It is a battle which has pitted the common men and women of Brancaster against the combined might of their parish council, the National Trust... and the local golf club.

But the latest round of hostilities in the long-running legal wrangle over who should get the income from the beach car park has ceased after the villagers called a truce.

They claim they are entitled to a share of the parking charges to make up for ancient grazing rights they lost when the area, which was traditionally common land, became a car park.

However, they have abandoned their legal action because they cannot afford to continue - although they warned they have not abandoned their claim and may yet return to the fray.

The car park which has been at the centre of the lengthy dispute at BrancasterThe car park which has been at the centre of the lengthy dispute at Brancaster (Image: Chris Bishop)

ANCIENT ROOTS OF THE ROW

The car park is used by the thousands who visit Brancaster Beach each year and pay £5 for two hours or £11 for 24 hours during the summer season. It has been in use for decades.

Before that, it was part of a vast area of common land used for grazing animals and other economic activities to support the remote coastal communities.

In 1984, the 300-strong Scolt Head and District Common Rightholders Association (SHDCRA) was set up to protect the ancient rights of local villagers on the land.

It believes its members have a "legal interest" in the common and are entitled to income from the car park, to compensate for the loss of their rights.

The car park is operated by the Royal West Norfolk Golf Club, which is based next to it.

It has been paying part of the income to the parish council since the 1960s.

It currently donates 20pc of its takings, with the parish's accounts showing it received £47,233 this year, while the previous year's payment came to £56,318.

The National Trust, which owns some of the surrounding land and part of the car park, also takes 20pc, while the golf club keeps the remaining 60pc.

The car park is used by the thousands who visit Brancaster Beach each year, who pay £5 for two hours or £11 for 24 hours during the summer seasonThe car park is used by the thousands who visit Brancaster Beach each year, who pay £5 for two hours or £11 for 24 hours during the summer season (Image: Chris Bishop)

BATTLE COMMENCES

While the association contests the claims the National Trust and golf club have over parts of the land, it has focussed on the income the parish council receives.

It raised the issue with the authority in 2020 but was dissatisfied with the response so launched its legal action two years ago.

It took the authority to the small claims court in what would have been a test case, claiming £1,500 on behalf of one common rights holder.

The National Trust and the golf club, while in the sights of the association, were not directly involved in the legal action.

The parish council tried to have the case dismissed but a judge initially ruled the right-holders may have had a case and should seek legal advice before continuing.

SHDCRA's vice-chair Stephen BockingSHDCRA's vice-chair Stephen Bocking (Image: Chris Bishop)

VILLAGERS RETREAT

At a further hearing this summer, the judge ruled the case could not be heard by the small claims court and should instead be referred to a higher authority.

However, this would have resulted in significantly higher legal fees, forcing the association into a retreat.

It said in a statement: "The prohibitive costs for common rights holders in further court actions have led to the trustees' decision to, with great sadness, retire their case.

"With funds being perilously depleted retiring the case at this stage is also a damage limitation strategy and still leaves the option of taking the case forward at a later date.

"Noting here that none of the evidence has yet been heard in court, it has been the legal profession arguing one way or the other whilst mounting up enormous costs."

SHDCRA's vice-chair Stephen Bocking said: "We've stopped the thing with the parish council because of the money involved. 

"All we were looking for is a line drawn in the sand so everyone knows where they stand. It just isn't right."

Mr Bocking said the group had been warned the costs of appearing before a higher court could come to £18,000, while it could have been liable to costs of hundreds of thousands if it went to the High Court and lost.

He added: "There's no justice for the poor man."

SHDCRA disputes who actually owns the car park at BrancasterSHDCRA disputes who actually owns the car park at Brancaster (Image: Chris Bishop)

DISPUTE STILL SMOULDERS

The SHDCRA disputes who the car park belongs to, believing it to be part of a registered common rather than the property of the golf club.

"All you have to do is look into who owns the land and they can't prove they do," he said. "That's what makes us so angry."

In 2021, campaigners staged a protest camp on the site. Mr Bocking and fellow villager Chris Cotton, who both took part, were members of the parish council at the time.

Both were later censured for joining the action. Mr Cotton has since left the council, while Mr Bocking remains on it.

The car park by the beach at BrancasterThe car park by the beach at Brancaster (Image: Chris Bishop)

Parish clerk Simon Bower said at the time: "It's been a long-standing situation which is unfortunate and divisive."

The National Trust also receives 20pc of the car park takings, while the remaining 60pc is understood to be kept by the golf club.

A spokesman for the NT said: "The National Trust has 673 hectares of land in its care across the Brancaster estate, including parts of the beach car park.

"There is a lease in place with the Royal West Norfolk Golf Club that includes this land and the National Trust receives a proportion of the revenue as part of this commercial agreement."

The parish council met behind closed doors to discuss the latest development on Tuesday night. It is expected to issue a statement on the latest development.

The golf club has been approached for comment.