KENNET councillors considering an application for a new house at Silver Street, Potterne, have been warned by assistant district solicitor, Adrian Truss, that if they grant planning permission for a footpath at the site, they could be liable for any injury suffered by pedestrians using it.

The solicitor brought the case of Kane versus New Forest District Council to the attention of councillors considering the application at last week's regulatory committee meeting.

In the case, heard at the Appeal Court in June 2001, the claimant, Sean Patrick Kane, was struck by a car after emerging from the footpath, constructed against the advice of the highways authority ten years before.

The district council was held to be negligent and responsible for Mr Kane's injuries.

In the light of this case, the planning officer recommended refusal of the application. But councillors disagreed that the case had any bearing on the application, although the only vehicle access to the site is along a narrow public footpath.

Local member Coun Clyde Hoddinott said he was unhappy with the planning officer's reasons for recommending refusal but, in light of the legal precedent brought to members' attention, he felt councillors' discussions on the proposals would be fettered by the legal implications. Coun Ray Taylor added: "There is absolutely no reason why this site should not be developed. Most traffic comes from Ryeleaze and not Silver Street."

Councillors agreed to defer any decision until they had visited the site.