Highways chiefs have given an undertaking not to carry out work on a track at the centre of a dispute over public access.

But the dispute could end in a costly public inquiry.

Ballaseyr Stud Ltd went to court on Friday seeking an injunction against the Department of Infrastructure.

The DoI has been working with the Green Lane Users Group on a scheme to open up the Donkey Track in Andreas for use by walkers, horse riders and mountain bikes - and potentially any motorised vehicle up to 500kg.

But landowner Ballaseyr Stud insists there is no record of the unclassified U72 Donkey Track having ever been a public highway maintained at the public expense.

The track does, however, appear on the office highway record map of 1986 when responsibilty for it passed to the department.

Ballaseyr believes its appearance on that map is a mistake.

In court, the company withdrew its application for an interim injunction after the DoI agreed to give an undertaking pending determination of the U72’s status.

The undertaking, which takes effect immediately, states the department will not carry out an clearance or improvement works and will instruct GLUG to cease any work.

A public notice agreed between the parties will also be issued.

This will state the any person who carries out work on the track may be committing an offence and may be accused of trespass.

The court heard that the track is overgrown and impassable for walkers, let alone vehicles - and potentially has not been used for 150 years.

There was concern that following publicity over the case, members of the public might try to wander along the track.

Advocate for the government Kieron Murray said there was concern about the wording of the proposed injunction which stated that the department must not enter the track.

He said the DoI was concerned this would mean existing public access rights being closed down.

But advocate for Ballaseyr, Fletcher Craine, said his client does not recognise there are any rights of access.

Deemster Andrew Corlett heard that the dispute could be resolved by means of a Tynwald-approved public inquiry like the one conducted in 2009 into the re-routing of the coastal footpath at Langness by TV’s Jeremy Clarkson.

Alternatively, the department could bring matters to a head by issuing a section 43 notice under the Highway Act about the obstructions put in place by the landowner.

These obstructions include no entry signs and a mound which was erected about a year ago.

The DoI could also have appealed the injunction notice in the high court.

GLUG says the Donkey Track is its ’poster project’.

Its says it volunteers have been working on it with the full backing of DoI, DEFA and the previous owners of the land for close to 10 years.

Tycoon Trevor Hemmings is a director of Ballaseyr Stud Ltd which took ownership of the track when it acquired the 185-acre Ballavarry Farm in October 2018.

The Donkey Track runs between Bernahara Road and the A17.