Alresford Rugby Club caught in access dispute at Arlebury Park

Alresford Town Trust has started legal action against the town council over the route from Arlebury Park.

Caught in the middle, the dispute could result in club members being legally unable to access the pitches from the main entrance. The club has hundreds of junior members and 60-70 senior players.

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The trust hopes the action will persuade the town council to discuss the matter and says it needs to "regularise" access and update the right of way agreement with the town council that dates back to when Arlebury Park opened in 1980.

It says that when the town council acquired the land and built the pitches some 10 years ago no checks were made to ensure that they had the right of access to this land locked area. The issue only came to light in early 2021 when the Town Trust and Town Council were discussing maintenance responsibility for the access from The Avenue.

Roy Gentry, town trustee and town councillor at the time of the land acquisition, said: “I recall no discussions regarding access to this land at the time and there was certainly no documented or minuted issue by either the Town Council or the Town Trust.”

Mr Gentry says the council has refused to discuss the matter.

This has led to the Town Trust commencing legal proceedings to stop access to the rugby pitches and adjoining land. It says that not to do so would hinder its ability to control unsuitable access in the future. In particular the Trust is concerned that not to regularise the access agreement could allow unfettered access across the land for commercial or housing development.

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Robin Atkins, chairman of the trust, (pictured, above) said: “The Trust has no desire to prevent people enjoying this land but the town ouncil has refused numerous requests to discuss and regularise this matter and the commencement of legal action seems to be the only avenue left to bring the town council to the table. We are very happy to put the legal proceedings on hold when the Town Council enters into immediate meaningful discussions to resolve the matter and we will turn a blind eye to people accessing and using this area while these discussions continue and are finalised.”

The Town Trust is also seeking some recompense for the use of the access during the construction of the rugby pitches which is standard commercial practice where there is no documented access agreement.

John Weston, chairman of the rugby club, declined to comment but referred the Chronicle to a statement on the club website. It said: "Alresford Rugby Football Club (ARFC) has been sent a letter by Warner Goodman LLP, the solicitors acting for New Alresford Town Trust (NATT), chaired by Mr Robin Atkins, informing us that their client NATT requires ARFC to take several immediate steps, the first of which is to update our website 'to give notice that, from this date (16th August 2022) no access is permitted across our client's land from the Avenue to the NATC owned land for the purpose of accessing either the Rugby club designated changing rooms or the Adjoining Land.'

It continues: "The "Adjoining Land" is the land purchased by NATC on which, ARFC developed its pitches. The solicitors' letter also contains the following threat: 'Please be advised that unless your use of the right of way to gain access to the Adjoining Land does not immediately cease, we are instructed to issue injunctive proceedings against you. In the event that such proceedings are necessary, we will also be seeking our client's damages and costs.'

"ARFC would like to remind ALL USERS of its pitches, which includes all of our playing and social members, our 100+ minis and their parents; all of our opposing teams, Perins School, Winchester University and Hampshire RFU representative sides (under-16, -18 & -20), plus all of their respective opponents; all of our supporters, sponsors, casual users of our pitches, such as dog walkers etc. that in order to comply with NATT's requirements ANYONE accessing the Adjoining Land must do so from the river walk alongside the River Arle, either from The Dean or Drove Lane or by walking through Arlebury Park then stepping through the gate that gives access to the river walk."

The town council, in a statement on its website and Facebook, said: "The Right of Way is located on The Avenue and is the driveway to Arlebury Park. This land is owned by New Alresford Town Trust and maintained by New Alresford Town Council. Access to Arlebury Park is unaffected by the Right of Way issue which only relates to the Rugby Pitches.

"New Alresford Town Trust raised the issue in April 2021, since this date the Town Council have sought professional advice and continue to be in communication with the Town Trust legal representatives. The Town Council have taken all reasonable steps to bring this matter to a close, and continue to do so for the benefit of the residents. In light of the ongoing communications and the threat of legal proceedings against it by the Town Trust the Town Council does not feel it appropriate to comment further at this time."