have the option of joining up with the towpath and then looping back into Wilmcote, continuing on towards Stratford-upon-Avon or heading in the other direction towards the village of Snitterfield.

Some locals are concerned that if the section of the path running through the council chairman’s land was effectively ‘stopped up’ as a result of the proposed snug extension, walkers heading towards the village would have to use a spur which runs off the path at the point where it passes through screens of shrubbery between the Rays’ garden and that of the ‘annexe’ next door. That path then runs through three private gardens before eventually emerging further down Church Road.

One of those homeowners, Martyn Hunt, 78, said he bought the land his house now stands on almost 50 years ago in full knowledge the footpath, recorded as AL79a, was there. He added: ‘One has to live with it. I could fence it off but I don’t want my garden to look like a stable yard.

‘Instead I’ve decided to embrace the path and I talk to the people that pass through. Walkers enjoy looking at the garden.’

The retired plastics engineer said his wife Liz, also 78, would ‘often offer thirsty ramblers a cup of tea’ as they wandered through.

He added: ‘We used to be in a walking group and went all over the Cotswolds. You can’t be hypocritical about these things.’

The footpath squeezes between his property and that of next-door neighbour Ted Mander and his wife Magaret, 88.

Mr Mander, 90, said he has lived in Wilmcote all of his life and path AL79 was ‘old when I was young’.

Mrs Rose and husband Winston, 84, have been in the Ramblers Association for 40 years and the retired supermarket worker said

Mrs Rose and husband Winston, 84, have been in the Ramblers Association for 40 years and the retired supermarket worker said

The retired mechanical engineer said AL79a – which runs along the edge of his garden – was only made an official footpath during his lifetime. It was introduced to aide access to the village sewerage tanks and allotments, which are no longer in use.

Mr Mander, who served as Wilmcote Parish Council chairman for 24 years himself, said: ‘The path was there when he (Mr Ray) bought his house.’

In granting the LDC in January, Stratford-on-Avon District Council said this ‘does not remove the need to comply with any other legal requirements’.

A decision notice sent to the Rays’ agent added: ‘It is noted that the proposed development extends over an existing public right of way. This certificate does not override the need for a legal order to divert/extinguish the right of way.’

The Rays had previously submitted a full planning application to ‘link the main dwelling to the existing annex’ by extending the snug underneath the existing canopy. The parish council raised no objections but the application was withdrawn in November. The couple, who have lived at their sprawling home for more than three decades, were granted the LDC in January as the proposed extension was considered to comply with ‘permitted development’ rules.

Mrs Pharo, 67, stood outside the picturesque home in Wilmcote, Warwickshire

Mrs Pharo, 67, stood outside the picturesque home in Wilmcote, Warwickshire

In a statement to the Mail, Liz Butterworth, Clerk to Wilmcote Parish Council, said: ‘Councillors do not have any privileges, they are governed by the same planning rules that apply to everyone else, no discrimination.’

Section 257 of the Town and Country Planning Act 1990 allows local authorities outside of Greater London to make orders to divert or extinguish public rights of way. These orders enable development which would obstruct public paths if it already has planning permission.

But if a completed development is found to have obstructed a path without a prior order to divert or extinguish it, the planning authority can order the development to be knocked down.

The Ramblers Association said: ‘Public footpaths are important community assets, which give people the opportunity to go out walking close to home. ‘Many paths have been used by communities for decades, or even centuries and there are laws in place which prevent companies or individuals from developing over public rights of way. Local residents can object to path closures or blockages and the Ramblers will often step in to support communities with legal advice, to help people protect their cherished local paths. If people continue to use this path, as they have done for years, it’s unlikely it could be legally closed.’

Warwickshire County Council said: ‘From a Rights of Way perspective, we can confirm that we objected to the proposed planning application to extinguish part of Footpath AL79. This was sent to Stratford District Council on January 3.’

Mr Ray did not return requests for comment. But he previously told the Stratford Herald: ‘I’m following the proper planning process and there’s nothing underhand.’