Ramblers win access battle
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Ramblers have won a historic battle over access
to land adjoining the Battle of Britain memorial at Capel.
A court has told businessman John Button to remove obstructions he
put over two gates, preventing access to the battery site, so
called because it housed three big guns during the last world war.
He has been given 60 days to comply.
The site has been designated open access land under the Countryside
and Rights of Way (CROW) Act. This is believed to be the first case
of legal action taken under the act.
Mr Button, who says he has spent £200,000 buying and clearing the
site to make it a tourist attraction, put up a fence and blocked
off the gates, put up by the Kent County Council rights of way
department.
Yesterday the case was heard by magistrates at Folkestone, with
Andrew Hutchinson, KCC’s rights of way manger for east Kent, giving
evidence. The magistrates also heard from Mr Button, who lives in
Rochester.
The 60 days to remove the obstructions will allow Mr Button to
apply to Natural England, the government body which administers
open access land, for parts of the site to be exempt from open
access restrictions.
Mr Button’s son Martin said "We will be applying to get some of the
land exempt so that my father can carry on his important and
historic work on the site.|
"We just hope that 60 days will be enough. We had asked for two
years. If we cannot do what is required within this time, then my
father will have to leave the site as it is."
Margaret Lubbock, chairman of the White Cliff Ramblers - the south
Kent branch of the Ramblers’ association, which backed the court
action - said: "This is great news for walkers as it means that the
public will again be able to enjoy this piece of Kent
countryside.
"Open access land is there for everyone to use and it is sad that
the entire 13 acres of this site has been fenced off for the past
two years. "
Tuesday, January 31 2012
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