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.