Full Breakdown
81-Year-Old Wins Three-Year Right-of-Way Battle Against Derbyshire Council
By Drooid · · How we work
The Tribunal Ruling
A first-tier tribunal has ruled in favour of Helene Ball, an 81-year-old retired teacher from George Road in Matlock, Derbyshire. The tribunal found that a metal fence panel installed by Derbyshire County Council in April 2023 blocked a 98 cm gated gap that Ball’s family had used to access a council car park since the 1960s. The decision formally establishes a right of way for the garden gate and orders the council to pay £50,000 in legal costs.
Background of the Dispute
Ball, who has lived on George Road since 1967, began legal action after the council cemented the fence panel, effectively preventing her long-standing use of the gate. The case spanned more than three years, during which Ball asserted that the council’s actions caused significant stress and were an unjust interference with her property rights.
Council Response and Official Outcome
Following the tribunal’s judgment, Derbyshire County Council is required to remove any impediments to the gate and to cover the awarded costs. The council’s official statements have not been detailed in the source material, but the court order mandates compliance with the right-of-way ruling.
Costs and Legal Consequences
The £50,000 cost award reflects the expenses incurred by Ball in pursuing the case. The tribunal’s order also includes a directive that the council must ensure the access remains unobstructed in the future, reinforcing the legal recognition of historic usage rights.
Implications for Local Access Rights
The decision underscores the importance of documented historic use when asserting access rights against local authorities. It may serve as a precedent for other residents seeking to protect long-standing pathways that are threatened by council-initiated alterations.