14 years of Judith walking across Catherton Common

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 The access may be withdrawn if conditions become unsuitable ie.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 28^th 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 9^th 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.

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).