THESE boulders on a path near a York beauty spot have landed village leaders in a legal quandary following complaints from a disabled angler.

Poppleton Parish Council installed the two giant rocks on a bridlepath which leads to the popular piece of common land known as the lido to stop cars parking there illegally.

Locals complained that the cars, which have parked on the site for many years, were spoiling the attractive area, adding that the tranquil spot was also blighted by antisocial motorbike riders.

City of York Council bosses confirmed it was against the law for vehicles to travel on bridleways or park on common land, unless the driver had a private right of access.

But now paraplegic fishing enthusiast and disabled rights campaigner David Benson, 44, who has been visiting the lido since boyhood, said the rocks mean he can no longer drive on to the land and enjoy his hobby.

Tough new disability laws mean companies must take reasonable steps to make their premises available to all.

David, from Terrington, near Malton, who broke his spine when he was 26, said: "They've put these rocks on the land that has historically been open. Nobody who's got a disability or who's not very mobile can get down to the riverside, and there's no access for emergency vehicles.

"I learned to fish down there and I still enjoy fishing. It's one of the few places you can get a car to the riverbank in York. I miss it - I probably used to go there a couple of times a month. It's quite a special place. I think this is a bit of a knee-jerk reaction."

The parish council has now moved the boulders so they are five feet apart, to allow bridleway users such as horse riders to pass through.

But Mr Benson said he still would not be able to access the site on his wheelchair, despite the gap, as the ground was too bumpy.

Bill Lumley, chairman of York Amalgamation of Anglers, whose members often fish at the lido, said the group was "disturbed" by the arrival of the boulders which affected other disabled members.

Poppleton Parish Council chairman Peter Powell said: "We've got a conundrum. At the moment we're seeking legal advice with how to fit the Disability Discrimination Act with the path being a bridleway, and not allowing cars on common land.

"We haven't solved Mr Benson's problem. I don't think there's a choice that the boulders will stay there, because we've got to stop cars."

But local city councillor Quentin Macdonald said the issue was still open to discussion. "Nobody is in entrenched positions on this - it's an open issue," he said.

Updated: 10:37 Saturday, September 03, 2005