These are the most stringent conditions set by Shropshire Wildlife Trust for vehicular access to the property via the Jack Mytton Way, these temporary conditions made the route unusable.
Email from XX dated 1st August 2011 to Judith
Attachment: Catherton & Cramer – house access (2).doc
Re: Access over Catherton Common to property name* (redacted)
Dear Judith
Shropshire Wildlife Trust are willing to grant permission for you to cross our land at Catherton Common with a vehicle in order to access your property at property name* (redacted). The access will be along the route shown on the attached plan.
Permission is subject to the following conditions:
1. Use is restricted to the owner of property name* (redacted) and their appointed builders/contractors.
2. The permission relates to vehicles upto 3.5tonnes and does not include larger vehicles.
3. The access may be withdrawn if conditions become unsuitable ie. too wet
4. The owner or their builders will make good all damage caused to the route including reasonable wear and tear within as short a time as practicable following completion of work on the house.
5. You will indemnify Shropshire Wildlife Trust against all liability, claims and incidents which arise from the use of the route.
6. Deviation from the marked route is not permitted.
7. Shropshire Wildlife Trust has the right to withdraw this permission at any time if the conditions are not observed.
Please confirm that the above terms of permission are acceptable by signing and returning one copy of this letter.
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Email from XX dated 17th April 2012 to Judith's former solicitor
Subject: Mrs W* acees (sic) at Cramer gutter
Shropshire Wildlife Trust has owned the land in question since 1986 and as far as we are concerned in that time there has been no access across it to Mrs Williams property. There is also nothing in the deeds mentioning such an access.
Shropshire Wildlife Trust purchased the adjoining common around 3 years ago and as a result we are able to offer a permissive alternative route to get to the house which will not involve removing a gate. I understood that the need for access was for building works and in the interest of being a good neighbour I have offered this as an agreed temporary route but as you point out your client was not happy with this. It is unfortunate that since that offer was made another user of this route has damaged the ground making it unusable without some repair works.
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I think XX will find that he has been misinformed, the purchase of the Cramer Gutter field actually took place 28th November 1988.
I am astonished by his statement, my late brother purchased property name* (redacted) in 1969, he and his builder (and other visitors to the property) used this Prescriptive Right of Way until his death in 1997.
I purchased the property upon his death, I and others continued to drive to the property without restriction until Shropshire Wildlife Trust blocked my Prescriptive Right of Way by changing the original 10 foot gate to a 4 foot gate.
This effectively obstructed my legal right of way.
So it would seem hard to fathom that Shropshire Wildlife Trust were unaware of this vehicular use. Photographic evidence very clearly shows a visible track on the ground, these photographs were taken shortly before the change of gate.
Incidentally, I met XX in 2007, we discussed the maintenance of the track, in 2008 my former mediator wrote to the now former CEO and requested a meeting regarding the track. This email was passed onto XX who confirmed that there were two tracks across the Cramer Gutter field and he was aware of my vehicular use.
Add to this the statement made by your warden stating that Shropshire Wildlife Trust had replaced the gate to stop vehicles from using the route, this confirms prior knowledge of my vehicular use, and the deliberate obstruction to my Prescriptive Right of Way.
Your former CEO stated that Shropshire Wildlife Trust and Natural England have both confirmed that I have a Prescriptive Right of Way in emails dated 9th June 2016, and 17th May 2018 respectively.
I suggest that the Chief Executive Officer and the Trustees review the Statutory Declarations submitted on 27th May 2015.
These are the two routes which Judith and Meredith have used to walk to the property for over 15 years:
The blue line shows the route across Catherton Common from the main road walking via the Jack Mytton Way, down past the warden's home to the cottage.
The red line shows the much shorter Cramer Gutter route.
This is our Prescriptive Right of Way.
The track has been allowed to fall into complete disrepair due to the Trust's lack of actions and their refusal to let us put in a two tyre track as they originally agreed.
The
pile of rocks at the entrance to the brook, the broken stile and the cattle in the field have made this route
unusable, also very dangerous to attempt.
The ground is very uneven, and very slippery when wet, stepping down from a height of over one foot into Cramer Gutter brook, it is impossible to walk via this route when the brook has flooded, which due to climate change in the UK is now very frequent.
Due to this we have had to use the Jack Mytton Way which was never our route of choice.
Please note that whilst Judith has been stopped from driving to her property, other vehicles have had free rein to drive via the Jack Mytton Way which has led to industrial scale damage to a Site of Special Scientific Interest (SSSI).
15 years of Judith walking across Catherton Common
Cattle in the Cramer Gutter field, 5th July 2010
12th November 2011
2nd January 2012
3rd April 2013
2nd May 2013
2nd May 2013
Judith carrying double glazed glass across Catherton Common after vandals had smashed windows, 1st July 2014
Judith carrying a strimmer across Catherton Common, 19th September 2014
4th December 2014
Judith attempting to cross from the Cramer Gutter field, over a one foot drop down onto a very uneven surface, stile is broken, 9th July 2015
25th August 2015
25th August 2015
18th December 2015
Rock piled up at the Cramer Gutter gate, an effective barrier, the stile is broken, 15th May 2016
10th May 2017
Judith attempting to cross Cramer Gutter brook, 4th July 2018
28th August 2018
1st August 2019
Tyre tracks leading across Catherton Common, 15th October 2019
Impassable via Cramer Gutter brook, 14th December 2019
10th March 2020
29th September 2020
15th December 2020
18th May 2021
2nd May 2022
Judith walking across Catherton Common with the aid of a stick, 15th November 2023
15th November 2023
14th April 2024
14 years obstruction to our Prescriptive Right of Way, 14th April 2024
21st July 2024
14 years obstruction to our Prescriptive Right of Way, 21st July 2024
Judith has suffered years of ill health, she is now no longer able to walk via the Jack Mytton Way, it is far too long and arduous, the track is heavily rutted from years of damage.
Judith now has to walk to the cottage via the Cramer Gutter route, this track leads from Cramer Gutter Lane across Cramer Gutter field, over the Cramer Gutter brook, and across Catherton Common to the property.
This is our Prescriptive Right of Way.
The track has been allowed to fall into complete disrepair due to the Trust's lack of actions and their refusal to let us put in a two tyre track as they originally agreed.
The ground is very uneven and very slippery when wet, the crossing at Cramer Gutter brook is treacherous, Judith has to step over the wooden bar and down onto a very uneven and very slippery surface, this is very dangerous and very painful for someone so elderly. It is impossible to cross the brook when it is flooded.
The gate has been removed from its hinges and it has been secured ACROSS the pedestrian access?!
Judith walking with the aid of a stick from the property towards the Cramer Gutter field, 16th June 2025
Judith crossing Cramer Gutter brook with the aid of a stick, 16th June 2025
Judith has to step up and over the bar across the bottom of the gate, this is very dangerous and very painful. The gate has been secured ACROSS the pedestrian access, 16th June 2025
