CONTENTIOUS work on a path which is part of a multi-million pound foot and cycle link with Worcester city centre has started.

Barneshall Avenue footpath, linking nearby St Mark’s Close, is to be widened and resurfaced at a cost of £50,000 despite opposition from several nearby residents.

Those residents have tirelessly campaigned against the works by the county council and sustainable transport charity Sustrans, claiming both groups have walked all over their rights in pushing through the changes.

They have always claimed cyclists have no access rights to use Barneshall Avenue because it is a private road, which its residents are responsible for, and say works should not be starting.

Residents have complained to the Local Government Ombudsman claiming the council is guilty of maladministration in the process.

Peter Scott, of Parkinson Wright LLP, is representing some of the residents and says the council is in the wrong.

“There are statutory procedures to convert a public footpath into a cycle track under the Cycle Tracks Act, but the county council will not follow it."

He believes what the council is doing is “completely unlawful”.

However, engineers were due to start alterations, with the footpath shut for five weeks.

The works will transform the alleyway into a 3m wide path split for use by cyclists and pedestrians. It will form part of the extensive Connect2 links aimed at boosting walking and cycling across the city and creating a safe unbroken route into the city centre.

The pathway and cycleway will eventually link up with the new £2 million foot and cycle bridge at Diglis, linking Diglis and Lower Wick. It is due to open in July 2010.

Coun Derek Prodger, county council transport chief, said: “The view of our officers is that there’s no reason why the work can’t begin.

“These works are essential to provide greater accessibility for walkers and cyclists, and so help reduce traffic congestion within the city and providing residents with safe and sustainable travel choices.

“I am pleased work can now begin, delivering the connecting walk-cycle links that local people voted for.

“The new Diglis Bridge and additional links will increase freedom of movement around Worcester and will improve our quality of lives through cost savings, reduced congestion and improved health.”