A PUBLIC inquiry into whether three footpaths on privately-owned land should be opened to the public is now awaiting a Government planning inspector's decision.

The footpaths lie within Marble Quarry, near Beetham, on land owned by Dallam Tower Estate.

An application to modify the definitive map was submitted to Cumbria County Council by Beetham Parish Council in 2011 based on the claims of residents who say they have used the paths, for more than 20 years, without challenge from the estate.

If the public uses a path without interruption or challenge for at least 20 years, a right of way is presumed to have been dedicated, even though the landowner made no formal dedication.

The county council agreed to make the changes and an order to modify the definitive map was approved by the development control committee.

But Dallam Tower Estate objected and the case was referred to the planning inspectorate with a hearing taking place at Storth Village Hall.

In his opening statement, Cllr Steve Yates of Beetham Parish Council said: "In the 16 years I've lived in Beetham I, and many of my neighbours, visitors to caravan parks and lodges, as well as day trippers, have all used the paths in question without force or secrecy and without express permission from the estate.

"The paths are used extensively as much as is apparent from the paths themselves, these are not paths that are used on a seldom basis."

George Laurence QC, representing Dallam Tower Estate, pointed out that the paths had never been open to the public.

And he maintained that the paths had not been used uncontested for the required 20-year-period

Dallam Tower Estates also maintains other measures have long been in place to discourage public use of the paths in question, including the presence of a number of signs, blocked entry points, waymarking of existing paths, and installing 'private no public access' signs.

A decision is expected in the next eight weeks.