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Walkers in gates court victory

Posted 18 February 2010
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Walkers in gates court victory
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A keen walker has won a legal battle to have gates obstructing a public right of way removed.

Supported by the Open Spaces Society, campaigner Peter Kidner won a case against landowner Brian Herrick, who owns Barcroft Hall in the Somerset village of South Petherton.

Mr Herrick established a pair of locked gates across a driveway on the route, prompting Mr Kidner to start a six-year legal battle that has now ended with a High Court judge throwing out an appeal by Mr Herrick against a 2006 decision that he should remove the blockage.

In that instance, the Crown Court said the gates and middle pillar had to go, but the outer pillars and flywalls could stay.

However, Mr Justice Cranston has now ruled that the whole structure must be dismantled.

The news is a boost for those who love to don walking shoes and walk the public right of way in the area.

Other recent legal victories for those wishing to go walking include a ruling that founders of the Dreams Bed Business Michael and Carol Clare should remove a high metal wall blocking a view across the Chilterns countryside from an adjacent right of way near their mansion.

Posted by Elaine Arthur