Full Breakdown
Retired Teacher Wins Access Fight, Council Responds with Concrete Blocks
By Drooid · · How we work
Background & Context
Helene Ball, an 81-year-old retired teacher who has lived in Matlock since 1967, long used a narrow gap between her garden and a council-owned car park. The council later installed a green fence that blocked the gap, prompting Ball to claim a prescriptive right of way that had been exercised for more than four decades. The dispute stretched over three years and cost Ball roughly £50,000 in legal fees.
Core Event: Tribunal Ruling and Block Placement
On 27 August, a first-tier tribunal ruled in Ball’s favour, formally adding a right of way to the land deed, ordering Derbyshire County Council to pay about £50,000 in costs, and directing the council not to impede the access again. Within a week, council workers placed two large “concrete Lego-type” blocks on the access road behind Ball’s home, effectively blocking the newly recognised route.
Official Statements & Responses
A Derbyshire County Council spokesperson acknowledged that the original fence had been “unreasonable” and offered an apology for any distress caused, while also stating that the council’s actions are guided by its statutory duty to protect public assets and that further comment on matters already considered by the court would not be appropriate.
Judge Robert Brown, who delivered the tribunal decision, described the council’s legal representation as “surprisingly combative” and “pugnacious,” noting that much of its evidence was irrelevant.
According to the BBC, the council explained that the newly placed blocks were intended to protect the grassed verge and nearby trees from unauthorised parking and damage once the car-park entrance is reopened.
Data & Statistics
- Approximately 54 concrete blocks, each about 2 ft high, line the narrow road behind Ball’s property.
- The court ordered the council to cover roughly £50,000 in Ball’s legal costs.
- The right-of-way dispute lasted three years before the tribunal’s August 27 decision.
Ongoing Legal Action
Ball’s son, David Ball, who is handling the new legal work, says the council is not acting in the spirit of the law and may be interfering with his mother’s access. He indicates that their legal team is investigating further steps to compel the council to remove the concrete blocks and restore unobstructed use of the access road.