residents battling to re-open a popular shortcut to Haslemere High Street are celebrating after it was declared an official right of way.

There was an outcry in February 2015, when a six-feet high metal fence was erected blocking the entrance from College Hill to an alleway through to the High Street.

But frustrated residents quickly discovered they had a battle on their hands to remove the barrier, because although the path had been used for many years, it had not been registered as a public right-of-way and so its obstruction was not illegal.

Fears it would be quite a struggle to discover if the historical ‘snicket’ could be legalised, proved to be correct, however, when the landowners of the small but critical part of the shortcut to College Hill, objected to Surrey County Council’s decision last November to create a new public right-of-way – Footpath 604.

The ‘alley war’ went to appeal and the case for and against was made at a two-day public inquiry at Haslemere Museum, which opened on November 30.

Last week, planning inspector Peter Millman delighted objectors by dismissing the appeal by landowners Peter Warner and Hamish Robbie and confirming the alley was now a public footpath.

Surrey County Council has also applied for costs to cover the estimated £10,000 bill for tax payers of defending and its decision at the inquiry, but that application will be decided separately.

The objectors argued signs erected at the entrance made it clear the alley was private property and its use of the path was by their permission and they had now legally decided to withdraw that permission.Supporters maintained the notices referred to the use of the car park and not the path running alongside it.

Dismissing the objectors’ legal argument, Mr Millman said: “It would hardly be surprising in my view, if pedestrian users of the route had not considered that the notices applied to them, if they gave the matter any thought at all. The objectors themselves took what seemed to me an extremely simplistic view of the wording of the notices, not justified by the relevant case law.

“I conclude none of the four notices, singly or in combination, taking account of the surrounding circumstances, would have brought home to the reasonable user that walking along the route was contentious. I have concluded the use of the route was neither contentious nor by permission, and was therefore ‘as of right’.”

A Surrey County Council spokesman said: “We are really pleased the Planning Inspectorate agreed with us that the evidence proved this is a public footpath.

“This well-used path will be re-opened once all the legal matters have been completed.”

Also celebrating, were the members of Half Moon Estate Residents’ Association (HMERA), who were most affected by the closure of the shortcut, living in Hill Road, Dene Close, Half Moon Hill, part of Park Road, The Orchard, College Hill and Museum Hill.

Association chairman Áine Hall said: “HMERA is delighted Peter Warner and Hamish Robbie have lost their futile appeal.

“Our residents’ pedestrian right-of-way and safe route to the town has been blocked by the actions of these property developers for nearly two years. We look forward to the metal fence being removed and the footpath being re-opened as soon as possible.”

The Haslemere Society led the application for a map modification to create a new footpath – supported by the town council.

Its chairman Jane Stopford said: “The Haslemere Society is delighted at the outcome of the inquiry after a difficult time. We trust the footpath will soon be reopened for the benefit of all in the College Hill area.”

Mr Warner and Mr Robbie said this week: “We have received the inspector’s decision. While we are disappointed by that decision we will of course respect it in full. It is our intention to open a gap in the fencing to provide access to the footpath as soon as it can be arranged.”