Campaigners win the right to walk through Coldblow Woods in Deal after footpath was made legal at appeal
Published: 09:57, 13 March 2020
Updated: 10:48, 13 March 2020
Campaigners who fought to keep a wooded area open to the public have racked up a victory by getting a designated footpath declared.
Since 2012 Coldblow Woods in Deal have been the subject of a bitter dispute between landowner TG Claymore UK Ltd and members of the specially formed Save Coldblow Woods group (SCW).
The dispute began that September when Claymore's southern section of the former Ministry of Defence land was fenced off with barbed wire, and new signs from the defunct Ringwould Cricket Club told people to stay out.
It prompted a seven year legal effort that included a failed application for the land to be classified as a village green.
That failure in May 2015 came after a public inquiry in June 2013 despite the testimonies of people claiming continual and uninterrupted use of the woods for over 20 years.
SCW's evidence included the time when the Royal Marines used the land for sport and fitness before selling the north section to a company owned by the Ledger family in 1978 and the south section to a a Mr Luckhurst in 1992.
Despite ruling against the campaigners, the inspector's report referred to "a clear footpath through the woods." This point prompted an immediate application to KCC to update maps of the area and specifically declare the route a public right of way footpath. But the authority rejected this last February (2019).
The group's subsequent appeal, granted and made public last Thursday, was decided on a point of common law - that there was an intention or a presumed intention to dedicate the way as a highway by the MOD.
SCW chairman Roger Chatfield, told The Mercury: "Our argument was there was a very clear track running through the woods.
"The marines welcomed us, never locked the gate and left equipment for local children to play on.
"In these cases, the longer the use goes on for, the more the onus is on the landowner to express if they don't have an intention for it to be used as a freeway. That was never expressed by the Marines, so the public had the presumption it was to be dedicated as a freeway."
SCW's evidence included statements by Ex-Royal Marines and members of the public. "Some of the evidence went back to 1948," he said.
Mr Chatfiend argued that repeated cutting of the fence illustrated the public's view that the land is a right of way.
From Thursday, KCC has been instructed to record a new footpath running through Coldblow.
A spokesman for KCC’s Public Rights of Way and Access service said: “We will make the order as instructed and await further developments.”
Mr Chatfield said: "We must give especial thanks to Elaine Sherratt, solicitor, of Kent Law Clinic and to the students of the Faculty of Law at Kent University. They have been at our side for the last seven years and their assistance has been invaluable. Special thanks too to all the witnesses who filled in the preliminary evidence forms, gave witness statements and provided photographs. The Inspector’s decision was based on your evidence.
"The landowners have the right to a public inquiry but otherwise we now have a lovely official path through woodland protected by a tree prese."
Nicholas Fielding of CJ Claymore UK Ltd declined to comment.
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Beth Robson