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Couple Face LegalAction After Blocking Bridleway Despite Court Order

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Couple Face LegalAction After Blocking Bridleway Despite Court Order
Bridleway DisputePublic Right Of WayHertfordshire

A Hertfordshire couple faces possible prosecution after re-blocking a public bridleway that council workers had just cleared following a six-year legal battle. Locals report David and Dawn Moore rehung gates and confronted users, claiming they were trespassing on their land despite a High Court ruling confirming the path's status.

A couple who had gates torn down at their home by council workers after losing a six-year legal battle over a bridleway could face legal action after they were accused of blocking the route again.

Workmen arrived on Monday to remove the three barriers and dense brambles that had been allowed to grow across the route that furious villagers said had been in use for more than a century. It followed a High Court ruling that backed the local authority and the Planning Inspectorate after they confirmed the path on land beside David and Dawn Moore's house in Little Berkhamsted, Hertfordshire, was a public right of way.

Locals cheered as the gates were taken down - although the work was temporarily halted twice for an ambulance to attend as Mrs Moore was apparently taken ill during the furore. At one point, Mr Moore marched towards onlookers who were filming the scene, with one telling him: 'I'm cheering because the bridleway is now open.

' He replied: 'Oh. Open at the expense of my wife collapsing, yeah? You happy with that?

' But jubilation has turned to renewed frustration after villagers complained at least one of the gates had been rehung and the Moores - who are believed to have spent up to £400,000 on their failed legal case - were warning anyone trying to use the bridleway that they were 'trespassing'. There were also claims the couple had prevented council workers from putting up a new bridleway sign on public land across the road from their house the following day after remonstrating with them.

One told the Mail: 'I have just been through, with Mr Moore telling me I was trespassing. When I continued walking he closed the gates behind me.

'I have notified the council and sent them photos. ' Another said: 'Dawn Moore was the first to approach and tell him he was on the wrong path.

'Then David came out and shouted that he was trespassing- so both of them . ' Among other comments was: 'Both Mr Moore and his wife were out remonstrating with the people trying to put the direction sign up, who gave up after a sob story. 'They keep replacing a gate that is propped up and not safe and telling people to get off their land as they are trespassing.

'They had already been warned by the council, so looks like they will be prosecuted. 'Funny she made a miraculous recovery to have a go at users of the bridleway. ' The gates were removed after Mr Moore and his wife, a cancer specialist who is known professionally as Dr Dawn Carnell, ignored a enforcement order imposed by Hertfordshire County Council.

Breaching a local authority enforcement order is a criminal offence which can be dealt with by a magistrates court prosecution, where unlimited fines are available. Alternatively, the council could demolish or remove unauthorised features and recover the costs from the owner. Injunctions can also be obtained from the county court or High Court to halt persistent or severe unauthorised activity.

The long-running dispute involves six-bedroom Breach House, parts of which date back to the 17th century, which the Moores bought for £1.2million in 2015 before spending a small fortune renovating the dilapidated property. In 2019, locals discovered the public right of way which runs through the 1.75-acre grounds was closed off with signs and locked gates - with the Moores claiming the bridleway actually ran between two nearby cottages.

Hertfordshire County Council became involved and passed an order stating the bridleway did cross the couple's land, leading the Moores to take their case to the Planning Inspectorate. During a four-day hearing, senior definitive map officer Gavin Harbour-Cooper revealed the council investigated the matter in 1956 and concluded the path ran through Breach House. The couple say the bridleway should run between two cottages just to the west of their home.

But when the first 'Definitive Map' was drawn up three years later, it showed the 'wrong route' between the cottages, although the Definitive Statement gave the correct information. Nigel Adams, the founder of online estate agents BigBlackHen.com and whose parents owned Breach House from 1973 to 1985, said he handled the sale of the property to Mr Moore and his wife in 2015

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Bridleway Dispute Public Right Of Way Hertfordshire Planning Inspectorate Council Enforcement

 

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