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Public opinion ignored over van Hoogstraten path

8 November 2000

EAST SUSSEX County Council has ignored thousands of objections and is going ahead with a proposal to divert a public right of way that crosses a millionaire's country estate. Framfield Footpath 9, a 140-year-old path, is blocked where it crosses millionaire landowner Nicholas van Hoogstraten's Sussex property.

The public's response to an earlier consultation easily exceeded any other that has been carried out in Britain.

The council freely admits that the diversion order has been made "in the interests of the landowners" and not the public. Having stood by and done nothing for over 12 years it is unforgivable that it has chosen this course of action as an easy way out of dealing with the situation. It has consistently failed in its duty to assert and protect the public's right to use all paths and is now supporting the landowner who has broken the law by obstructing the path with a locked gate, barbed wire, refrigeration units and a barn. At a court hearing in January 2000 magistrates found Rarebargain Ltd - the company to whom the land is registered - guilty of illegally blocking the path and issued a £1,600 fine. However at the time only the council could order the removal of the obstructions.

Throughout this sorry tale East Sussex County councillors have behaved in a thoroughly fainthearted and cowardly manner. All along the Ramblers' Association has opposed the diversion in the interests of the public's right to walk a footpath that should be protected under the law.

In proposing this diversion the council have removed the original ‘zig-zag' part of new route that appeared in the consultation but have left the obstructions still in place. The consequence of this diversion proposal is a lengthy public inquiry sometime in the future - an inquiry that would have been entirely unnecessary had the council had the courage to support public opinion and clear the obstructions.

Des Garrahan, Ramblers Footpath Campaign Officer, said: "We are extremely disappointed the council has chosen to go ahead with this unsatisfactory diversion in the interests of the landowner, despite over 5,000 objections from the public, including hundreds from local residents.

"The council has an obligation to tackle path blockers on behalf of the public. They have clearly failed in this duty, and naturally we will be objecting to the diversion."

The closing date for objections is 24 November.