Important notice regarding public access on our land

This is a private farm and is NOT part of the Nature Reserve. The trail marked orange on the map alongside the railway is a Private road and it had a concessionary public access due to a historical arrangement between CEMEX and Derbyshire Country Council from 2007.

However, the arrangement ended in 2017 and there is no public right of way anymore. As the council is not maintaining it and the condition of the trail is deteriorating into a very poor state, the public access to it could be closed physically at any time.

No horses.

Anybody who entered into it without our permission will be trespassing and will be at his/her own risk.

Thanks for your cooperation. Any questions please leave a comment below and we will reply to you at our convenience.

17 thoughts on “Important notice regarding public access on our land”

  1. Could you tell me what could be closed at any top me’ actually means please? I use this route regularly and would hate not to have access.
    Please clarify

    1. It means we will potentially fence it up with gates to stop people physically entering into the land. At the moment it is still a private road and has no public access, anybody who entered into it without our permission will be trespassing and will be at his/her own risk. But we have not fenced it up yet.

      Derbyshire County Council has officially confirmed to us that to close the road is our legal right.

      We don’t want to do this but this is the only way to stop trespassing and burglary which we have suffered too much in the last few months. These trespassing, damage, and burglary have caused a lot of damages to us and stopped our normal operation works.

  2. This has been public access for many years and should be maintained.

    All possible means should be explored to ensure this path is kept open and accessible to the public

    1. We have tried to open it to the public for a full year since our purchase in 2017, but unfortunately, not everybody respects our goodwill. Horses’ and dogs’ wastes were left on the land, fences have been destroyed, trespassing, motor cycling, rubbish dumping, camping, fishing, campfires…Derbyshire Country Council stopped the maintenance years ago and it is up to us to clean the rubbish for you.

      However, that is not the only thing. A lot of trees were cut illegally, windows were smashed, canoe ditches were dug next to the lake, a cabinet was built illegally and somebody lived in it! And recently, our newly-bought land survey boats have been damaged and stolen for 3 times…

      We have reported to police for a few times and nothing can be done to make the site safe apart from closing the road from the public.

      We are not a charity or government body and everything we do will be at our own cost. We would like to open to the public as long as our own interests are not affected, but obviously, enough is enough, the damage we received are too much and have stopped us from the normal operations and we don’t have a lot of other options.

  3. I think the reason behind the issues you are having is maybe because the public don’t like to be shut out of somewhere they have been going for years, especially since the majority of them enjoy seeing the animals, socialising with their dogs and riding in a safe area with their children. I have never seen anybody acting in a anti social way or vandalising anything, all the people I see there are polite and helpful. I feel the more areas you shut off the more issues you may have. Such a shame as if you took the time to speak to us we would probably be more than happy to help. Communities like to be included and I for one feel that hasn’t happened.

    1. Jo, if you open your front garden or even the front door to the public to walk on freely for 2 weeks you will understand why. As what you have said is exactly what we have done for a full year since 2017. We would like the public to keep enjoying it and we pay for the cleaning, maintenance, and safety for the public (thousands of pound occurred already even at a minimum level of maintenance, and what have you contributed to the land?). But it is a big land and you can’t stop the 1% people that don’t respect these effects and come to do all sorts of damages and stealing just for fun. They will steal from small things like a fire extinguisher or an umbrella to as large as a boat, if they can’t steal it they will smash it, these are criminals!

      Why the Attenborough sailing club next door installed high fences, barbed wires, metal gates and put a lot of warning messages, why don’t they open to the public to let people enjoy the lake view (and they are on public land)? As people set fire on their boats in the midnight and burnt them down completely! Police have been reported in a number of times and they can’t stop them either. And the people who pass by our land? We have not heard anything like a “Thank you”, but “what the hell, big pitfalls, and mud, who the hell is doing the maintains?” With bitter disappointment we finally understand there is a reason that government does the public’s maintenance jobs since it receives taxes, it is beyond the private sectors.

  4. It is with bitter disappointment that I read your intentions to close off this land. As a member of Long Eaton Running Club, the marshes in winter are unparalleled as a course for cross country running races and are an excellent asset to the town.

    If conversations were had with the canoeists, anglers, conservationists, butterfly band and running club, surely an agreement to share the land could be agreed which did not in any way endanger your property?

    1. There is a potential to sign license agreement with limited amount of groups who MUST use this land, at a cost of the maintenance and security spending. If you do not want to pay obviously it doesn’t really value that much to you as what you have said.

  5. I have lived locally for 64 years and walked these fields for many years. I am also disgusted with litter that certain people leave and have picked this up for years, but it’s quite obvious that who ever is replying to these comments knows nothing about the land. As to say it’s cost you thousands of pounds to repair vandalised property is not true. Can you tell me where your buildings are? where your windows are that have been smashed? there is not a single building on this land and long may it stay that way. Leave it for the wildlife and for local people to enjoy

    1. Keith, as we have mentioned earlier, we wanted to open it to the public, as long as our own interests are not affected, if you can solve these issues for us, we will re-open it for you.

      However, it does not happen. The damages were not necessarily to buildings, police had some of the records and we don’t want to disclose all the damage details. Vehicles and tools were damaged or stolen onsite as well, these happened before we eventually decide to close the road as there is no other way to secure the site. By opening it to the public we can only leave it as a bare land and our interests were greatly affected and our project can’t proceed. Trespassing fishing men were still on site 2 days ago and a lot of rubbish and human wastes was found near the lake. We need to hide our tools on our own land from stealing and walked a long way to get them. The previous owner did not use the land so they did not take action to people who trespass but it does not mean this was allowed or legal.

