The battery site at the centre of the dispute owned by John Button

Ramblers have won a landmark battle over access to land adjoining the Battle of Britain memorial at Capel-le-Ferne.

A court has told businessman John Button to remove obstructions he put over two gates, preventing access to the battery site, so called because it housed three big guns during the last world war. He has been given 60 days to comply.

The site has been designated open access land under the Countryside and Rights of Way (CROW) Act. This is believed to be the first case of legal action taken under the act.

Mr Button, who says he has spent £200,000 buying and clearing the site to make it a tourist attraction, put up a fence and blocked off two gates put up by Kent County Council rights of way department.

The case was heard by magistrates at Folkestone, with Andrew Hutchinson, KCC’s rights of way manger for east Kent, giving evidence. The magistrates also heard from Mr Button, who lives in Rochester.

The 60 days to remove the obstructions will allow Mr Button to apply to Natural England, the government body which administers open access land, for parts of the site to be exempt from open access restrictions.

Mr Button’s son Martin, who has been acting as his father’s spokesman, said: "My father has no option but to comply with the court and allow access onto the site for half a dozen people who wish to roam, because if he does not, he will be sent to jail.

"We will be applying to get some of the land exempt so that my father can carry on his important and historic work on the site.

"We just hope that 60 days will be enough. We had asked for two years. If we cannot do what is required within this time, then my father will have to leave the site as it is."

Margaret Lubbock, chairman of the White Cliff Ramblers - the south Kent branch of the Ramblers’ association which backed the court action - said: "This is great news for walkers as it means that the public will again be able to enjoy this piece of Kent countryside.

"Open access land is there for everyone to use and it is sad that the entire 13 acres of this site has been fenced off for the past two years.

"We are pleased that the magistrates’ court saw fit to return this scenic and historic setting to the public."