THE COURT of Appeal today handed down a stunning victory to walkers everywhere in the controversial case of Kate Ashbrook versus East Sussex County Council, over the so-called ‘Hoogstraten path’.
‘This is a victory for fighters against footpath obstructions through the length and breadth of the country, not just a humiliation for East Sussex County Council,’ said Kate Ashbrook who led the Ramblers’ Association’s campaign to re-open the 140-year-old right of way designated Framfield 9 near Uckfield.
Miss Ashbrook, speaking on the announcement on Wednesday 20 November 2002 that the council’s decision to divert the path had been quashed by the appeal court, went on: ‘The essence of the court’s decision is that the county council should have considered removing the obstructions on the path. These were a barn, refrigeration units, padlocked gates and a barbed-wire fence. Instead the council decided to appease the landowner* by changing the route of the path to avoid the obstructions.’
‘Unfortunately this is the timorous line too often taken by highway authorities (mostly county councils) when an obstruction looks difficult.’
‘The appeal court’s decision shows what an expensive mistake this can be. East Sussex County Council has so far spent £25,000 of public money trying to escape its obligations in the courts. The Ramblers have quotes from construction firms to show that the cost of clearing the path would be a mere £4,400.’
East Sussex County Council was sharply criticised by the appeal court for ignoring a decision by Lewes magistrates’ court, which made an order for the removal of the obstructions, and flouting its own publicly-declared policy of removing obstructions whenever reasonable.
Summing up, Miss Ashbrook said: ‘If East Sussex - and many other county councils - spent as much time and council-tax payers’ money defending public rights of way as they do helping path-blocking landowners, walking in the English countryside would be more pleasure and less pain.’
‘And of course East Sussex totally failed in its statutory duty to secure the use and enjoyment of a public footpath for the public.’ (section 130 of the Highways Act 1980).
ENDS
For further information please contact the Ramblers’ Association Press Office on 020 7339 8500 / 07801 749 385 or Kate Ashbrook on 07771 655 694 / 01491 573 535
Editor’s Notes:
*Rarebargain Ltd, a company in which Nicholas van Hoogstraten, now gaoled for manslaughter, had an interest and who owns the partially built Hamilton Palace on adjacent land, owns the land crossed by the path. Rarebargain is now in liquidation.
Kate Ashbrook, who is also general secretary of the Open Spaces Society, was represented in the Court of Appeal by George Laurence QC and David Wolfe of counsel, and Brooke North solicitors.
Update on footpath
