The land lies close to the Battle of Britain Memorial at Chapel-le-Ferne, near Folkestone. Photo: Helmut Zozmann CC-BY-SA-2.0

A court has ordered a landowner to allow the public on to land that had been fenced off.

Kent County Council took John Button to court to force him to restore access to a historic area of cliff-top land near Folkestone.

The 5¼ha (13-acre) area is designated open access land under the Countryside and Rights of Way Act, but Mr Button erected a 2m fence to keep out the public at the site, which was a Second World War gun battery and underground hospital.

The land, on top of cliffs at Capel-le-Ferne, is close to the Battle of Britain Memorial. Mr Button bought the land for a reported £140,000 in 2009 and closed off the area, to protect what he said was a nationally important historic site.

He has been excavating the area to try to uncover some of the tunnels on the site, with a view to turning it into a tourist attraction.

The county council has repeatedly tried to get the landowner to open up access points, without success.

Magistrates ordered all obstructions on the site to be removed within 60 days.

The case is believed to be the first by a local authority under the CRoW Act.

Ramblers welcomed the verdict, saying open access land should be open for the public to use for recreation and enjoyment.

Margaret Lubbock, chair of White Cliff Ramblers, said: “This is great news for walkers as it means that the public will again be able to enjoy this piece of Kent countryside.

“Open access land is there for everyone to use and it is sad that the entire 13 acres of this site have been fenced off for the past two years.

“We are pleased that the magistrates court saw fit to return this scenic and historic setting to the public.”