Villager in fight to keep ramblers out of his living room

A HOMEOWNER is facing a court battle to prevent ramblers from walking through his living room.

John Mitchell, a retired fisherman, built his four-bedroomed house in the village of Pitullie near Fraserburgh nine years ago. Residents and Aberdeenshire Council believe the detached villa blocks a 300-yard stretch of public footpath along the seashore.

It had been agreed to divert the path round Mr Mitchell's home after a lengthy legal dispute last year.

However, some villagers claim the deal was agreed without their knowledge and are preparing to launch a new legal bid to restore the old path route.

Pitullie resident Stanley Clark said: "This was an arrangement that was done behind closed doors. Maybe the council came to some kind of agreement with Mr Mitchell, but no-one else knew about it until this week.

"The community wants its path back and we're going to see what we can do to achieve that."

Mr Mitchell's house sits on a coastal path which runs from one end of Pitullie to the other. The council say it has always been a public right of way.

The authority also claims that Mr Mitchell, 69, was given planning permission on the condition that he did not build on a public right of way, but this was ignored. Legal documents allege he put up fences and laid down an upturned boat and garden ornaments to stop people using the path.

Aberdeenshire Council took the case following public complaints and an agreement was reached in April last year which saw Mr Mitchell build a path round his house to avoid having to demolish the property.

It is understood the matter was revived when a separate access dispute involving Mr Mitchell's sister was discussed at a public meeting and the issue of Mr Mitchell's property resurfaced.

Villagers will discuss restoring the original right of way at a public meeting tonight.

The furious row has divided the small community and the community council has had to be dissolved because of the disagreements.

Last night a defiant Mr Mitchell refused to accept that his home was in the way of the path. He said: "There has never been a right of way on my land. The council are wrong. They should not be saying that. The people in the village can do whatever they want as long as they don't come anywhere near my land.

"This issue came to an end last year as far as I am concerned. I won't be going anywhere."

A spokesman for Aberdeenshire Council said: "Litigation at Peterhead Sheriff Court ultimately resulted in agreement between the parties in April last year, on the basis of a compromise route which all parties agreed to through their legal teams."