Council faces court action

A RAMBLER is taking East Sussex County Council to the High Court over its failure to remove illegal blockages from a pathway close to millionaire Nicholas van Hoogstraten's 30 million palace.

Barbed-wire fences, padlocked gates, refrigeration units and even a barn continue to block the path, on land belonging to Rarebargains Ltd, of High Cross Park Estate, Framfield, despite three court orders made last year to remove the obstructions.

Leading rambler Kate Ashbrook now claims the county council has failed in its legal duty to remove the blockages and is instead working with the landowner to move the path around the obstructions.

Lewes magistrates first ordered Rarebargain to unblock the path in March last year. Their decision was the first time powers under the new Countryside and Rights of Way Act 2000 had been used to order the unblocking of a footpath.

However, the company, of which Mr van Hoogstraten was formerly a director, failed to remove the obstructions. Similar orders, in July and November last year, were also ignored.

Ms Ashbrook, who is an executive committee member of the Ramblers' Association, said: 'East Sussex County Council has a legal duty to remove the obstructions under section 30 of the Highways Act 1980, but instead it is working with the offending landowner to move the path. Meanwhile, the council refuses to deal with the obstructions.

'I am taking the council to court for failing to carry out its duty. We shall ask the judge to rule that the council must remove the obstructions.

'The Countryside Agency's recent survey shows that one in four paths in England is obstructed or difficult to use. This is shameful, and many of these problems are because of councils' failure to act. I want to show local authorities that they cannot get away with neglecting their duty.'

The High Court case begins on Monday. A spokesman for East Sussex County Council said: 'We will be defending but we cannot comment until after the case.'