Vixen Tor Farm: no public access confirmed by inspector

The question of public access at Vixen Tor Farm on Dartmoor has finally been answered by a planning inspector, who concluded that the public has no right of way.

It brings to an end a campaign brought by The Ramblers, the British Mountaineering Council and others who have spent the last eight years seeking access to the Tor since it was closed off to the public in 2003 by the owners, Mary Alford and her son Daniel, on advice from their insurers.

Following a five-day public inquiry, the inspector found that, although there was evidence that people had visited the Tor, there was insufficient evidence to show that they had used it for the required statutory period of 20 years. Furthermore, he found that the evidence presented at inquiry that people had used the Order route, did not demonstrate that a public right of way had been dedicated at common law.

Devon County Council's case was that there was public use of the route during the period 1956 – 1976. However, crucial documents discovered by Mrs Alford in Devon County Council's own archives showed that the relevant period was 1946 – 1966. The Council did not locate the documents, despite claiming they had carried out "exhaustive research", and indicated that the records had been lost.

Once this evidence came to light, The Ramblers withdrew their application but the Council maintained its support for the Order at the inquiry.

Mrs Alford said "We are pleased that the inspector, having seen all the evidence, agrees with us that there is no public access at Vixen Tor Farm.  It has been a difficult period for me and my family and we have been put to considerable expense to prove what we believed all along.

I question how much has this cost the local taxpayer? At a time when the Council are cutting back on spending for all Devon communities, it seems such a waste of taxpayers' money when the Council should have listened to locals and done their research more diligently.

We can now, finally, put this matter behind us and continue actively farming the land as we always intended."

Derek Walsh, Partner at Thrings solicitors, who represented Mrs Alford and her family, said, "The evidence gathered by The Ramblers and Devon County Council had irreconcilable difficulties and the approach taken by the Council to define the Order route was fundamentally flawed. The evidence was pieced together illogically to form an Order route that, in reality, never existed.

Furthermore, the Council's failure to locate important documents in its own archive was significant. The fact that its discovery led The Ramblers to withdraw their application shows how important these documents were to the claims being made. These should have been located by the Council during its own investigations.

This is an Order that should never have been made in the first place."

Mrs Alford added, "We would like to thank the many people who have supported us over the years and especially our Barrister, Karen Jones of Tanfield Chambers."

The full decision can be viewed on the Planning Inspectorate's website.