Van Hoogstraten

'Van Hoogstraten' footpath re-opened

THE COUNTRY'S most notorious blocked footpath, the 'van Hoogstraten' path near Uckfield in East Sussex, is finally being re-opened for public use.

For the first time in 13 years, walkers are now able to use the path which crosses the country estate of Nicholas van Hoogstraten, the notorious property tycoon who labelled members of the public crossing his land 'peasants' and 'scum'. He had sworn never to allow walkers near the grandiose palace he was building on his estate.

But last month, Ramblers campaigner Kate Ashbrook, who has led a lengthy legal battle to get the footpath re-opened, cut through the barbed wire and padlocked gates blocking the path. Demolition crews then moved in to clear the right of way. A barn blocking the route has also now been demolished. Click here for the full story of the re-opening

Path opening photo gallery.

Background to the story

THE RAMBLERS' Association has been engaged in a legal battle to clear a blocked footpath on the estate of millionaire Nicholas van Hoogstraten for years. The 140-year-old public path on High Cross Estate, Uckfield, East Sussex, was illegally blocked with a locked gate, barbed wire, refrigeration units and a barn for more than ten years.

East Sussex County Council (ESCC), which has a duty to protect public paths, was alerted to the problem by a volunteer from the Ramblers when the path was first blocked. For more than a decade ESCC failed to reopen the path.

This is one of thousands of problems which litter the footpath network in England and Wales - with 25% of paths in England and 50% in Wales difficult or impossible to use. Many local authorities have failed in their duty to protect the public's right to walk in the countryside.

In January 2000 the Ramblers won a major court victory in East Sussex when Lewes magistrates found the registered owner of the land, Rarebargain Ltd, guilty of illegally blocking the path and issued a £1,600 fine.

In March 2001, magistrates used new powers under the Countryside and Rights of Way (CRoW) Act to order the removal of the obstructions. This order was ignored. ESCC already had the powers to clear the path but failed to do so.

Magistrates imposed further fines after landowners responsible for the blocked path failed to comply with the court order. Three subsequent Magistrate Court judgments imposed further fines on Rarebargain Ltd, including the maximum fine available of £15,000, and ordered the removal of the obstructions. To date the fines add up to £93,000.

For years, walkers called on ESCC to get the path open. Instead, the county council promoted a diversion of the path. Despite receiving 5000 objections to this idea - a record - the council continued with the order to divert the path.

Kate Ashbrook, Chairman of the Ramblers' Association Access Committee, instigated legal proceedings against East Sussex County Council, arguing that by refusing to clear the obstructions they had failed to comply with their own policy. The original High Court hearing failed, but, unusually, the judge gave leave to appeal against the decision. In November 2002 the council’s decision to divert the path was quashed by the appeal court.

In the meantime the path remained blocked, and the public continued to be barred from walking Framfield 9 with its spectacular views of the South Downs.

If you would like to join the Ramblers Association to support our work, please phone 020 7339 8500 or click here

If you would like to make a donation to help us with our work in England, Scotland and Wales, please call 020 7339 8500 or click here