THE legality of adding a footpath, ‘dog proof’ fencing and screening at Battlemead Common east field has been called into question by opposition councillors.

Earlier this month, Royal Borough senior members approved the “polarising” plans, which were three years in the making, for new public access to the field that was once closed off.

It is said this new footpath with the fencing will reduce the impact on the east field from people and their dogs during the summer months, preserving, as well as enhancing, biodiversity and wildlife at the 110-acre Maidenhead field.

Five opposition councillors, John Baldwin, Mandy Brar, Karen Davies, Geoff Hill, and Simon Werner, called for this decision to go to a communities overview and scrutiny panel on Monday.

READ MORE: "Polarising" footpath plans at Battlemead Common approved

They feared cabinet will be steamrolling through the footpath plans without submitting a planning application, which they say could breach planning law.

Cllr Hill said: “This path does not have planning permission and if it is implemented without planning permission, it in fact goes against planning policy and the law and will in fact be illegal.

“For the borough to do such a thing is a horrendous act because it actually sets a precedent for everybody else.

“In fact, they wouldn’t get away with it, but the borough must not be seen to get away with breaching planning law and policy.”

Other concerns centred around cabinet not considering environmental laws and the Royal Borough’s climate policies to protect wildlife and biodiversity, and that the path and fencing would “destroy” the field whilst “contradicting” the Royal Borough’s climate change strategy and emerging biodiversity plan.

Cllr Donna Stimson

Cllr Donna Stimson

The lead member for climate change, sustainability, parks and countryside, Cllr Donna Stimson (Con: St Mary’s), said they have taken “extensive” surveys and sought independent advice on protecting the biodiversity and mitigating harm from the footpath.

She stressed the fences and screening are ‘dog proof’ and will take some time for man’s best friend to dig under the fencing.

Cllr Stimson said: “It’s so difficult because it feels like we’re not pleasing anybody. Some people wanted it not to be open at all [and] some people wanted it to be open completely.

“But this is what we feel was right and the decision we have come to. We believe that biodiversity will be protected and, in due course, enhanced.”

Senior councillors want to add a footpath on the east field, which has been closed off to the public

Senior councillors want to add a footpath on the east field, which has been closed off to the public

Meanwhile, Chris Joyce, the council’s head of sustainability, added the previous use of the land has ‘degraded’ to a point where it no longer meets the rural environment and rural communities act. He also said it doesn’t set a requirement for public access.

It was heard by officers the path and fence do not require planning permission. However, there have been two planning applications at Battlemead in the past that have been withdrawn, which include implementing a car park and changing the land’s use from agricultural to be used as public space.

READ MORE: Ryan Reynolds watches his Wrexham team in Maidenhead

Scrutiny panel members Catherine Del Campo (Lib Dem) and Helen Price (TBF) wanted to refer the decision back to cabinet for reconsideration with the concerns attached.

But that was rejected by the three Conservatives on the panel who favoured ‘taking no further action,’ which means the footpath will take immediate effect.