A FIVE-YEAR battle over public access to a sealed off footpath is a step nearer conclusion following a two-day public inquiry at Louth Town Hall.

Michael Lowe, a government-appointed planning inspector, will now decide if the path, which goes from the garden of 22 High Holme Road to Kiln Lane and Northgate in Louth by the side of the Co-operative, is a public right of way.

The inquiry heard claims of threats of violence against owners and criminal damage of properties adjoining the path.

However, some people claimed to have used the path for many years while the nearest residents insisted those who used it were trespassing.

After a period of vandalism and abuse, the footpath at 22 High Holme Road was finally sealed off with a security fence in 2007 by the new property owner Mark Evans, which angered people living in the High Holme Road and Welbeck Way area.

Louth Town Council applied to Lincolnshire County Council for the footpath to be added as a public right of way on the definitive map.

The council has to prove the footpath was in constant use for at least a 20 year period running from 1987-2007.

The footpath is not shown as a public right of way on any deeds but was referred to as an 'occupation lane' possibly giving private right of way to allotment holders and to those working at the malt kiln.

The inquiry heard that the late Fred Lilley, a popular Louth man who had worked at Eve and Ranshaw and lived at 22 High Holme Road, battled with trespassers particularly following the opening of The Co-operative in 1989.

Patricia Hancock, Mr Lilley's daughter, said: "As well as the upset from trespassing, people dropped litter and caused damage. We found hypodermic syringes under our hedge, used condoms and human excrement."

She said there were gates and a sign and despite challenging people over the path, incidents continued including setting fire to Mr Lilley's wooden garage.

She said: "It came to a point where he did not dare challenge anybody."

Following the death of Mr and Mrs Lilley, the property was bought by Mr Evans who sealed off the entrance in 2007.

He told the inquiry: "I have no doubt Mr Lilley allowed people to use the path but these were immediate neighbours, people whom he knew and people he considered to have access by their deeds. It is a local legend that the path is there for the general public to use. In the end he could not stop people going on the land without totally blocking it and he was fearful of retribution."

Neighbour Richard Robinson maintained it had not had 20 years uninterrupted usage and when problems got worse, he received threats of violence. But some users claimed to have used it for many years, unchallenged.

The decision over the path will announced after May.