A victory for villagers

Ramblers and residents of Withyham, East Sussex are celebrating after a blocked footpath across the 11th Earl de la Warr’s Buckhurst Estate was yesterday declared a public right of way following a ten year dispute. The long-used path, which connects Withyham centre to the village Church − 14th Century St Michael and All Angels − has been blocked since 2000 when a barbed wire fence and a ‘private’ sign were erected over the way. This came as a surprise to many people, including some who had used it since the 1930s!

The obstruction led to villagers complaining to Rambler Malcolm McDonnell, of the parish council Rights of Way Committee, who made a formal application for the route to be recognised as a Right of Way based on a long history of public use. For seven years the application was lodged with East Sussex County Council, who then rejected the evidence. An appeal to the Secretary of State led to a public inquiry in January of this year. The Ramblers represented Mr McDonnell and called several villagers to testify to their use of the path without let or hindrance.

“The views from the path are spectacular,” wrote 70-year-old Pamela Morros, who first knew the way 60 years ago, and sent a sworn affidavit all the way from Montreal in Canada. “The walk down from the churchyard is extremely beautiful. I used it as a child and always believed it to be public. But when visiting in 2003 I was shouted at and told to leave. This path is an intrinsic part of Withyham and Withyham life – a vital, beautiful connection naturally flowing from the church to the road. I cannot see a moral reason for taking this away from the people.”

Rosemary Russell, who has lived in Withyham since 1941, said: “I still live in the house I was born in, and I used the path frequently, three or four times a week to go to the church and sometimes on longer walks. As well as Sunday School and normal church services, I joined the choir and later took up bell ringing. All such visits were on foot, and the Knoll path was used as a short cut, or just for pleasure when the weather was nice.”

“Lots of kids from the village used to play on the Knoll where the path is, sledging in the winter and camping with the Scouts in the summer,” added 57 year-old Les Stone. “I always assumed it was public as it had gates at both ends, and no one ever told me not to use it or gave me permission.”

At the inquiry the Earl maintained that he had never seen anyone use the path. But the Inspector found otherwise, and ruled that both under common law and through at least 20 years’ public use under statute, the public had acquired a right of way over the land. Ramblers member, Malcolm McDonnell, comments: “The celebration is tinged with sadness, because, following nine years of delays and misjudgements by East Sussex County Council, at least four villagers who had used the path throughout their lives have not lived to see its re-instatement.”

Tom Franklin, Ramblers CEO comments: “This vital East Sussex path is now open thanks to the villagers who stood up for the public’s rights. However, hundreds of paths in England and Wales remain difficult or impossible to use. With local authority budgets under threat from recession, it is vital that councils provide robust funding and political will to ensure that these all too-vulnerable rights of way are protected and maintained.”

Picture captions:
Top: The disputed and beautiful path viewed from the northern end, as you step into the field from the churchyard, looking down into the village.
Middle: Withyham residents, with Malcolm McDonnell on the right, holding the confirmed order-map. Courtesy of the Brighton Courier.
Lower: The view from the churchyard, showing the kissing gate on which the Earl caused a “Private” notice to be placed.