A LEGAL battle is breaking out between New Milton Town Council and a householder who wants to build a driveway across common land.

Paul Mortlock, of Solent Drive, Barton on Sea, obtained planning permission from New Forest District Council for a garage in his back garden, with access from Meadow Way. He has started work on the driveway, which crosses a strip of common land that the town council claims it owns.

At a council meeting, Councillor Ben Earwicker said that he had visited the site and was annoyed to find that a ditch had been filled in and undergrowth cleared.

Town clerk Graham Flexman said that the matter was already in the hands of the council's solicitors.

Councillors voted to tell the householder to cease work. They also agreed to seek further legal advice.

Mr Mortlock said that the shrubbery he cleared before installing a new fence and gate belonged to him.