Kate Ashbrook: 'a milestone judgment'

A campaigner’s court victory in a rights-of-way battle is an example of people power, he said.

Alan Kind appealed to the High Court to force a council to take action after a cattle grid was installed across the full width of a bridleway in Northumberland.

Mr Kind, editor of Byway and Bridleway, the journal of the Byways and Bridleways Trust, argued that the grid was an obstruction to walkers, riders and cyclists, who had to leave the highway and use adjoining fields to get round it.

The bridleway at Capheaton, between Otterburn and Ponteland, was recorded as a public footpath until 2009 when the designation was amended to bridleway, following the discovery of ‘historical evidence’ about the route, which is said to be an old packhorse road of some importance.

Mr Kind, who uses the route, served a statutory notice on Northumberland County Council to remove the obstruction.

A judge sitting at Magistrates Court found against him and an appeal at Newcastle Crown Court was also thrown out. During this time Northumberland County Council authorised the cattle grid on condition that the route bypassing it remained available to the public.

With the backing of the British Horse Society, the Byways and Bridleways Trust, the Open Spaces Society and individuals, Mr Kind appealed to the High Court. Lord Justice Moore-Bick and Mr Justice King found in Mr Kind favour, confirming that a cattle grid cannot be authorised to block the whole width of a footpath or bridleway.

Northumberland County Council must now restore a legal route for the public.

The Open Spaces Society said the ruling has echoes of the Barcroft Hall case in Somerset where it was held that gateposts were obstructing a public footpath, in a case brought by Peter Kidner.

Mr Kind said: “This decision, plus Peter Kidner’s case in 2010, goes a long way towards establishing firm and clear guidance on obstructions to rights of way and the duty on highway authorities to take simple, firm and prompt action to put things right.

“Ten years ago Parliament introduced the process for the public to serve notices on highway authorities to deal with obstructions because there was a problem that needed a remedy.

“Plainly, some councils and landowners did not like power being put in the hands of ordinary people and have tried to undermine the process ever since. Northumberland County Council has told me that they want the law changed to give them the power to authorise gates and stiles on public paths where it sees fit.

“That really would be a black day for the countryside and the path-using public.”

Kate Ashbrook, general secretary of the Open Spaces Society, added: “This is a milestone judgment. A cattle grid across a path prevents walkers and riders from using that route, and we are delighted that the court has ruled that an unofficial bypass will not suffice.

“We are also delighted with the affirmation that the whole width of a public path must be kept free of obstruction. We congratulate Alan Kind on his courage and persistence in seeing this case through to a successful conclusion.”