Twenty years ago today, 10 February 2003, I donned a hard hat and, wielding bolt-cutters, sliced through the heavy chain which fastened the gates obstructing Framfield footpath 9 in East Sussex. Beyond, a JCB was moving in to demolish the barn and shift the refrigeration units which also blocked the path. It was a blow for freedom.
This was the infamous footpath where the landowner, Nicholas van Hoogstraten, called Ramblers ‘riff-raff’ and ‘scum of the earth’.
The opportunity for the high-profile reopening of the path followed a five-year campaign and at least 13 years of obstruction. First the Ramblers, and then I, prosecuted the offending company, Rarebargain, for illegal obstruction of the footpath. I repeatedly returned to the Lewes magistrates’ court and Rarebargain was found guilty and ordered to pay a total of £93,250 (which was never paid).
Meanwhile, East Sussex County Council (ESCC) tried to move the path rather than the obstructions, making a diversion order to which there were 2,000 objections. When Rarebargain did not remove the obstructions, I took ESCC to the high court and then the court of appeal, for diverting a blocked path instead of opening it. Even after I had won the case, ESCC had no intention of removing the obstructions, but fortunately the land went into liquidation. The liquidator agreed to open the path and allowed the Ramblers to lend a hand. The detailed story is here.
The Hoogstraten affair was wonderful for the Ramblers’ profile, fund-raising, and membership figures—yet there are hundreds of Hoogstratens still at large. They are less blatant, but they are stealing our paths, putting up barriers, and making us feel unwelcome.
Landowners buy properties and erect imposing gates and CCTV cameras, intimidating walkers. Cross-field paths are not reinstated, and headland paths are destroyed, so people don’t have the confidence of knowing where to go. Countless stiles are obstructions because they are impossible for the elderly or infirm. There is overgrowth and undergrowth hiding the paths. Highway authorities with reduced funding have ever-increasing backlogs.
Ramblers Cymru reckons that about half the paths in Wales are blocked or difficult to use. Thirty per cent of Anglesey‘s paths are said to be unusable. So much more could be done, not least by funding public access through the Environmental Land Management Scheme in England, and the Sustainable Farming Scheme in Wales, with effective cross-compliance so that grants are withdrawn if any public right of way on the applicant’s land is not in good order. The public should not pay for law-breaking. But none of this is yet happening.
Battles still rage in the countryside, not least over backpack camping on Dartmoor which is catalysing a new movement for greater rights to roam. Twenty years on Framfield footpath 9 is, as far as I know, still open and easy to use, a testament to a great campaign. But it takes constant lobbying, problem reports, self-help, and legal action to protect our rights and to create new ones. We can never let up.
CampaignerKate 
You have been fighting for so long, and that is awesome. I’ve learned a fair bit from your blog. I never know what to do when the path across the field is missing. Are you allowed to just walk across and trample the crop? I once stood at the edge of the field while the farmer watched me from a tractor on the other side. I walked around because I didn’t know what my rights are.
Thanks for your comment. Yes, if a crop is planted over the path across a field you should walk across if it is physically possible. You are allowed to deviate as much as is necessary to get round the problem, but it’s much better to make a path through and then perhaps others will feel confident and use it too.
That’s a good point. Thanks
Good to remember this.
Thanks for the reminder and not giving up on this important case.
I have been walking in East Sussex this week and within half a mile came across three obstructions on a path near Rye. Obviously I will report these but most people don’t know how to report problems and have no faith that anything will be done when they do. A decent smartphone reporting app would help.