LEWES MAGISTRATES have used brand-new powers to order illegal obstructions on a path across the East Sussex estate of millionaire Nicholas van Hoogstraten to be cleared.
Rarebargain Ltd - the company registered as owning the land over which the 140-year-old path runs - has been fined a total of £4,000 for the obstructions and was ordered to remove the barbed wire, locked gates and refrigeration units blocking the route by 17 April. A barn was also to be removed within six months.
Ramblers' Association spokesman Des Garrahan said: “It is extremely disappointing that this landowner continues to show such a complete disregard for the law. Equally disappointing is that, despite the Ramblers having done all the legwork, East Sussex council persists in ignoring its statutory duty to get the path clear."
The legal victory in March was the first case where magistrates had been able to demand a footpath be cleared following the introduction of new powers in the Countryside and Rights of Way Act 2000. Previously a magistrate could find a path illegally blocked but it was up to the local council to arrange for the route to be reopened.
Ramblers' Association Executive Committee member Kate Ashbrook originally took the case to court in January last year but, despite the magistrate declaring Framfield footpath 9 near Uckfield to be illegally blocked, East Sussex council failed to reinstate the route.
When the council last summer announced plans to divert the route rather than clear the blockages it received an unprecedented 4,000 letters of objection.
Kate Ashbrook, who brought the recent case to court, said: "This is an historic decision. It is fantastic that these new powers have already proved so effective at getting rid of such horrendous obstructions once and for all. Once the crisis over foot-and-mouth has abated, the public will once again be able to use an ancient route that has been selfishly and illegally blocked for over a decade."
Ramblers solicitor Jerry Pearlman said: "This decision sets a precedent for magistrates throughout the country faced with similar situations. It is a warning to those land owners and occupiers who have interfered with the proper rights of the public."
Rarebargain Ltd was been given 21 days to pay the fine.
All public paths in East Sussex are currently closed as a precautionary measure due to the foot- and- mouth disease and people will not be able to use the newly-cleared path until the restrictions are lifted.
