It is cobblers in law. If the land has been crossed for decades then a right, either as a public right of way or a private one, an easement, has been established. It was probably established anyway when the houses were built, if the land and the council land had the same owner and this access was necessary to the enjoyment of the houses, because it would be inferred that the right of way, being necessary, was granted even if the conveyances omitted to say so. No landowner can charge for enjoyment of an established right. He can only do so when the right is granted.
And the Highways Authority might care to explain how land owned by them and used as a highway isn't a highway! We look forward to their claiming ransom strips in every case where a house has a gate giving on to a pavement which has to be crossed to reach the carriageway.