      On the maintaining side, just to cut grasses and hedges for a 700-meter-long road and dispose them will cost a few hundred pounds already and this needs to be done a few times per year. Fixing the damaged fences and road pitfalls cost us another three thousand easily plus to handle the rubbish throughout the whole site—not just the road. If you think the road is in a reasonable condition and had walked on this road in the past 12 months you should thank us to do these for you–at our own costs, free for you.

      But obviously you didn’t, you come here to accuse us instead, and this is one of the reasons we don’t want to open it anymore: nobody appreciated or thanked our work and costs, but keep complaining, at our land, at our maintenance cost, and on something they do NOT have a right to enter.

      To anybody who checked the OS map and said this is a public right of way, your finding is WRONG. The definitive map is the ultimate place for the public access, and this is a private road on the 2018 definitive map. It was a private farm and then a private landfill site and then a private mining site and is now back to a private farm again. It opened to the public for years as a dirt road, but it was then closed for mining and was rebuilt in 2007 with hardcore, and a gate was installed. The road was opened to the public in 2007 with consent by the previous landlord, so the right of way claiming by prescription rule (Nec vi, nec clam, nec precario which means ‘without force, without secrecy, without permission’) does not apply here.

      We had a site meeting with 3 officers from Derbyshire County Council Friday last week and we hope to find a way to solve these issues—not just the costs, also security issues. If no agreement can be made in the near future, we have no choice but to exercise our right to close our private road–physically with fences and gates. Should we have done so, we are still open to negotiating as long as a mutual agreement can be made at a later date.

  6. i wonder if you would like to disclose the days mentioned in the statement ‘It had certain days and nights closed during the history, and these closing days interrupted the 20-years continuous public access (that means without a single day’s closure for a whole 20 years’ period, that’s why a lot of private roads close for one day per year or per a few years, and remain as private even after decades).’as i and many of my friends cannot ever remember it ever being closed and surely you must have this recorded this to be able to back up the private land statement

    1. It’s not our obligation to provide these as we are not seeking to change the land status, it is PRIVATE now and PRIVATE as always. 20 years is a long period, please do not rely on your memory. Obviously, there are reasons that it remains on the official record as a private road–especially while nearby ones became public.

      If you receive charity donations every year and one day they stopped doing such you should still thank them instead of swearing. The same principle applies to the land, it was a gift, not a right.

  7. This is an industrial agrochemical site.
    1. Where will be the road leading to this site? is this currently used – ie if it is the sailing club road what will be the impact of your traffic?
    2. In these 80 feet transparent pyramids will there being coloured LED to speed up growth and how will this affect the nature reserve.

    1. 1. We have our own rights of way reserved when we purchased the land, and one of the key point we purchased this land is because this road we are talking about is NOT registered as a public right of way.
      2. The project we are hoping to carry out is the most advanced eco-farm worldwide and it suits well with the Nature Reserve and will benefit the local economy.
      3. The road alongside the River Trent for approximately 800 meters’ long is also on our land and it is still open to the public, that road is an alternative diverted route to the one we have closed.
      4. The Nature Reserve had confirmed with us that part of the Skylark Nature Trail on their route map through our land was a mistake and the map would be modified to remove the private road section. They are also interested in a potential cooperation with us regarding this project.
      5. The piece of land including the lake next to the Trent Meadows where the tarmac road ends is also ours and does not belong to the council as somebody believes.

  8. Just maybe, a little thought, and I can’t see any swearing in any of the questions posted, by the way. Maybe, as so many have said, it was thought that the paths in question were a public right of way, and it has not been known by the general public, that the paths are actually on private land and that is why no one thanked you. I find it incredulous that you expect people to thank you for walking through your land, is there a box to leave ‘thanks’ anywhere along the route? Or do you expect people to walk up to your door?
    It is such a shame that the council isn’t stepping in and stepping up to help in this matter, as so many people use this route for pleasure, fitness and to enjoy nature. The paths around this area have been used by the public for decades. I hope you look after it, care for it and don’t use any harmful chemicals in your farming and businesses.

    1. Thanks, some swearing ones are blocked.

      Council had stepped in but no agreement had been made so far. One thing we had confirmed with them is this is a private road and we do have the right to close.

      We had opened it to the public for a year and it didn’t work well at all. We hate to say but generally speaking, to open it to the public will cost us to maintain and insure and stop us from doing any practical operations on the land, even a plastic chair will be stolen or damaged in 2 days. 99% nice people passing by will not make a difference, as it is the 1% we would like to keep away and they will bring big damage if they can enter freely.

  9. There are a few more comments asking for our detailed plans, access routes, and a public consultation meeting. We hereby answer them in one go:

    1. The detailed plans are our own matters and we don’t want to disclose at the early stage. The local council will have the information when planning application or permitted development rights to be applied for in the future. You need to trust the local authority to have the expertise to decide if it fits the purpose or not.

    2. A public consultation meeting is only needed to change a Public Right of Way into a private road. However, it does not apply here as our road is a private road already. A concessionary public access was given in the past and the 20 years’ right of way claiming by prescription rule (without force, without secrecy, without permission) does not apply here, either. Basically, we have the right to take it back at any time without any third parties’ consent.

    3. The main reasons we decided to take back the public access are the maintenance costs, public liabilities risks, security issues especially burglaries and sabotage, and some offensive behaviors. There is a potential to re-open it in the future, subject to these issues can be sorted with satisfaction.

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