Court battle over wartime hospital site
Comments |
John Button said
he fenced off the site while it is made safe
by Martin Jefferies
A man who has spent £200,000 clearing
the site of an underground hospital used in the Second World War is
being taken to court by Kent County Council.
John Button wants to restore a historic piece of land at
Capel-le-Ferne, close to the Battle of Britain Memorial, which has
been designated open access land under the Countryside and Rights
of Way Act.
However, he has been locked in a row
with ramblers and dog walkers after insisting one of two footpaths
that cross the site remains closed until various tunnels and shafts
can be made safe.
Mr Button, pictured left, said the site was inaccessible
until he started clearing rubbish, weeds and stinging nettles from
the site, which he purchased for around £140,000 in 2009.
He plans to remove a fence he put up around the site - known as
the battery site because it housed three big guns during the Second
World War - once work has been completed, but Kent County Council
said access must be restored immediately.
The battle is now heading to court, with magistrates in
Folkestone set to hear from both sides next Tuesday.
Mr Button, who considers the land a "gift" to the nation and has
kept a second footpath across the site open, fears a vital piece of
wartime heritage could be lost forever if the court rules in favour
of restoring access.
The site has been fenced
off
He said: "It's very important that we preserve this site.
There's so much history there that still hasn't been uncovered.
"We've not actually managed to get into the hospital yet. We've
tunnelled down as far as the entrance, but we just don't know what
we'll find inside.
"It's surprisingly dry down there and lots of the tunnels and
buildings underground are all in good condition, just as they were
during the war."
He added: "We want to preserve this land for future generations.
We think it would be a great tourist attraction which would
complement the Battle of Britain Memorial next door."
Rob Riddle, from the White Cliff Ramblers, said: "Open Access
Land is there for the public to enjoy and it is sad that Mr Button
has fenced off this entire 13 acre site for the past two years.
"Even if work is being undertaken we
see no reason not to allow responsible access to the remainder of
the land. The full facts giving rise to this case will no doubt be
disclosed at the hearing."
Cllr Mike Hill, KCC's cabinet member for customer and
communities, said: "Following complaints from members of the public
and Natural England, Kent County Council is applying for a court
order to remove access obstructions to public land at Capel Battery
on the cliff top at Capel-le-Ferne.
"People have
a right to enter the land for recreation as it is Open Access land
under the Countryside and Rights of Way Act 2000. The North Downs
Way National Trail runs across it. It was designated Open Access
land prior to the landowner's purchase and KCC has a responsibility
to ensure the public rights of access are available.
"KCC has been involved in extensive discussions with the
landowner about removing obstructions to the land and providing
points of access for the public and time has also been given so the
landowner can apply to Natural England for lawful restrictions to
the site.
"In the last 36 months, the landowner has been served two formal
notices to entry points for the public to access the land. Both
notices were not complied with. The landowner appealed to the
Planning Inspectorate for the second notice but was refused appeal
as it was made on invalid grounds."
A KCC spokesman added all channels have now been exhausted,
leaving no option but to pursue the case in court.
Tuesday, January 24 2012
The KM Group does not moderate comments.
Please click here for our house rules.