Ramblers are involved in a landmark battle for access to an historic area in south Kent.

Kent County Council’s rights of way office, backed by ramblers, is trying to enforce the Countryside and Rights of Way Act over the battery site at Capel. This is one of the first attempts made to enforce the act since it became law 10 years ago.

Under the act, the battery site – so called because it housed three big guns during the Second World War – has been designated open access land, giving people the legal right to walk on it.

But the owner, John Button, fenced the land off, preventing access. Members of the White Cliffs Ramblers – the south Kent branch of the national Ramblers association – protested to the county council’s rights of way office, which removed part of the fence and put in two gates so that people could walk there.

But the gates were removed. Mr Button has now been given 21 days to either put them back and allow access, or to appeal . The 21 days will expire next Thursday (March 3). If Mr Button does not comply, the rights of way office will do the work.

Shepway rights of way officer Edward Denne said: “The land was bought at auction, and we do not believe the right checks were carried out to inform the owner that it is open access land."

White Cliffs Ramblers chairman Ted Roche said his group had been concerned since first being made aware of the obstruction a year ago. He said: “We are glad that the rights of way office is taking action under its powers under the Countryside and Rights of Way Act.”

Mr Button has not responded to requests to comment.