Uckfield: Blocked path costs £15,000

Lewes magistrates had ruled that the path, on land belonging to Rarebargain Ltd, of High Cross Park Estate, Framfield, had to be cleared of the illegal blockages by April 17 this year.

Yet the court heard this week that the obstructions a barbed-wire fence, industrial refrigerators and locked gates had still not been removed.

The company, of which Mr van Hoogstraten was formerly a director, was fined the maximum penalty of 5,000 for each of the three offences.

It now has 21 days to pay. A fine of 4,000 imposed in March has still not been paid by the company.

Magistrate Linda Marsh said that Rarebargain had wilfully disregarded the court order, and added that the company, which was not represented in court, had failed to provide any mitigating factors for the failure to clear the path.

Representatives of the Ramblers Association, who brought the case against Rarebargain, welcomed the ruling but criticised East Sussex County Council for failing to take action as highway authority in clearing the path.

Kate Ashbrook, executive committee member of the Ramblers Association, said: This is a clear message to all landowners that if they obstruct a path they are in for a hefty fine.

The court s decision today is also a clear message to the county council that it is their job and duty to remove obstructions.

The protection and maintenance of the path is the legal responsibility of East Sussex County Council. However, the council has failed to respond to repeated pleas from the public to clear the route. The court has given a strong signal to the council to get rid of the obstructions once and for all.

Prosecutor Jerry Pearlman added: It is quite remarkable that a local authority sees an offence being committed and has the power to act and yet does nothing.

Representatives of ESCC were in court when we came here the first time and there were representatives in court today. We will find out in the next few days whether they will do anything.

However, an ESCC spokesman said the council was unable to clear the path because of ongoing legal action.

The spokesman said: An enforcement notice was issued in May 2000, but before it expired we received an application from Rarebargains for a diversion for the footpath.

We have to go through a legal process. We received 2,000 objections, mainly from ramblers outside the area.

The spokesman said these objections would have to go to the Secretary of State and a public inquiry would have to be heard before a decision could be made on whether the diversion was accepted.

Published: 5.7.01 Sussex Newspapers Ltd