Couple's Shropshire tea room dream shattered after losing legal battle

Roy and Una Leigh say they are facing financial ruin after being ordered to pay tens of thousands in costs following the dispute with Cleobury Mortimer Parish Council.

The couple bought The Old Library building on Church Street from Shropshire Council in 2012, but ever since have been involved in a bitter feud with the council over use of their land which runs next to Cleobury Parish Hall next door.

The couple claimed users of the parish hall were coming out of a side door onto their land, sometimes drinking, smoking and even urinating, with bins and building materials also being stored on their property.

However, at tribunal it was judged that there was a right of way for the Parish Hall down that section, and the couple were slapped with £34,000 costs bill.

Dorothy McBride, locum clerk for Cleobury Parish Council, said the path between the two buildings had been used for many years by the infirm and elderly to get to the rear of the building, and for filling the heating oil tanks at the hall, but that the Leighs had denied access.

She said the couple were advised of the costs risk of proceeding to tribunal, but agreed to do so anyway. A lesser sum of £22,000 has now been agreed between the two parties.

Roy, 60, a computer technician and antiques dealer said he and Una, 58, had dreamt of starting an antiques showroom and tea room but they would now have to sell up.

He said: "All in all this has been a horrible experience, and what started out as a fulfilment of our dream has been four years of constant harassment and interference and the wrecking of our plans. The matter of a right of way to the back gate alone could have been simply and amicably settled without them taking us to a tribunal at immense cost.

"Our hopes and aspirations are shattered – we will never be able to realise our dream now and are facing financial ruin. The ironic thing is that the Parish Hall has now put in a disabled access at the front of the building, thus negating the need for wheelchairs to use the piece of land in question, and they have removed all their bins and rubbish."

Ms McBride said Mr and Mrs Leigh had padlocked the gate accessing the right of way, so the council applied to the Land Registry to formally register it, which the couple also opposed, hence the matter going to tribunal – where it was ruled there had been access to the building via that route for 70 years, and it should continue.