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An 81-year-old retired teacher has hailed victory in a three-year legal battle against a council - to win the right to walk out of her own garden gate.
Helene Ball took legal action against Derbyshire County Council after discovering one morning in April 2023 that a metal fence had been cemented over a 98cm gap in her rear garden wall.
asserted
fence → see → wall
The gap leads into an adjoining council-owned car park, but Mrs Ball, who has lived at the house in Matlock since 1967, said she and her family had used the route unopposed for more than 40 years.
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she → lead → years
The cost of the legal case soared to around £50,000 in the three years since - but a judge has now ruled in the homeowner's favour.
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judge → soar → favour
Mrs Ball successfully argued that her continued access amounted to prescriptive rights to access the route, which will now be added to the deed for the land.
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which → argue → land
The council has also been ordered by the courts to pay Mrs Ball's costs and to ensure her pedestrian and vehicular access is not impeded again, as it has been for three years, the Derby Telegraph reported.
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Telegraph → order → years
The fence panel over her rear garden gate was removed within a year, but the vehicular access had been blocked throughout the whole time period, while the car park itself has been on the market for sale as a small housing development.
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park → remove → development
The county council refused to comment on - or provide the cost of - the extensive legal challenge.
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council → refuse → challenge
Council workers are in the process of installing large concrete blocks through the car park from the entrance, to provide a route for Mrs Ball's car up to her rear garden.
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workers → instal → garden
The court ruling from Judge Robert Brown said legal representation from the council was 'surprisingly combative' given its 'limited evidence' and 'unsubstantiated assertions', according to the newspaper.
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representation → say → newspaper
Judge Brown found parts of the legal representation for the council 'totally irrelevant', 'most unhelpful' and even described the litigation as 'pugnacious'.
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parts → find → litigation
The installation of the fence and legal challenge started under the previous Conservative-controlled administration, but the continuation and final tribunal court hearing took place under Reform UK control.
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continuation → start → control
Helene Ball took legal action against Derbyshire County Council after discovering one morning in April 2023 that a metal fence had been cemented over a 98cm gap in her rear garden wall
Mrs Ball successfully argued that her continued access amounted to prescriptive rights to access the route, which will now be added to the deed for the land
Mrs Ball, a retired teacher, told the Local Democracy Reporting Service: 'I have taught nine, 10 and 11 year olds all my life but I never expected the council to act so babyish, they have been spitting their dummies out of the pram and it has been beyond childish.
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it → take → pram
They did everything they could to bully me.
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they → do → me
I just want to live peacefully.
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I → want → ?
I am a strong woman and it has brought out my stubborn side.
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it → bring → side
'I dealt with bullies at school and then found myself being bullied again.
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myself → deal → school
'They tried to put us off but they messed with the wrong ones.'
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they → try → ones
She continued: 'We've been really struggling.
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We → continue → ?
At my age you don't know how many years you have left and this has given me three years plus of stress but now we have proven they blocked our rights.
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they → know → rights
I am disgusted that the council would behave in this manner and try to intimidate me into giving up.
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council → behave → me
They have been exceedingly rude throughout and pushed me to my limit.'
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They → push → limit
Mrs Ball was aided throughout her legal battle by her son, David.
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Ball → aid → son
He said: 'It has been a long time coming and the council has tried to shut us down for three years and shut down every form of resolution or negotiation, and blanket denied our claim, with three years of distress caused to an 81-year-old woman.'
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council → say → woman
Mr Ball says the costs to his mother are in the region of £50,000, which are now being negotiated as part of the court agreement.
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which → say → agreement
He said the fence panel was installed two weeks after the second anniversary of the death of his father, at a time of great distress for the family, saying it was viewed as a 'completely unnecessary act of aggression'.
Mrs Ball said this had 'weakened her resolve' but found sufficient strength to hold her ground.
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this → say → ground
Mr Ball said: 'The council chose to act with malice and incompetence and did this with wilful intent.
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council → say → intent
It undermines your faith in the system and it was frightening what lengths they will go to to get what they want.'
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they → undermine → what
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