TWO pensioners, a developer and the county council are locked in an incredible battle over a few square feet of garden through which access must be obtained to service a group of luxury homes in a Forest village.

Jack and Barbara King, of Alpine Lodge, Ruardean, say they are determined to keep their garden, part of which is needed to gain access to the new estate of nine houses being built by Chelbury Homes, of Cheltenham.

The developers even accept the land may belong to the Kings but say that it is designated as part of the highway over which they have every right to build a road.

The county council say evidence clearly shows that some time ago the hedge at the front of the Kings' garden had been allowed to encroach over the public highway land – a claim strongly opposed by Ruardean councillor Andrew Gardiner who says he has equally strong evidence which contradicts the council's.

The matter is likely to end in court.

It is probable the Kings will take out an injunction to stop the developers putting a foot on the disputed land and it will then be up to a judge to decide the issue.

Meanwhile the county council is being accused by Mr Gardiner of 'bully-boy' tactics.

"I can only ask both the chief executive and the county council chairman to halt this nonsense being perpetrated on Mr and Mrs King because it can never be right for a county council to use taxpayers' money to acquire an asset for the benefit of a private developer," he said.

"Even the county solicitor needs more than just an opinion and he would be respected if he had the courage to admit that an awful mistake has been made, which is causing elderly parishioners in Ruardean much grief and heartache."

In "the interest of decency" Mr Gardiner says councillors should be asking a few more pertinent questions "before becoming nodding ducks."

A spokesman for Chelbury Homes said he had every sympathy for the Kings but there was clear evidence that at

some time in the past and before the Kings had occupied the property an encroachment had taken place.

"We feel very sorry for them and accept that they could even own the land. But there is an old saying that 'once a highway always a highway' and there is photographic evidence to prove it," he said.

This is disputed by Mr Gardiner who says there is not a shred of evidence to support the county council's claim.

In a statement to the Review the council says: "The county council has a statutory duty to maintain the rights of the public to use the highway. It is not the county council's role to support either Mr and Mrs King or the developers in this dispute but to present the evidence as we find it. We have now reached a stage where there is clear evidence to define the boundary of the highway.

"County councillors have now approved a move to the next stage which will involve entering into a formal and legal agreement with the developers to design and build an appropriate access road for the new houses which were built in accordance with the district council's local plan.

"This will obviously be disappointing for Mr and Mrs King and we are pleased that they have sensibly taken legal advice to assist them."

Meanwhile four of the houses on the £1.3 million development have been completed and it is hoped they will be occupied by early next year.

"We feel the development has been blighted by this whole issue," said the Chelbury spokesman.